These terms and conditions of use (“Terms”) govern your use of the website located at kyboe.com (the “Website”). The Website is the official site for KYBOE! (“Company”, “we”, “us”, and “our”) and its parents, subsidiaries and affiliates. Your compliance with these terms is a condition to your use of the site. Accessing, browsing or otherwise using the site indicates your agreement to all the Terms in this agreement, so please read this agreement carefully before proceeding. These Terms apply to all users of the KYBOE! Website, including users who also may be contributors of text, content, information and other materials or services on the Website.
MODIFICATIONS OF TERMS
Periodically, we may change the terms that govern your use of our Website. Your use of our Website following any such changes to these Terms constitutes your agreement to follow and be bound by the Terms as revised.
USE AND RESTRICTIONS
Subject to the Terms of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of interacting with the Website content and shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
INTELLECTUAL PROPERTY RIGHTS
All content on this Website (including, without limitation, text, design, graphics, logos, trademarks, icons, images, audio/video clips, downloads, interfaces, material, information, code, and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by KYBOE!, and its parents, subsidiaries, and affiliates, or its content providers and is protected by United States and international copyright, trademark and other applicable laws.
You understand that when using the Website, you will be exposed to user submissions from a variety of sources, and that KYBOE! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KYBOE! with respect thereto, and agree to indemnify and hold KYBOE!, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
When and if you use the Website, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password, and any other account identifiers related to any personal account you created on the Website, and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your account. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your e-mail address, password, or any other account identifiers related to your account, you must notify us immediately. We may assume that any communications we receive under your e-mail address, password, via your account, or any other account identifiers have been made by you unless and until we receive notice otherwise.
We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Website.
You consent to receive electronic communications from KYBOE! either in the form of an e-mail sent to you at the e-mail address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Website shall satisfy any legal requirement that such communication be in writing.
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
WARRANTIES AND DISCLAIMERS
The Website, user submissions and content provided via the Website are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, KYBOE! disclaims all representations, warranties and conditions, express or implied with respect to the Website, use submissions, the content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance, unless otherwise specifically set forth in the Limited Warranty (hyperlink to the warranty page).
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. We reserve the right to revoke offers or correct errors or inaccuracies or omissions.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
LIMITATION OF LIABILITY
This Website is created and controlled by KYBOE! in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. KYBOE! reserves the right to bring proceedings against you for breach of these Terms in your State of residence or any other relevant State.
C/O Customer Service
6800 Broken Sound Parkway, Boca Raton, FL 33487