Terms Of Service

Last Updated: January 16, 2019

CONGRATULATIONS! Studies show that only 1% of people view a website’s Terms And Conditions page. Okay, we couldn’t find an actual study online but if we did, we’d assume it would be around that number. First off, welcome to Kojent Apparel, located at https://www.KojentApparel.com (the “Site”). We know these documents can be long and somewhat difficult to understand. We’ll do our best to keep it as straightforward and easy to read as we can.

This is a legal agreement (herein “Agreement”) between you, the end user (on behalf of yourself, your company or organization) and Kojent Apparel with respect to access to and use of the Site. Please read this Agreement carefully before continuing to use the Site and creating your account, browsing, purchasing and/or subscribing. By accessing and/or purchasing from the Site you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not access this website and discontinue your registration, purchase and/or subscription. Your use of the Site means that you agree to the terms of this Agreement. These Terms Of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

References in this Agreement to “Kojent Apparel,” “we,” “us” or “our” mean Kojent Apparel. We may – at our sole and absolute discretion – change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You shall be exclusively responsible for the supervision, management, and control of your user login and password for the Site and you shall ensure that you properly exit the Site at the end of each session.

What We Do

Kojent Apparel is a company that designs, manufactures, decorates and sells custom shirts, hoodies, hats, pants and accessories (collectively “Merchandise”). We are practitioners of our craft and dedicated to providing a great product along with a great shopping experience.

Electronic Communication

When you visit the Site, or send us e-mails, you are communicating with us electronically. In doing so, you agree to receive communications from us electronically. We will communicate with you by e-mail or posting notices on this Site. You agree that all agreements, resolutions, notices, disclosures and other communications we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Our Audience

This Site is intended for use by adults only and is not intended for persons under the age of 18. Kojent Apparel does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. By accessing this Site, you certify that you (a) are at least thirteen (13) years of age and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 13 years of age, you should discontinue accessing the Site and do not use or access the Site at any time and in any manner in the future.

We Treasure Our Intellectual Property

The articles, content, organization, graphics, design, illustrations, icons, photographs, video clips, logos, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Kojent Apparel” and our logo are registered trademarks of Kojent Apparel (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, illustrations, drawings, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”).

The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Kojent Apparel for each specific use. You shall not challenge, contest or otherwise impair Kojent Apparel’s ownership of the Site and the content therein or the validity or enforceability of Kojent Apparel’s rights in the Intellectual Property. We reserve the right to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppels or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Kojent Apparel or any third party.

We Recognize Other’s Intellectual Property As Well

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kojent Apparel with the written information specified below. Please note that this procedure is exclusively for notifying Kojent Apparel that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable.
  • Your name (first and last), address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Kojent Apparel’s notice of claims of copyright infringement on its Site can be reached as follows:

Copyright Claim
Kojent Apparel Legal Department
1001 E. Sunset Road
#93564
Las Vegas, NV 89199
Ph: (702) 664-1515
Email: info@kojentapparel.com

Your Account

We appreciate our valued customers who create an account on our Site because it makes it easier for them to make future purchases and for us to service their account. However, we know people have several accounts spread everywhere and you may not want to set up an account. That’s okay, we have an option to checkout as a guest without setting up an account. However, some features may require you to create an account.

If you create an account on the Site, you understand that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet, cellular phone and/or any device with the ability to access your account. Further, you agree to accept responsibility for all activities that occur under your account or password. Kojent Apparel reserves the right to refuse service, terminate, remove or edit content, or cancel orders in their sole discretion.

Accuracy Of Information

While we use reasonable efforts to include accurate and up to date information on the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.

With regards to products on this Site, occasionally there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, specifications, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Shop or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We shall have no obligation to update, amend or clarify information in the Shop or on any related website, including without limitation, pricing information, except as required by law.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Safe And Secure Online Transactions

We strive to make Kojent Apparel as safe as possible and keep your personal identification information safe. We wouldn’t have it any other way, nor would we sell our products or services online without safe, secure and confidential credit card transactions. Our third-party Secure Sockets Layer (“SSL”) software is industry standard and among the best software available today for secure commerce transactions. It encrypts all your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. We are concerned about the safety and security of our customers. As such, we have put into practice a number of protections to ensure that your transactions with us process safe and secure and your information is secure and confidential. We will never email or call a customer to ask that they disclose or verify personal information such as credit card number, address, password or such. Such information should only be submitted when ordering products online, contacting us directly, or updating account information online. If there is an issue with your credit card transaction, we will cancel the order and notify you of the cancellation so you can input your credit card information again from your computer.

Subscribers, in order to complete the subscription process, may also need to send payment in other ways beyond online transactions, including mailing a physical check or performing a wire/bank transfer. We do not control the use of these other payment methods and are not responsible for any actions or policies of such third parties. We are not responsible for the actions, privacy, security or content of such third parties and we strongly encourage you to inquire with the third party their suggestions and policies for ensuring safe transactions.

Products Or Services

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Shop. We cannot guarantee that your computer monitor’s and/or mobile device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product pricing and services are subject to change at anytime without notice. We reserve the right to discontinue any product at any time.

Pricing and Delivery

Except where noted otherwise, the list price displayed on the Shop represents the full price for the product(s) itself excluding shipping, tax and handling charges (if applicable). Prices for any products and/or services are subject to change without notice.

Any applicable shipping, taxes and handling charges will be communicated to you before you place an order. We know shipping charges can be a pain and we thank you for shopping on Kojent Apparel virtually. We’re happy to offer FREE shipping on ALL orders in the United States. The prices displayed are in US dollars.

Despite our best efforts, a small number of the items in our catalog may be priced incorrectly. We know this is not your fault so we’ll do our best to keep things in your favor. If we discover an item is priced incorrectly, we will do one of the following: (a) if an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies to all products sold and shipped by the Shop.

Payment

Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any products on our Site, you must provide our third party processor with a current and valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) the security code on the back of the card. By submitting that information to our third-party processor, you hereby agree that you authorize them to charge your card at their convenience. Please refer to their Terms and Conditions for specific credit card policies.

You hereby represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We shall not be liable in the event someone or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent someone makes any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to our third party processor.

YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO OUR THIRD PARTY PROCESSOR IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED.

All transactions must be processed and purchased through a credit card, mailing us a physical check or by wire/bank transfer.

Returns And Refunds

This is the section you’ve probably come searching for. If you are considering a return or refund that most likely means you ordered something from us. Firstly, thank you for your order and we promise to do our very best to make your second transaction with us as easy, painless and enjoyable as possible. We have consistently gained our customers’ trust one by one and we hope to add you to our growing band of happy customers. With that said, here is information you might want to know.

  • Kojent Apparel works hard to ensure all our products are printed with high-quality materials as outlined by the specifications listed on the individual product(s). For example, if the product is to be printed on a 5.3 oz. Ring spun cotton shirt, we will print it on a 5.3 oz. ring spun cotton shirt.
  • You may cancel your order at any time prior to shipment. That said, please keep in mind we know you’re looking forward to receiving your order so we ship orders as quickly as possible.
  • We accept returns for new, un-worn products, or if the final product delivered to you is materially different than the design or product specifications listed on the individual sales page, for up to sixty (60) days after purchase for a full refund (of original purchase price) when the item is received, minus $5.00 for the return shipping label (US customers only).
  • Certain products may not be refundable or returnable. These items will be clearly noted on the Site.
  • All items purchased from the Shop are made pursuant to a shipment contract and the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Please know though we will always do our best to help you out the best we can.

Professional Programs

Promotional Codes

Promotional codes must be validated and authorized by Kojent Apparel prior to any purchase(s). Only one (1) promotional code may be used at a time and may NOT be combined. Further, there is a limit of one use per customer (name), email address, shipping address (billing and/or shipping) for select promotional codes.

All promotional codes have an expiration date. The expiration date will be stated next to the promotional code offer. If no expiration date is listed, the expiration date shall be ninety (90) days from the first publication of the promotional code on the Site.

We can not issue refunds for more than the original cost of purchase.

Wholesale Clients

All wholesale clients of Kojent Apparel shall sign a separate agreement with Kojent Apparel before services are rendered.

Reviews, Comments, Communications And Other Content

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, reviews, comments, and other content; send e-cards and other communications, submit suggestions, ideas, questions, discussions, proposals, transmissions, plans, news, messages, or other material or information, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that your Submissions will be treated as non-confidential and non-proprietary by Kojent Apparel. By submitting and/or posting Submissions to us, you automatically grant, as well as represent and warrant that you have the right to grant, to Kojent Apparel, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that Kojent Apparel has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are illegal, offensive, threatening, libelous, defamatory, invasive of privacy, pornographic, obscene, infringing of any party’s intellectual property rights, otherwise objectionable, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You represent and warrant that: (i) you own any Submissions posted by you on the Site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Submissions on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Submissions which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Submissions for legal or other purposes, though we have no obligation to do so. You grant Kojent Apparel and sublicensees the right to use the name that you submit in connection with such Submissions, if they choose.

We assume no and disclaim all responsibility or liability arising from the Submissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your account. We reserve the right to reject, refuse to post, edit or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.

You hereby acknowledge and agree that you have no expectation of privacy with regard to any Submissions you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Submissions contained on our Site. Please choose carefully the information and Submissions you post on the Site and that you provide to others.

Optional Tools

We may, at our sole discretion, provide you with access to third-party tools, of which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion. It is your sole responsibility to ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms Of Service.

Third-Party Links

Certain content, products and services available via our Site may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including, but not limited to, copyright laws). A breach or violation of any of the Terms Of Service will result in an immediate termination of your account and/or use of the Site. We reserve the right to refuse service to anyone for any reason at any time.

In addition to other prohibitions as set forth in the Terms Of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

International Users

If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.

Disclaimer

THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, KOJENT APPAREL DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KOJENT APPAREL SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOJENT APPAREL THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.

KOJENT APPAREL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

Limitation Of Liability

KOJENT APPAREL SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KOJENT APPAREL’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO KOJENT APPAREL IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

YOUR PARTICIPATION IN ANY OFFLINE KOJENT APPAREL EVENT IS AT YOUR SOLE RISK.

Indemnity

You will indemnify and hold Kojent Apparel, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline Kojent Apparel event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Clark County, Nevada, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Clark County, Nevada. Judgment upon any award rendered may be entered in any court having jurisdiction thereof.
Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.

Severability

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.

You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law and you shall remain liable for any and all amounts due up to and including the date of termination.

Entire Agreement

If, for any reason, Kojent Apparel fails to exercise or enforce any right or provision of these Terms Of Service, that shall not constitute a waiver of such right or provision.

These Terms Of Service and any policies or operating rules posted by Kojent Apparel on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

BY ACCESSING THIS SITE, IT WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT.