By using this website, you agree to the terms of this Policy. If you do not agree to these terms, you are prohibited from using this website. You acknowledge that the Policy is subject to modification and that your continued use of the site constitutes agreement with the then-current terms of the Policy.
Please note that we cannot be responsible for the actions of third parties who may attempt to capture your information when you transmit it to us. While we provide for secure, encrypted transactions, your internet connection could be compromised before we receive the data. You can help us keep your information safe by taking precautions such as changing your password periodically and logging out of our website when you leave your computer unattended.
We take numerous steps to safeguard your personal information, but we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Policy. You hereby release us from any and all claims related to the use of intercepted information or information which is obtained in an unauthorized manner.
If you link from our website to an outside website, we are not responsible for the contents of those websites and have no control over what information they may or may not collect from you.
We will not sell or rent your information to other marketers. This information would only be disclosed to a third party (other than as described herein) if that party purchased all of the assets of KMDA.
We may disclose your personal information when required to do so by a government agency or a court of law, or when relevant to bringing or defending a legal claim. We may also disclose the information to prevent fraud or enforce the terms of this agreement.
Our websites use a variety of technologies to gather information. Along with most other e-commerce websites, we use “cookies” to remember you when you visit the website. Cookies are small pieces of text or data files, stored by your web browser or computer, that contain settings, shopping cart data, user settings, and other information that aids in your shopping and viewing experience on our website. Although most browsers allow you to reject cookies, our shopping cart will not function properly without cookies being activated.
We may also use other technologies to better understand the website’s traffic patterns. This information may include a user’s Internet Protocol (IP) address, referring/exit pages, operating system, clickstream data, date and time stamp, and browser type. Most of this information is not linked to any individual user.
You agree that any damages resulting from any breach of this Policy shall be limited to the total value of all goods you have purchased via this website in the preceding 12 months.
You agree that by using this website you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge KMDA intellectual property rights in the same and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of KMDA.
KMDA has created, commissioned or licensed all aspects of this website and possesses copyright, trademark and/or other intellectual property rights on the website and its contents. You are given a limited license to use the website in accordance with this Policy. Any unauthorized use is strictly prohibited. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
If you believe that this website infringes on your intellectual property in any way, please notify us immediately.
You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You agree not to take any actions that would interfere with the website’s operations or the operations of its affiliated networks.
You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website. We do not knowingly collect any personal information from visitors under the age of 13. If you are a parent and you discover that your child under the age of 13 provided personal information to us, please let us know and we will delete that information from our files.
You may not use the website to break any law. If your actions using the website cause harm to KMDA or any third party, you hereby agree to indemnify KMDA, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
You agree to keep confidential your password for accessing the website and agree to notify KMDA if your account has been compromised. Notwithstanding this obligation, you remain liable for any purchases made using your account. Your account remains your responsibility in the maintenance of its security and purchases.
If KMDA believes you have violated this Policy, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the website. KMDA may also disclose your personal information if necessary to prevent injury to or interference with the website based on your actions or the actions of a third party. These disclosures will be the result of criminal or civil actions and will be initiated by proper authorities.
You agree that KMDA has no obligation to allow you to use the website and that your access may be denied at any time for any reason. We hold all rights to decide who can and can’t be our customer for any reason.
This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States. Shipping is not available outside of the US and KMDA will not recognize or honor foreign currencies.
This Policy constitutes the entire agreement between you and KMDA regarding your use of this website (except for any terms and conditions related to the purchase of products through the website) and supersedes any and all other prior written or oral agreements or understandings between you and KMDA. KMDA’s failure to insist on strict compliance with any of terms of this Policy is not a waiver of such terms and you agree that such failure shall not inhibit KMDA’s right to enforce such terms in the future based on laches, estoppel, or any other legal doctrine. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Placing an item in your shopping cart does not lock in the price on that item. While KMDA strives to maintain the website such that your shopping cart is preserved for future visits, KMDA cannot offer a guarantee in this regard. Only a purchase resulting in a completed financial transaction will lock in any pricing.
You are under no obligation to use this website or to create a Profile. However, if you voluntarily choose to do so, you agree to be responsible for any purchases made through your account and to be liable for any harm caused by anyone logging in under your profile.
If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. KMDA has the right, but not the obligation, to review and/or remove any user posted material. And the right to use user posted reviews and photos as a part of our marketing outreach.
Any ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of KMDA with no compensation of any kind due to you for any use by KMDA including, without limitation, the reposting or display of such commentary. By submitting information to KMDA and/or its affiliates, you acknowledge that KMDA may use that information for commercial and non-commercial purposes, and you represent and warrant that you have the ability to lawfully grant KMDA all rights in your submission.
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify KMDA and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on KMDA’s use of the content or idea.
If you create a Profile or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate. We do not check accuracy of submitted information and so the burden falls upon you to submit accurate and truthful information.
Your use of this website is at your own risk. KMDA offers no representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to product descriptions or pricing) or representations to the percentage or length of time the website will be available for public access. KMDA has no duty to update or maintain this website. We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
KMDA DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED FREE OF MANUFACTURING DEFECT OR REPLACEMENTS WILL BE SUBMITTED IN A TIMELY MANNER WITH COSTS OF REPLACEMENT BEING THE RESPONSIBILITY OF KARNZY.
UNDER NO CIRCUMSTANCES WILL KARNZY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS, OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
ANY PROVISION IN THIS AGREEMENT THAT IS NOT IN COMPLIANCE WITH THE LAWS APPLIED TO A PARTICULAR MATTER SHALL BE DEEMED STRICKEN AND THE REMAINDER OF THE DOCUMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
In the event that you violate this Policy, you agree that KMDA will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If KMDA does take legal action against you, you agree to pay all attorney's fees and costs of such action.
This Policy and any disputes related thereto shall be governed by the laws of the State of Minnesota and you consent to the state and federal courts of Minnesota as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Minnesota’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Minnesota and waive any objections related to jurisdiction, venue, and forum.
If any of aspect of this Policy is deemed invalid, void, or for any reason unenforceable under applicable law, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.