Welcome to Kojent Apparel!
These Terms of Service and all other documents or policies referenced here (collectively, the “Terms Of Service”) set forth the legal agreement (“Agreement”) between each end user (“User” or “you” or “your”) on behalf of yourself, your company or your organization, and Kojent Apparel (“Kojent Apparel”) with respect to access to and use Kojent Apparel’s Sites and Services and website, located at kojentapparel.com (the “Site”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE. BY ACCESSING THIS WEBSITE 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, SUBSCRIPTION OR SERVICES. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
What We Do
Kojent Apparel provides an interactive, online platform that provides sellers the ability to design, create and sell custom apparel, merchandise and promotional products both in a timed campaign and ongoing format, and provides buyers the ability to find and purchase high-quality, unique merchandise (collectively, “Kojent Apparel Services”).
You hereby warrant and represent that any and all information you provide to us as part of your registration is true, accurate and complete, and you agree to maintain and immediately update such information to keep it true, accurate, current and complete.
If, for any reason, we believe or suspect any information you submitted to us is false, inaccurate or incomplete, we may, at our sole discretion, deny or terminate your access to the Site or any and all Kojent Apparel Services.
Account Information, Password And Security
Users use Kojent Apparel Services at their own risk and 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. You shall be fully responsible for any and all activities that occur under your account. You should immediately notify Kojent Apparel of any unauthorized access and/or use of your password or account or any other breach of security.
You agree not to register a user account for someone else or on behalf of any group or entity unless you are authorized to do so. Transferring user accounts is strictly prohibited.
Users must be eighteen (18) years of age or older to use and/or access the Site and Kojent Apparel Services.
Users who are between the ages of thirteen (13) years of age and seventeen (17) years of age may use and/or access the Site and Kojent Apparel Services only with the consent and approval of your parent or legal guardian who is at least eighteen (18) years of age.
If you are under thirteen (13) years of age, you may not use any Kojent Apparel Services.
Social Media Networking Connections
You may access and enable some of Kojent Apparel Services through third-party social networking sites, which access may provide convenience and enhance your experience with Kojent Apparel Services (“Social Media Networking Connections”). To use our Social Media Networking Connections we may ask you to register, authenticate and log into those third-party social media sites.
You understand and agree that Kojent Apparel has absolutely no control over the way third party social media websites use, store and disclose your information. It is your sole responsibility to read, understand and agree to the third party social media website’s privacy-related policies. You acknowledge and agree that Kojent Apparel does not have any liability or responsibility for the acts or omissions of any and all third party social media websites. You understand and agree that any and all third party social media websites allowed to access our Social Media Networking Connections in no way implies an endorsement or recommendation of any kind whatsoever.
Contests, Giveaways And Promotions
Any contests, giveaways, sweepstakes, games, surveys or similar promotions (collectively, “Promotions”) made available through Kojent Apparel may be governed by specific rules that are in addition to these Terms Of Service. By participating in any and all Promotions, you will become subject to those rules. To the extent the rules of the Promotions conflict with these Terms Of Service, the terms and conditions of the Promotions will control.
Your participation in any offline Kojent Apparel event is at your sole risk.
In connection with your use of Kojent Apparel Services, you will comply with any and all applicable local, state and federal laws, regulations and industry standards.
As a part of the Kojent Apparel Services, we allow sellers to create, design and sell custom apparel and promotional items (“Merchandise”), set up the selling price of your Merchandise, choose a starting and closing date and write a short summary (100 words maximum) of the purpose of selling Merchandise (collectively, “Campaign”).
After your Campaign is live, you can start to promote your Merchandise through your family, friends, within your community and social circles, including social media pages and accounts. Once your pre-determined completion date for your Campaign has expired, your Merchandise will no longer be available for purchase. Kojent Apparel will then fulfill the Merchandise by ordering the products, printing them, and shipping the Merchandise to the buyer in accordance to their shipping information provided to Kojent Apparel. Kojent Apparel will then calculate the funds raised and deduct any and all costs, including, but not limited to, the cost of the Merchandise, printing, credit card fees, shipping, taxes, service fees and miscellaneous fees and deliver the remaining funds to the seller.
To the extent any user’s Campaign violates any of these Terms Of Service, we may choose, at our sole discretion, to terminate, delay or modify your product(s), Campaign(s) and Kojent Apparel Services.
As a part of the Kojent Apparel Services, we allow sellers to create, design and sell Merchandise on an e-commerce platform (collectively, “Stores”).
After your Store is live, you can start to promote your Store Merchandise to your family, friends, within your community and social circles, including social media pages and accounts. Kojent Store Merchandise does not have a pre-determined start and completion date. Merchandise on Stores shall be available to buyers on an on-going basis.
Upon an order completion, Kojent Apparel will then fulfill the Merchandise by ordering the products, printing them, and shipping the Merchandise to the buyer in accordance to their shipping information provided to Kojent Apparel. Kojent Apparel will then calculate the funds raised and deduct any all costs, including, but not limited to, the cost of the Merchandise, printing, credit card fees, shipping, taxes, service fees and miscellaneous fees and deliver the remaining funds to the seller.
To the extent any user’s Stores violates any of these Terms Of Service, we may choose, at our sole discretion, to terminate, delay or modify your product(s), Store(s) and Kojent Apparel Services.
Creating Kojent Apparel Services
By creating, designing, uploading and using Kojent Apparel Services, you represent and warrant that:
(i) you own or are the licensee of any and all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the Kojent Apparel Services, including any right relating to the name, description, images, text, fonts, or URL(s) used for the Kojent Apparel Services. You shall provide Kojent Apparel with written evidence of your rights to use any and all elements of your design upon request from Kojent Apparel.
(ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights.
Kojent Apparel does not claim any ownership rights in the content you upload to the Kojent Apparel Service. It is your sole responsibility to maintain and store copies of your work and designs. Kojent Apparel has no responsibility or liability whatsoever for the deletion or failure to store any designs, images or content uploaded to the Kojent Apparel Service.
Kojent Apparel may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information.
Unless specifically specified in a separate written agreement, Kojent Apparel retains all ownership rights in any and all concepts and designs created by Kojent Apparel and may not be used by you without Kojent Apparel’s express written consent.
Do not post personally identifiable information in areas other than within your account. Kojent Apparel reserve the right, in our sole discretion, to reject, refuse to post or remove any Merchandise, designs, products, Content, 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.
Instructions And Guidelines Regarding Kojent Apparel Services
You will comply with any and all instructions or guidelines provided to you by Kojent Apparel with regards to your use of Kojent Apparel Services. Kojent Apparel reserves the exclusive right, in its sole discretion, to change or alter its instructions and general guidelines at any time with or without notice.
Users are not permitted to create Kojent Apparel Services or user accounts to collect money for illegal activities, to cause harm to people or property or to scam or mislead others.
As a condition of your use of Kojent Apparel Services, you agree not to:
• Upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
• Submit any Content 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.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
• Transmit any worms or viruses or any code of a destructive nature.
• Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site and Kojent Apparel Services or any part thereof.
• Violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
• Use the Kojent Apparel Service for any illegal or unauthorized purpose.
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology (or any similar or equivalent automatic or manual process) to access, acquire, copy, or monitor any portion of the Kojent Apparel Service or any User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Kojent Apparel Service or any User Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Kojent Apparel Service. We reserve the right to bar any such activity.
• Use any automated, “black hat” techniques or practices, algorithms, or methodology to generate links and/or traffic to the Site or Kojent Apparel Services.
• Have any products, posts or content, including, but not limited to, text, descriptions and images that is not specifically related to this Site, Kojent Apparel Services or your Merchandise.
• Post anything contrary to our company’s core values, public image or reputation.
This list is not complete or exclusive and Kojent Apparel reserves the right, in its sole discretion, to terminate your access to the Site and any and all Kojent Apparel Services and refuse, delete or remove any products, posts, content or Merchandise; with or without cause and with or without notice, for any and all reasons, or for any action that Kojent Apparel, in its sole discretion, determines is inappropriate, harmful or disruptive to the Site, other users or Kojent Apparel Services.
You hereby acknowledge and agree to indemnify and hold Kojent Apparel and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or any claim or demand from a third-party that your use of this Site or the use of this Site by any person accessing or using your user name and/or password (including without limitation, your participation in the posting areas of your user profile, content, products and Merchandise) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
Quality Of Artwork And Descriptions
Kojent Apparel wishes to provide its buyers with the highest quality products possible. You understand and agree that each Merchandise product for sale on Kojent Apparel Services must meet reasonable production standards, including, but not limited to, the quality and resolution of your artwork.
Payments, Fees And Proceeds From Kojent Apparel Services
For all Merchandise on Kojent Apparel Services, you will be given a base price for each individual product based on several factors, including, but not limited to, the specific fabric makeup of the product, quantities sold (or anticipated quantities sold), the amount of colors in your design, the size of the artwork, garment sizes and availability. You hereby acknowledge and agree this base price given to you shall be an estimate only and not, in any way, be considered a final price. You will have the opportunity to set the sale price for each Merchandise product.
Proceeds from Kojent Apparel Services shall be your selling price minus the base price, less any returns and any and all applicable fees and taxes. Fees include, but is not limited to, credit card processing fees, third-party processing fees and any fees charged by Kojent Apparel. We are not responsible for the performance of any third party credit card processing or third party payment services.
You acknowledge and agree that you are solely responsible for determining, calculating, reporting and paying any and all taxes applicable to the amounts you earn through the sales of Merchandise on the Kojent Apparel Service. Prior to receiving your payout, you may be required to provide additional information to Kojent Apparel as needed by Kojent Apparel to comply with its reporting obligations.
You may request payment for proceeds from your Kojent Apparel Service by contacting us.
Intellectual Property And Copyright Infringement Complaints
Kojent Apparel takes any allegation of intellectual and copyright infringement seriously. If Kojent Apparel receives any complaint or allegation that your Merchandise or use of Kojent Apparel Services constitutes an unauthorized use of a third party’s rights, you hereby understand and agree that Kojent Apparel may, in its sole discretion, terminate, delay or not publish your Merchandise. Furthermore, you hereby acknowledge and agree Kojent Apparel may release your contact information to any third party that satisfactorily alleges a violation of its rights.
If you believe that a Kojent Apparel user has violated a copyright, trademark right, or any other intellectual property right you claim in your work, please notify Kojent Apparel at email@example.com.
In order for us to respond to your notice, you must include with your notification the following information:
(i) Your physical or electronic signature and that you are the owner or authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
(ii) Identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed, including proof of ownership, such as copies of subsisting trademark or copyright registrations;
(iii) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material, including, but not limited to, the specific URL on the Site where the alleged infringement is located;
(iv) Your current and accurate contact information, including your full name, postal address, telephone number(s) and email address(es);
(v) A statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or local, state or federal law; and
(vi) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You acknowledge that if you fail to provide all of the requirements listed above, your Copyright Infringement notice may not be reviewed.
Please provide written notice with all the requirement listed above to:
Attn: Copyright Infringement
PO Box 93564
Las Vegas, NV 89193
If a user believes their products, posts or Merchandise is not infringing, or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use in your products, posts or Merchandise, you may contact us at firstname.lastname@example.org. Kojent Apparel reserves the right, at our sole discretion, to repost or not repost Merchandise.
Purchasing From Kojent Apparel – Safe and Secure Online Transactions
We strive to make Kojent Apparel as safe as possible. 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 of 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.
Buyers of Merchandise on the Site 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.
Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any products or Merchandise on our Site, you must provide our third party processor with a 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) your billing and shipping address associated with your credit card. By submitting that information to our third party processor, you hereby agree that you authorize them to charge your card. Please refer to their Terms and Conditions for specific credit card policies. All charges from sales, fees and subscriptions are nonrefundable. 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, CURRENT, ACCURATE, AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
All transactions must be processed and purchased through a credit card and/or by mailing us a physical check or by wire/bank transfer.
Printing And Shipment Of Merchandise
Kojent Apparel Services includes Merchandise that are sold in: (i) a timed campaign with a start and end date and (ii) our online store.
It is important to know which Merchandise you purchased and which Kojent Apparel Service it is associated with so you can have an estimated delivery date of when you should receive your product(s).
Products and Merchandise sold in a timed campaign shall be printed and shipped after the expiration of the campaign. The typical time frame for items to be printed and shipped after the campaign has ended is 7-10 business days. This time frame does not include shipping. Shipping times will vary depending on what shipping method you chose during checkout. Timed campaigns will disclose and display the ending date of the campaign on the specific product page.
Products and Merchandise sold on our online store shall be printed and shipped after your order has been completed. The typical time frame for items to be printed and shipped after purchase on our online store is 7-10 business days. This time frame does not include shipping. Shipping times will vary depending on what shipping method you chose during checkout.
Returns And Refunds
Kojent Apparel works hard to ensure all our products are printed to with high-quality materials as outlined by the specifications listed on the individual product(s) you purchased. 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. Kojent Apparel accepts returns and will issue a refund within thirty (30) days after the product has been shipped to you if the final product delivered product is materially different than the design or product specification listed on the individual product sales page.
Our fees, charges, shipping costs are not refundable. If you are, in any way, unsatisfied with your product, please contact us.
Pricing And Pricing Errors
Except where noted otherwise, the list price displayed for products on the Site represents the full price for the products itself excluding shipping and tax.
With respect to products sold by the Store, we cannot confirm the shipping charges for any item until you order. Despite our best efforts, a small number of the items in our catalog may be priced incorrectly. If we discover that 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 Merchandise and products sold and shipped by Kojent Apparel. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We reserve the right to limit quantities of any product/s that may be purchased from the Store in our sole discretion and to decline to ship any product/s to any person outside the continental United States.
Kojent Apparel offers custom printed apparel products and services to businesses, organizations and individuals (“Business Clients”).
All Business Clients shall go through a separate process and sign a separate agreement with Kojent Apparel before services are rendered.
Kojent Apparel Intellectual Property
The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Kojent” and our logos and other marks are either trademarks or 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, 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. 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 in our sole discretion 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.
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, which permission may be withheld in our sole and absolute 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.
Our Rights To Your Content
Any communication or material you transmit or post will be treated as non-confidential and non-proprietary by Kojent Apparel. You are solely responsible for any Merchandise, products, content, reviews, discussions, postings, transmissions, news, messages or comments (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site or any material or information that you transmit to other users of the Site. By posting Content on any public area of the Site, 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. You understand and agree that Kojent Apparel may review and delete any Content that in the sole judgment of Kojent Apparel violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Kojent Apparel or any user of the Site.
You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content 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 Content contained on our Site. Please choose carefully the information and Content you post on the Site and that you provide to others.
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.
Users hereby acknowledge and agree that users shall act as an independent contractor in the performance of its duties under these Terms Of Service and nothing herein shall be construed as creating an employer-employee, partnership, joint venture or agency relationship. Users shall prominently identify itself in all business correspondence and in all marketing material as an Independent Contractor and shall not hold itself out as an employee, partner or joint venture of Kojent Apparel.
Users shall indemnify and hold Kojent Apparel harmless for any and all penalties, assessments, fines, fees or any other costs of any kind, incurred by the user for statements made by user in violation of this section.
These Terms Of Service shall become effective and binding when you use or access the Site, when you voluntarily provide any information about yourself to us, or when you implement and start using any Kojent Apparel Services.
You hereby acknowledge that Kojent Apparel, in our sole discretion, reserve the right to terminate these Terms Of Service and your access to the Site and Kojent Apparel Services at any time with, or without, notice and/or to reject, cancel, interrupt, remove, suspend, or discard any and all Merchandise, products, Content or Kojent Apparel Service at any time for any reason. Further, you agree that Kojent Apparel will not be liable to you or any third party for any termination of your access to the Site or Kojent Apparel Services.
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.
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, Merchandise, or products posted on the Site by you and/or any third party.
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 a court of competent jurisdiction 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 user 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.
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.
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, CREATE AN ACCOUNT, AND/OR ACCESS OR USE KOJENT APPAREL SERVICES.
LAST MODIFIED: January 19, 2016