Acceptance of Terms of Use

These Terms of Use (“TOU”) constitute a binding agreement between you and the owners and operators of KE321 STORE (“KE321”), regarding your use of the KE321.COM website (the “Site”).  Please read this Agreement carefully.  By using the Site you agree to be bound by the TOU and by the KE321 Privacy Policy and the KE321 Rewards Policy.  If you do not agree to any provision of this Agreement, you should not use the Site.

 

The TOU may be revised from time to time without notice to you other than appearing on the Site.  The TOU will indicate when they were last revised.  It is your responsibility to regularly check the Site and to review the TOU.  Your continued use of the Site constitutes your agreement to all revisions to the TOU.

 

 

Provision and Modification of the Site

You may, in accordance with this Agreement, view the content on the Site and, to the extent permitted by KE321, download content or portions of content on the Site, to a single personal computer or other storage device.  You may not otherwise copy, distribute, or use for financial or non-financial gains the content of the Site, or create derivative works using that content.

 

You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis.  KE321 disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site or any feature or software included in the Site.   KE321 disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection or appear on the Site, and you agree that KE321 will not be liable for any such services, software, content, or advertising.

 

KE321 reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  The Site may be subject to interruptions, caused by KE321 or others.  You agree that KE321 will not be liable for any modification, suspension, interruption or discontinuance of the Site.

 

 

Privacy

As a condition of using the Site, you agree to the terms of the most recent version KE321 Privacy Policy that exists at the time of your use.  The Privacy Policy may be revised from time to time without notice to you other than appearing on the Site.  The Privacy Policy will indicate when it was last revised.  It is your responsibility to regularly check the Site and to review the Privacy Policy.  Your continued use of the Site constitutes your agreement to all revisions to the Privacy Policy.

 

 

Termination

KE321 may, in its sole discretion, terminate your access to the Site, delete any content or information that you have posted on the Site, and/or prohibit you from using the Site, at any time, with or without notice, and for any reason, including but not limited to violation of these TOU.

 

Disclaimer of Product Claims 

KE321 does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this site.  All statements and claims about the products listed on the Site have not been evaluated by the FDA.  Products are not intended to diagnose, treat, cure or prevent any disease.  It is advised to speak with your physician or health care provider before using dietary supplements or alternative health therapies.

 

 

Conditions on Use of the Site

KE321 grants you permission to access and use the Site as set forth in these TOU in the form of a temporary license, and in exchange you represent, warrant and agree as follows:

 

  1. You will access and use the Site solely for legal purposes;
  2. You will comply with all applicable laws and regulations in using the Site and any content that appears on the Site;
  3. You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Site, or in any manner inconsistent with these TOU;
  4. You will not employ any automated system or tool to use the Site or obtain content or information from the Site;
  5. You will not defeat or interfere with any security feature of the Site, or attempt to do so;
  6. You will not alter or modify any content or component of the Site;
  7. You will not remove any copyright, trademark or other proprietary notations from the materials; and
  8. You will not reproduce, duplicate, mirror onto another server, copy, sell, trade, resell or exploit, for any commercial or non-commercial purpose, any content or component of the Site, or any use of or any access to the Site, without the prior written permission of KE321.

 

The temporary license granted to you shall be automatically terminated by KE321 without prior notice to you if you violate any of the conditions on use of Site.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

 

Copyright

KE321 respects the intellectual property rights of others.  We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others.  When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material.  We also terminate the accounts of repeat infringers.

If you are a copyright owner or an agent thereof and you believe that any content on the Site infringes your copyrights, you may submit a notice to KE321 via the Contact page.

 

 

Names and Trademarks

KE321, KE321.COM, KE321 STORE, and other KE321 logos and product or service names are trademarks of KE321.  All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

 

 

Sponsors, Advertisers and Third Parties

The Site may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by KE321.  Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by KE321.  KE321 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties.  By access or using the Site, you agree to release KE321 and the Site from any and all liability arising from your use of any third-party website, content, service, or software accessed on or through the Site.

 

Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Site, are solely between you and such third parties.  You agree that KE321 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Site.

 

 

Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors.  KE321 does not warrant that all the materials on the Site are accurate, complete, or current.  KE321 may make changes to the materials contained on the Site at any time without notice.  KE321 does not, however, make any commitment to update the materials.

 

 

International Orders

Additional shipping charges are subject to the delivery address and the packaging size and weight for shipments to countries outside of USA.  KE321 will contact you and inform you of additional shipping charges. A confirmation of these additional charges from you will be required before we complete your order.

 

You are responsible for any import duties, restrictions, tariffs, custom clearance fees, or additional taxes related to the country of the delivery address.  It is your responsibility to check with the local custom authorities for restrictions or any additional charges and fees.

 

 

Please contact us for further information.

 

Currency

All currencies are in US dollars.

 

 

Payment

KE321 accepts PayPal, VISA, Master Card, American Express and Discovery for payment.  Please provide the Site with the billing address, telephone number as well as the name of the card holder to ensure a smooth transaction.

 

The KE321 payment processing centre is in Canada. Customers may be subject to foreign currency fees depending on the card they are using.

 

 

Shipments and Returns

Packages are generally dispatched within 5 days after receipt of payment and are shipped via USPS (United States Postal Service) with tracking information and signature.  If you choose express or next day shipping options, additional charges will apply. Please contact KE321 before choosing this method.

 

Unopened products may be returned for any reason within 7 days of the delivery date for a store credit or refund.  Please contact us and provide us with your invoice number and reason for return to receive your Return Authorization Number. KE321 must issue you a Return Authorization Number before returned products are accepted.  All returns are subject to a 15% restocking fee and shipping charges are non-refundable.  You are responsible for the postage on returned items unless they are defective or incorrect.

 

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KE321 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN PARTICULAR, AND WITHOUT LIMITATION, KE321 MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SITE WILL BE CORRECTED; OR (6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, oral or written, obtained by you from KE321, shall create any warranty not expressly stated in these TOU.

 

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KE321 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KE321 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.

IN PARTICULAR, AND WITHOUT LIMITATION, KE321 WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE PROVIDED IN THESE TOU.

UNDER NO CIRCUMSTANCES WILL KE321’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO KE321 OR $100.

 

 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.

THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND KE321.  THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF CONTENT TO YOU BY KE321, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

 

 

Indemnification

You agree to hold harmless and indemnify KE321, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.  KE321 will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of KE321 to provide such notice will not relieve you of these obligations.

 

 

Severability

If any provision of these TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOU will remain in force.

 

 

Non-Waiver

The failure of KE321 to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

 

 

Choice of Law

The agreement created by these TOU, and any dispute arising from or relating to these TOU or the provision or use of the Site, will be governed by the laws of the United States and the State of California, without giving effect to conflict of laws provisions.

 

 

Choice of Venue

Any claim, counterclaim, cause of action, lawsuit, or proceeding brought by either of the parties against the other arising out of or related to these TOU or the provision or use of the Site will be submitted to the state or federal courts sitting in Los Angeles, California, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.

 

 

Limitation of Legal Actions

You agree that regardless of any law or regulation to the contrary, any claim, counterclaim, cause of action, lawsuit, or proceeding arising out of or related to these TOU or the provision or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

Entire Agreement

These TOU, together with the KE321 Privacy Policy, constitute the entire agreement between you and KE321 and governs your use of the Site.  You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, such as affiliate services, third-party content or third-party software.  In order to determine what those obligations may be, you understand and agree that it is your responsibility to review any and all terms and conditions of usage and privacy policies with respect to such service, content, or software.

 

 

Contacting KE321

If you have any questions or concerns about the TOU or the Site, please write to the email address listed in the Contact page of the Site.

 

 

These TOU were last revised on the 18th of January, 2016.

 

 

I HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND I AGREE TO BE BOUND BY THEM.