Terms and Conditions
TERMS AND CONDITIONS
Last updated: August 17, 2026
Please read these terms and conditions carefully before using our Service.
INTERPRETATION AND DEFINITIONS
Interpretation. The words of which the initial letter is
capitalized have meanings defined below. The following definitions shall
have the same meaning regardless of whether they appear in singular or
in plural.
Definitions. For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Khalifa Manufacturing Company, LLC, and its Affiliates.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to the United States of America. For users accessing the Service from outside the United States, additional terms may apply as set forth herein.
Device means any device that can access the Service, including, but not limited to, a computer, a cellphone, or digital tablet.
Digital Product means any electronically delivered content, software, or digital goods offered through the Service.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service or any Goods.
Goods refer to the items offered for sale or promoted on the Service.
Orders mean a request by You to purchase Goods from Us, Our Affiliates or Our partners, as applicable.
Privacy Policy refers to the Company's Privacy Policy, as may be updated at any time in the Company's sole discretion, the current version of which is available here: https://shopkkapparel.com/pages/privacy-policy
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to any access of, links, or content provided on, the Website and the Website itself.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement, along with any policies incorporated by reference in these Terms, including the Privacy Policy, between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to shopkkapparel.com and any pages, subpages, and any content provided via shopkkapparel.com.
You (or "Your") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGEMENTS
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service, including You.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are at least 21 years of age, or the age of majority in your jurisdiction, whichever is greater. Certain products or services may require you to be at least 21 years of age. The Company does not permit those under 21 (or the applicable age of majority) to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Any reference on the Website to "Khalifa Kush" in connection with intellectual property rights is in reference to the rights and ownership thereof of the Company.
PLACING ORDERS FOR GOODS
1. By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
2. Your Information.
A. If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. The Company will process your personal information in accordance with applicable data protection laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA), and other state privacy laws. You have specific rights regarding your personal data as described in our Privacy Policy.
B. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
C. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
3. Order Cancellation. We reserve the right to refuse or cancel Your Order at any time for any reason, including, but not limited to:
A. Goods availability.
B. Errors in the description or prices for Goods
C. Errors in Your Order
D. If fraud or an unauthorized or illegal transaction is suspected for any reason.
Notice of Cancellation. If We cancel Your Order under this Section 3, We will provide notice to You via email within 48 hours of cancellation and process any refund within 5-10 business days.
4. Your Order Cancellation Rights.
A. Any Goods you purchase can only be returned in accordance with these Terms and Conditions.
B. Your right to cancel an Order only applies to Goods that have not yet been shipped to You.
C. Your right to return an Order only applies to Goods that are returned in the same condition as You received them within thirty (30) days from the date of shipment. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
D. We will reimburse You no later than 10 business days from the day on which We receive and process the returned Goods, and determine, in Our sole discretion, that such Goods are have remained in satisfactory condition. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
E. You will not have any right to cancel or return an Order for the supply of any of the following Goods:
i. The supply of Goods made to Your specifications or clearly personalized.
ii. The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
iii. The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
iv. The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
v. The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
vi. Goods purchased from a third-party other than Us directly, regardless of whether the Service was used to identify such Goods or otherwise (though you may be able to cancel with such third-party directly).
vii. Digital Products after You have accessed, downloaded, or used the Digital Product, unless otherwise required by applicable law.
5. Availability, Errors and Inaccuracies.
A. We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
B. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6. Prices Policy.
A. The Company reserves the right to revise its prices at any time prior to accepting an Order.
B. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery, including, but not limited to, events caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, inaccurate pricing being listed on the Website, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
7. Payments.
A. All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available.
B. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer, and may be subject to additional processing fees by Us or by third-parties. You agree to any such processing fees, as assessed in the Order confirmation process. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
C. Payment Processing. Third-party payment processors may be used to process transactions. By providing payment information, you authorize the Company and its payment processors to charge the applicable amount. You acknowledge that payment processing fees may apply. For subscription services, you authorize recurring charges as described in the Subscription terms.
D. Price Accuracy and Correction. In the event of a pricing error on the Website, We reserve the right to cancel the affected Order and provide You with the option to purchase at the correct price. We will notify You of any such error before charging Your payment method.
SUBSCRIPTIONS
8. Subscription Period.
A. The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. You will receive clear notice of the Subscription terms, renewal dates, and charges before each billing cycle. You may cancel at any time as described in Section 9 below.
B. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it in accordance with the Terms or the Company cancels it.
9. Subscription Cancellation.
A. You may cancel Your Subscription renewal at any time through Your Account settings page, by contacting customer service via the methods provided on the Website, or by following the cancellation link in any Subscription-related email. Cancellation will be effective immediately upon processing, and You will receive confirmation via email. You will retain access to paid Subscription features through the end of the then-current billing period. We will not charge You for subsequent billing periods after cancellation. Cancellation must be at least as easy as the original subscription sign-up process.
B. You will not receive a refund for the fees You already paid for Your current Subscription period.
C. Pre-Renewal Notices. For automatically renewing Subscriptions, We will send You a reminder notice between 7 and 30 days before each renewal date, clearly disclosing the renewal date, the amount to be charged, and instructions for cancellation.
10. Billing.
A. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
B. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. In such event, the Company reserves the right to suspend any Services previously available to You until such payment has been made. You have the right to dispute any charges You believe are incorrect by contacting Us within 60 days of the charge. We will investigate and respond within 30 days.
11. Fee Changes.
A. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
B. The Company will provide You with at least 30 days' prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
C. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
12. Refunds.
A. Except when required by law, paid Subscription fees are non-refundable.
B. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis in accordance with applicable consumer protection laws. Certain refund rights may be non-waivable under state or federal law.
PROMOTIONS
13. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
14. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
USER ACCOUNTS
15. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
16. You are responsible for safeguarding the password that You use to access the Service, as applicable, and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
17. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
18. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are solely responsible for any infringing use of the intellectual property of another party, and will immediately notify of the Company of any such improper use. You may request deletion of Your account and associated personal data at any time by contacting Us. We will process such requests in accordance with applicable data privacy laws, including state-level data deletion rights.
CONTENT
19. Your Right to Post Content.
A. Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
B. By posting Content to the Service, You grant Us a non-exclusive, perpetual (or for the maximum duration permitted by law), irrevocable (except as required by law), royalty free, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Subject to the right and license provided to Us, You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You will never receive and hereby waive any rights whatsoever to any compensation to Content You provide or post to the Service, regardless of how it may ever be used by Us.
C. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
D. User-Generated Content Moderation. We may use automated tools, including artificial intelligence, to moderate user-generated Content. Automated decisions may be reviewed by human moderators. You may appeal any Content removal decision by contacting Us at info@khalifakush.com.
20. Content Restrictions.
A. The Company is not responsible for the Content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
B. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
i. Unlawful or promoting unlawful activity; references to lawful cannabis-related activities in jurisdictions where such activities are legal are permitted, provided such content complies with applicable advertising and age-verification requirements.
ii. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
iii. Spam, machine-generated, or randomly–generated communications, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
iv. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
v. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
vi. Impersonating any person or entity including the Company and its Affiliates, employees or representatives.
vii. Violating the privacy of any third person.
viii. False or misleading information and features.
C. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, and to refuse or remove any such Content, as We deem appropriate, in our sole discretion. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
D. Sanctions for Prohibited Content. Violation of the Content Restrictions in Section 20 may result in: (i) immediate removal of the Content; (ii) suspension or termination of Your Account; (iii) reporting to law enforcement authorities where required by law; and (iv) preservation of Content and account information as evidence. We reserve the right to cooperate with law enforcement investigations and to disclose user information as required by law or court order.
21. Content Backups.
A. Although regular backups of Content may be performed, the Company expressly does not guarantee there will be no loss or corruption of data, and has no obligation to backup any Content. You acknowledge and agree that any Content may be removed and permanently deleted from the Service without any notice to you, and that the Company has no obligation to provide access to any Content that may have previously been available via the Service. Further, in the event the Company does attempt to backup any Content, corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
B. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
C. You agree to maintain a complete and accurate copy of any Content provide by You in a location independent of the Service.
COPYRIGHT POLICY
22. Intellectual Property Infringement.
A. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
B. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@khalifakush.com and include in Your notice a detailed description of the alleged infringement.
C. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
23. DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
A. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
ii. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
iii. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
iv. Your address, telephone number, and email address.
v. 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.
vi. 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.
B. You can contact Our copyright agent via email at info@khalifakush.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
C. Counter-Notification. If You believe Content You posted was removed in error, You may submit a counter-notification containing: (i) Your physical or electronic signature; (ii) identification of the removed Content and its prior location; (iii) a statement under penalty of perjury that the Content was removed by mistake or misidentification; (iv) Your name, address, telephone number, and email; (v) a statement consenting to jurisdiction of the federal district court for Your judicial district (or the Northern District of California if outside the U.S.); and (vi) a statement that You will accept service of process from the complainant. Upon receipt of a valid counter-notification, We may restore the Content within 10-14 business days unless the original complainant files a court action.
INTELLECTUAL PROPERTY
24. The Service and its Content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
25. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
26. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
A. Accessibility of Website Content. We strive to ensure the Service is accessible to individuals with disabilities in accordance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and applicable law.
YOUR FEEDBACK TO US
27. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. Notwithstanding the foregoing, this assignment does not affect any rights You may have under applicable data privacy laws with respect to personal information included in Your Feedback.
LINKS TO OTHER WEBSITES
28. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
29. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
30. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. We are not responsible for third-party websites' data collection practices. Third-party sites may be subject to different privacy policies and terms of use. We encourage You to review such policies before providing any personal information to third parties.
TERMINATION
31. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
32. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or terminate your account with Us. Upon termination, You retain the right to request export or deletion of Your personal data in accordance with applicable data privacy laws. We will comply with such requests as required by law.
LIMITATION OF LIABILITY
33. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR $100.00 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.
34. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
35. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
A. The liability limitations in this Section do not apply to the extent prohibited by applicable law, including state consumer protection laws that prohibit waivers of certain consumer rights, or to claims arising from Our gross negligence, willful misconduct, fraud, or violation of applicable data privacy laws.
B. For consumers in New Jersey: Under New Jersey law, punitive damages and attorneys' fees may be available for certain violations of the New Jersey Consumer Fraud Act, notwithstanding other limitations in these Terms.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
36. THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
37. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
38. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
39. Certain states, including California, New Jersey, and others, provide statutory warranties that cannot be disclaimed for consumer transactions. To the extent any implied warranties cannot be excluded under applicable law, such warranties are limited to the shortest duration permitted by law.
GOVERNING LAW
39. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, except that the Federal Arbitration Act shall govern any arbitration provisions. For international users, mandatory consumer protection laws of Your jurisdiction may also apply and cannot be excluded by choice of law.
DISPUTES RESOLUTION
40. Informal Dispute Resolution. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at info@khalifakush.com. Please provide a detailed description of the dispute and Your contact information. We will attempt to resolve the dispute informally within 60 days of receiving Your notice.
41. Binding Arbitration.
A. Agreement to Arbitrate. Except as set forth below, You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
B. Exceptions to Arbitration. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court if the claim qualifies; (ii) seek injunctive or equitable relief in court for intellectual property infringement; or (iii) opt out of arbitration as described below.
C. Arbitration Procedures. The arbitration will be conducted by a single arbitrator. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be conducted in Allegheny County, Pennsylvania, or via videoconference or telephone conference at Your option. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
D. Costs and Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules, except that the Company will pay Your portion of such fees if Your claim is for less than $10,000 and is non-frivolous, as determined by the arbitrator. If You prevail in arbitration, the Company will pay Your reasonable attorneys' fees and costs to the extent required by applicable law.
E. Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
F. Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to the Company at c/o B&Y Ventures, 6425 Living Place, Suite 200, Pittsburgh, PA 15206, within 30 days of first accepting these Terms. Your notice must include Your name, address, email address, and a clear statement that You wish to opt out of this arbitration agreement. If You opt out, all other terms of these Terms will continue to apply, but You and the Company will not be bound by this arbitration provision.
G. Severability of Arbitration Provisions. If the Class Action Waiver in subsection E is found to be unenforceable for any reason, the entire arbitration agreement in this Section 41 shall be null and void. If any other portion of this arbitration agreement is found to be unenforceable, the remainder shall remain in effect.
H. Survival. This arbitration agreement shall survive termination of these Terms.
42. Jurisdiction and Venue. To the extent arbitration does not apply (including for claims brought in small claims court or where You have opted out), You agree that any Disputes shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and You consent to personal jurisdiction and venue in such courts. For international users, nothing in this provision affects mandatory consumer protection laws or statutory rights that cannot be waived, including jurisdictional rights under EU or other international consumer protection frameworks.
43. Time Limitation on Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where prohibited by law.
DATA BREACH NOTIFICATION
44. In the event of a data breach involving Your personal information, We will provide notice as required by applicable law. Depending on Your state of residence, You may be entitled to notice within specific timeframes and to specific remedies. We maintain security measures designed to protect Your information, but no method of electronic storage or transmission is completely secure.
SHIPPING AND DELIVERY
45. Shipping times and costs will be displayed during checkout. International Orders may be subject to customs duties, taxes, and fees imposed by the destination country; You are responsible for all such charges. We are not responsible for delays caused by customs clearance processes. Risk of loss passes to You upon delivery to the carrier. We will provide tracking information when available.
EXPORT COMPLIANCE
46. You agree to comply with all applicable export control and sanctions laws, including U.S. Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You represent that You are not located in, or a national or resident of, any country subject to U.S. embargo or designated as a terrorist-supporting country, and that You are not listed on any U.S. government prohibited or restricted party list. The Company reserves the right to refuse or cancel Orders to sanctioned countries or parties.
CALIFORNIA-SPECIFIC CONSUMER RIGHTS
47. California Residents: You have the right to request information about Our data collection practices and to opt out of the sale or sharing of Your personal information. See Our Privacy Policy for details. Under California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. California residents are entitled to the following specific consumer rights notice: The Service is provided by Khalifa Manufacturing Company, LLC, located at c/o B&Y Ventures, 6425 Living Place, Suite 200, Pittsburgh PA 15206. Complaints regarding the Service or requests for further information may be directed to info@khalifakush.com. The California Department of Consumer Affairs may be contacted at: Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
PRODUCT SAFETY AND RECALLS
48. If any Goods sold through the Service are subject to a safety recall or similar action by a government agency, We will make reasonable efforts to notify affected purchasers and comply with applicable recall requirements. You agree to provide accurate contact information to enable such notices. Product safety information may be found at www.cpsc.gov (U.S. Consumer Product Safety Commission) and www.recalls.gov.
FORCE MAJEURE
49. Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials ("Force Majeure Event"). The affected party shall promptly notify the other party of any Force Majeure Event and shall use reasonable efforts to minimize the impact. If a Force Majeure Event continues for more than 60 days, either party may terminate affected Orders without liability.
ELECTRONIC SIGNATURES AND NOTICES
50. You agree that Your electronic acceptance of these Terms, electronic submission of Orders, and electronic communications with Us constitute legally binding agreements and notices. You consent to receive notices, agreements, disclosures, and other communications electronically, including via email or by posting on the Website. Electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw consent to electronic communications by contacting Us, but such withdrawal may result in termination of Your access to certain Service features.
ARTIFICIAL INTELLIGENCE DISCLOSURE
51. The Service may use artificial intelligence (AI) and automated systems for various purposes, including customer service, product recommendations, content moderation, fraud detection, and personalization of Your experience. AI-generated content will be identified where required by law. Automated decisions that significantly affect You may be reviewed by human personnel upon Your request. To request human review or to ask questions about Our use of AI, contact Us at info@khalifakush.com.
BIOMETRIC DATA NOTICE
52. The Service does not currently collect biometric information (such as facial recognition data, fingerprints, or voiceprints). If We implement any biometric data collection in the future, We will obtain Your prior informed written consent and comply with applicable biometric privacy laws, including retention and destruction requirements.
UNITED STATES FEDERAL GOVERNMENT END USE PROVISIONS
53. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
UNITED STATES LEGAL COMPLIANCE
54. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
55. Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
56. Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION
57. If these Terms and Conditions have been translated on our Service, You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
58. We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined in Our sole discretion.
59. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must immediately stop using the Website and the Service.
NOTICE REGARDING MEDICAL ADVICE
60. THE SERVICE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICE ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE WEBSITE OR OTHERWISE AVAIALBLE VIA THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
INDEMNIFICATION
61. BY USING THE SERVICE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS AFFILIATES, AND ANY OF ITS OR THEIR DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SERVICE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR SERVICE ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR THE COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE COMPANY'S DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
AVAILABLE ONLY WHERE PERMITTED BY LAW
62. The Goods described on the Website or via the Service are only offered in jurisdictions where they may be legally offered for sale. The Service is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.
RESTRICTIONS ON USE
63. The information provided on the Service, is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for Your own personal information and visual representation without the written consent of the Company. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access the any web pages or assets contained in the Website, Content or Service for any purpose.
64. You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: The Company operates the Service in the United States. The Company makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
CONTACT US
65. If you have any questions about these Terms and Conditions, You may contact us at info@khalifakush.com.