Welcome to Kezari.com (the “Kezari Website”). The Kezari Website is hosted by Kezari LLC. (collectively, “Kezari”, “we” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Kezari Website following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
Kezari does sell products that may be used by children, but it does not sell products to children. Kezari only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Kezari reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Kezari believes that user conduct violates applicable law or is harmful to the interests of Kezari or its affiliates.
Kezari® is a registered trademark of Kezari LLC in the United States and other countries. The following marks indicated on the Kezari Website are trademarks or registered trademarks of Kezari in the United States and other countries, with all rights reserved:
Facebook®, registered trademark of Facebook, Inc.; Google®, registered trademark of Google, Inc.; Twitter®, registered trademark of Twitter, Inc.; Vimeo LLC; YouTube®, registered trademark of Google Inc..
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Kezari or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Kezari or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Kezari Website confers on you any license or right under any patent or trademark of Kezari or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Kezari Website, and the selection, coordination, and arrangement of such content, are owned by Kezari or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Kezari Website for any purposes. Nothing stated or implied on the Kezari Website confers on you any license or right under any copyright of Kezari or any third party.
The Kezari Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Kezari Website, or use the contents of the Kezari Website in litigation, or for any commercial or promotional purposes, without the express written consent of Kezari or its lawful successors and assigns.
Notice of Copyright Infringement
Kezari respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Kezari Website, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
If you believe that your work has been copied and is accessible on the Kezari Website in a way that constitutes copyright infringement, please provide Kezari’ Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Kezari Website that is requested to be removed;
- Your name, address, and daytime telephone number, and an email address if available, so that Kezari may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
License and Access to Kezari Website
Kezari grants you a limited license to access and make personal use of the Kezari Website and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Kezari. This license does not include any resale or commercial use of the Kezari Website or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Kezari Website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Kezari Website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kezari. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kezari and our affiliates without express written consent. You may not use meta tags or any other hidden text using Kezari’ name or trademarks without the express written consent of Kezari. Any unauthorized use terminates the permission or license granted by Kezari.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page of Kezari so long as the link does not portray Kezari or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Kezari logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Websites
The Kezari Website may contain hyperlinks (“links”) to Websites operated by persons or entities other than Kezari (“third-party Websites”) or to co-branded Websites operated by a third party, including affiliates (“co-branded Websites”). We provide such links for your reference and convenience only. A link from Kezari to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from the Kezari Website. Kezari IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY Website OR CO-BRANDED Website, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY Website OR CO-BRANDED Website, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Kezari Website, and such further limitations as may be set forth in any written or on-screen notice from Kezari. As a condition of your use of the Kezari Website, you warrant that you will not use the Kezari Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Kezari Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Kezari or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the Kezari Website, you agree not to violate or attempt to violate the security of the Kezari Website, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Kezari Website;
- Sending unsolicited email, including promotions and/or advertising of products or services, and
- Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Kezari Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Kezari. Title to products purchased on the Kezari Website, as well as the risk of loss for such products, passes to you when Kezari delivers these items to the carrier.
Kezari attempts to be as accurate as possible in describing its products. We do not warrant those product descriptions or other content of the Kezari Website are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Kezari Website are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the Kezari Website. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
The Kezari Guarantee
Kezari guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Kezari for replacement, or refund in accordance with Kezari’ returns policy. Returns are accepted within 30 days of purchase.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE KEZARI WEBSITE ARE PROVIDED BY KEZARI ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEZARI MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KEZARI WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE KEZARI WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE KEZARI WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE KEZARI WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE KEZARI WEBSITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE KEZARI WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE KEZARI WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KEZARI WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEZARI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL KEZARI, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KEZARI WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE KEZARI WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE KEZARI WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO KEZARI THROUGH THE KEZARI WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Kezari or to products you purchase through Kezari shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Kezari’s intellectual property rights, Kezari may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Kezari and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Kezari arising out of or relating to your use of the Kezari Website, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Kezari Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Kezari Website at any time for any reason, without notice. We may discontinue or restrict your use of the Kezari Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kezari as a result of this Agreement or your use of the Kezari Website. Nothing contained in this Agreement is in derogation of Kezari’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Kezari Website or information provided to or gathered by Kezari with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Kezari to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Kezari Website and their content, and supersedes any prior or contemporaneous communications between Kezari and you regarding the Kezari Website and their contents.
All rights not expressly granted herein are hereby reserved.
EFFECTIVE DATE: June 24, 2018