Last Revised on October 2020
User Representations and Acknowledgements: Your use of the Site or App is expressly conditioned upon Your agreement to the following:
- You acknowledge that you have read, understood, and accept these Terms and any policies referred to by these Terms;
- You acknowledge and agree that your continued access or use of the Site or App constitutes Your acceptance of the Terms, now or as amended in the future;
- You are at least 18 years of age and have the right, authority, and capacity to enter into this Contract and its Terms;
- You have provided, and will continue to provide correct, current, and complete information for the delivery of goods or services; and
- You consent to receive certain communications, electronic or otherwise, from KASK, and you agree that such communications satisfy any and all legal requirements regarding the need for written communication.
Conditions for Use: KASK grants you license to use the Site or App subject to the conditions, restrictions, and prohibitions set forth in these Terms. Your license to use the Site or App is further conditioned, restricted, and/or limited by the following:
- Must Be 18: All Users must be at least 18 years of age to use or access the Site or App.
- Connectivity is Your Responsibility: You must have appropriate and supported equipment (mobile device, computer, or similar electronic device) and sufficient internet access to use or access the Site or App. Should you access the Site or App through a device, website, social media platform, or similar property of a third-party, only You shall be solely responsible for such access and any liability, claim, action, or similar legal proceeding resulting therefrom.
- You Must Evaluate Information: KASK is not responsible for and does not warrant that any information provided by or contained within the Site or App is accurate, reliable, effective, or appropriate for your specific needs, nor does KASK represent or warrant that any information provided by or contained within the Site or App is in accordance with applicable law.
- Site or App Access Disruption: KASK will use its best efforts to make the KASK Site or App available at all times, however, KASK may need to disable the Site or App either temporarily or permanently. Further, KASK reverses the right to change, modify, update, interrupt, suspend, or discontinue the Site or App at any time without notice or liability, and KASK will not be liable for any such change, modification, update, interruption, suspension, or discontinuance of the Site or App regardless of the time or duration of any such event.
- Automatic App Updates: You consent to and allow KASK to automatically update its App on Your mobile device, which it may do at its sole discretion, and you agree that these Terms will apply to any such updates. Carrier data charges may apply to Your use of the App.
- Prohibited by Law: Your use of the Site or App shall be prohibited if applicable law prohibits such use.
- Denial of Use At Will: KASK may, in the sole discretion of KASK, deny use of the Site or App to any person and may change or modify its use requirements for the Site or App at any time.
- Reliance at Your Own Risk: Your use of the Site or App, and your reliance upon any information provided by or contained within the Site or App, is solely at your own risk.
- Access by Third Party Payment Processors: You are solely responsible for selecting the method of payment for products purchased on the Site or App. You shall be solely responsible for any act, omission, delay, unauthorized disclosure, security breach, improper payment, or any other illegal or improper action of such third-party payment processor. In no event shall KASK be liable in any way for the actions of such third-party payment processors. KASK reserves the right to select its third-party payment processors.
- KASK Content: While KASK strives to provide accurate, complete, effective, and useful information on its Site and App, any and all information, data, communications, social media posts, advertisements, or any and all other information provided by or contained within the Site or App (the “Content”) should be evaluated by You for accuracy, completeness, effectiveness, and usefulness. Certain Content may be provided by third parties, including other Users. KASK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD-PARTY CONTENT. KASK does not endorse and is not responsible for any Content in any way, and any views, opinions, or advice expressed within any such Content are solely those of the individual or entity providing such Content. Other than Content provided by You or third parties, KASK owns all other Content (the “KASK Content”) and expressly prohibits any use other than as set forth in these Terms. KASK shall act in accordance with applicable law to protect against or otherwise prohibit such unauthorized and unlawful uses of KASK Content and reserves the right to invoke any and all related rights, obligations, privileges, and claims associated with such KASK Content. In an effort to allow for improvements and updates to both the Site and App, You hereby consent and agree that KASK shall have the express right to, in its sole discretion and without notice, change, modify, or revise procedures, the interface, methods, materials, and/or KASK Content at any time and without Your consent.
- Your Content: You agree to and grant an irrevocable license to KASK to use any views, information, data, opinions, reviews, or any other Content provided to or collected by KASK by You or about You (“Your Content”). Such license shall be a valid, worldwide, perpetual license without regard for the laws of any jurisdiction; provided, however, that such license may be limited to the extent such a license is unenforceable within a particular jurisdiction as a matter of public policy. Such license shall be royalty-free and may be used by KASK, in its sole discretion, in any way or by any means, including the sale, transfer, or conveyance of such license. For the avoidance of doubt, You shall not be entitled to compensation or acknowledgement with respect to Your Content and its use by KASK. KASK also reserves the right to delete, remove, or otherwise modify or alter any of Your Content should it (i) violate these Terms, as determined solely by KASK, or (ii) be considered otherwise objectionable, as determined solely by KASK.
- Photographs: You agree that Your Content includes any and all photographs provided to KASK by You, meaning You authorize and consent to KASK’s use of any and all photographs provided to KASK by You unless and until You expressly revoke such authorization and consent in writing. You agree that, in accordance with this provision and these Terms, KASK may use, in its sole discretion, in any way or by any means, such photographs provided to KASK by You.
- Prohibited Uses: The following uses are expressly prohibited and each such prohibited use is a violation of these Terms, which shall result in (i) immediate termination of your use; (ii) your license to use the Site or App; and (iii) notification to proper governmental or legal authorities by KASK, as appropriate and/or as required by applicable law:
- Third-party solicitation or advertisement of any kind, whether public or private;
- Disclosure to third parties of any information or KASK Content contained on the Site or App, and such information is considered confidential.
- Unauthorized or illegal use of KASK Content, including, but in no way limited to, violations of relevant law pertaining to intellectual property, obscenity, anti-discrimination, or any other applicable statutory or common law in any and all relevant jurisdictions;
- Reference to or use of material that is pornographic, sexually explicit, or offensive, intimidating, or hateful in nature;
- Any behavior, activity, or conduct expressly prohibited in the “User Conduct” section below; or
- Any other actions or uses that otherwise violate these Terms.
- By beginning a new use and ordering products through the Site or App, you acknowledge, consent to, and authorize KASK or its third-party payment processor to charge the applicable amounts to your selected payment method, plus applicable taxes and fees. KASK reserves the right to select its third-party payment processors. Service charges, processing fees, or similar charges from third-party payments processors may apply.
- All activity conducted related to your use of the Site or App, including log-in information and related security, is your sole responsibility. You must not share your log-in information with any other person or entity, and you agree to exercise caution when accessing the Site or App on public or shared devices, or when accessing the Site or App via public or unsecure internet connections.
User Conduct: As set forth in these Terms, You acknowledge and agree that, at all times when using the Site or App, You will adhere to the provisions, requirements, conditions, restrictions, and limitations of these Terms, and will further only conduct and undertake the permitted uses, activities, and programs set forth in these Terms and as described in the Site or App. In addition, You acknowledge and agree that You will not, at any time, act in the following ways:
- Reproduce, distribute, or otherwise use the KASK Content in an any manner other than as described in these Terms;
- Access, disrupt, sever, corrupt, steal, download, upload, link, or otherwise share any content, information, accounts, data, names, addresses, email addresses, personal information, health information, payment methods, payment account numbers, intellectual property, servers, networks, affiliated sites or applications, or similar information or services not made directly available to You as part of your use (the “Private Information”);
- Attempt to gain access, test, scan, examine, or otherwise intend to gain unauthorized access to KASK’s Private Information, as defined above, by any means, including using remote or automated devices;
- Use or attempt to use any means to either upload or download information and/or files from KASK, the Site, App, or its Private Information, including, but in no way limited to, extraction of data through any means, uploading of viruses or other programs or files, or any other device of any means or for any reason;
- Use, post, or otherwise act in a manner consistent with ownership of any and all intellectual property of KASK, its affiliates, applicable third parties, and any other individual or entity, including materials, logos, slogans, taglines, and other devices that are or may be copyrighted, trademarked, patented, or protected as a trade secret; or
- Download, store, publish, distribute, share, or otherwise use any information that:
- Contains advertising;
- Contains links to third-party resources;
- Is of a fraudulent character; or
- Is the intellectual property of third parties who did not authorize You to use it, as well as violates other rights and interests of individuals and legal entities or requirements of the law (including the posting of photographs and videos, the main object of which is the person, if this person did not refuse to consent to a photograph or video of his/her participation).
Products, Content and Specifications: All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Accuracy of Information: The Company works hard to ensure that information on this Site is complete, accurate and current. Despite its efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. The Company makes no representation as to the completeness, accuracy or correctness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, the Company may make changes in information about price and availability without notice. While it is the Company’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The Company reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The Company also may require verification of information prior to the acceptance and/or shipment of any order.
Copyright Policy: KASK respects the copyright and other intellectual property rights of others. KASK may remove any content from its Site and Apps that appears to infringe upon such intellectual property rights. KASK complies with the Digital Millennium Copyright Act.
No Representations, No Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, KASK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERTAKE USE OF THE KASK SITE, ITS APPS, AND ANY OTHER SERVICES OR INFORMATION PROVIDED BY KASK OR ITS EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES “AS IS”. KASK AND ITS EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES MAKE NO WARRANTY OR REPRESENTATON REGARDING THE SITE APP OR ANY AND ALL INFORMATION, PROGRAMS, OR CONTENT CONTAINED THEREIN OR RELATED THERETO, INCLUDING THE SECURITY OR ACCESSIBILITY OF THE SITE OR APP OR ITS NETWORKS, SERVERS, OR SIMILAR ELECTRONIC, DIGITAL, OR INTERNET-BASED MEDIA, PLATFORM, OR OTHER CONNECTION.
WAIVER OF LIABILITY – Please Read Carefully: TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KASK BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF CONFIDENTIALITY OR PRIVACY, LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER RELATED OR UNRELATED TO THE INHERENT RISKS OF USE OF THE SITE OR APP, INCLUDING BUT IN NO WAY LIMITED TO, LOSS OF DATA, CONFIDENTIALITY, OR PRIVACY, INJURY, SERIOUS BODILY HARM, AND DEATH), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, YOU UNDERSTAND AND AGREE THAT YOU CONSENT TO AND ASSUME THE RISKS OF USE OF THE SITE AND APP. YOU UNDERSTAND AND AGREE THAT YOUR ADHERENCE TO AND PARTICIPATION IN THE KASK PROGRAM WILL BE SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT IT IS YOUR INTENT, AS WELL AS KASK’S INTENT, THAT THIS WAIVER SHALL BE EFFECTIVE AS A BAR TO ALL ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS OR DEMANDS OF EVERY KIND, NATURE OR CHARACTER WHATSOEVER, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, REFERRED TO ABOVE, EXCEPT THOSE EXPRESSLY RESERVED IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT YOU HEREBY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDING. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KASK BE LIABLE TO YOU, REGARDLESS OF THE NATURE OF THE CLAIM, FOR AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) IN RELATION TO THE ASSERTION OF ANY CLAIM BY YOU AGAINST KASK.
Dispute Resolution, Arbitration, Waiver of Class Action, and Waiver of Jury Trial: READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KASK.
Informal Dispute Resolution. For any dispute with KASK, you agree to first contact KASK at firstname.lastname@example.org and attempt to resolve the dispute with KASK informally.
Arbitration. All disputes and controversies relating to the interpretation and performance of this Agreement that cannot be resolved by amicable negotiation shall be finally resolved and determined by binding arbitration in the city of Charlotte, North Carolina, under the administration of the American Arbitration Association (“AAA”) in accordance with the law of North Carolina and AAA Commercial Arbitration Rules (collectively, the “Rules”). Subject to the appropriate protective orders, You, the User, and KASK (individually, a “Party”, or collectively, the “Parties”) shall facilitate the arbitration by: (i) making available to one another and to the arbitrator for inspection, copying and extraction all documents, books, records under the control of such Party which are relevant to the subject matter of the arbitration proceeding; (ii) conducting arbitration hearings to the greatest extent possible on successive days; (iii) observing strictly the periods established by the Rules or by the arbitrator for the submission of evidence or briefs; and (iv) making reasonably available to one another in arbitration discovery and to the arbitrator all personnel who are under the control of such Party or who control such Party and who have information relevant to the arbitration proceeding. In the arbitration proceeding, depositions may be taken and discovery obtained in accordance with the Rules. The arbitrator, in his discretion, may impose sanctions to enforce discovery or may limit discovery. Until the arbitration award is rendered, no Party to the arbitration shall have any right to apply or appeal to any court in connection with the question of law arising in the course of the arbitration except to enforce arbitration, provided that any such Party may apply to any court with jurisdiction for (i) an injunction or other provisional or interim relief in support of arbitration and any such application shall not be deemed incompatible with or a waiver of the agreement to arbitrate, or (ii) a temporary restraining order, preliminary injunction or other interim relief to enforce this Agreement, provided that the decision to award injunctive relief shall be determined by arbitration. Any award rendered by the arbitrator shall be final and binding upon each Party to the arbitration and judgment on the award may be entered in any court of competent jurisdiction. The arbitration award, where appropriate, may be enforced by such court through injunctive or other equitable relief, as well as all relief at law including damages. The arbitrator also may issue decisions for interim, interlocutory, provisional or partial relief, including temporary restraining orders, preliminary injunctions, orders to compel discovery, orders of attachment, protective orders, any of which may be enforced as an arbitration award by any court of competent jurisdiction. Any arbitration award for money shall be made and shall be payable in U.S. dollars. The arbitrator may award interest from the date of any breach of this Agreement and shall fix the rate of interest on any amount awarded from the date of the award to the date the award is paid in full.
Waiver of Class Action. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KASK AGREE THAT, IN THE EVENT ANY DISPUTE RELATING TO OR DERIVING FROM THESE TERMS OR THIS CONTRACT CANNOT BE RESOLVED INFORMALLY, EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Waiver of Trial by Jury. THE PARTIES AGREE THAT DISPUTES ARISING HEREUNDER OR RELATING HERETO BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. THEREFORE, TO ACHIEVE THE BEST COMBINATION OF THE BENEFITS OF THE JUDICIAL SYSTEM AND OF ARBITRATION, THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN YOU AND KASK ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED IN CONNECTION WITH, THIS CONTRANT OR ANY OF THE OTHER EVENT OR OCCURRENCE RELATED HERETO OR THERETO. AS SUCH, IN THE EVENT ANY DISPUTE RELATING TO OR DERIVING FROM THESE TERMS OR THIS CONTRACT CANNOT BE RESOLVED INFORMALLY, THE PARTIES AGREE THAT, BY ENTERING INTO THIS CONTRACT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES EACH WAIVE THE RIGHT TO A JURY TRIAL.
Termination: Except as contained herein, this Contract shall terminate in accordance with the following:
- By You: Upon ceasing your use and access to the Site or App.
- By KASK: KASK may suspend or cancel your use, either in whole or in part, at will and at any time and for any reason or no reason, with or without notice. In the event KASK elects to suspend or cancel your use, either in whole or in part, KASK shall not be liable in any way to you or any other third-party.
- Access: Termination, either by You or KASK, shall result in Your inability to access the Site or App.
- Your Content: Notwithstanding the foregoing, the license granted by you to KASK to use Your Content shall survive termination of this Contract; provided, however, KASK also reserves the right to delete Your Content, in whole or in party, upon termination of this Contract.
Force Majeure: KASK shall not be liable for any non-compliance or improper performance of these Terms, if such non-performance or improper performance is the result of circumstances beyond the control or will of KASK. You and KASK agree that such circumstances include, but in no way are limited to: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, foreign enemy action military action, declared and unannounced war, public enemy action, riot, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, rebellion, uprising, mass riots, curfew, expropriation , forcible seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, unlawful acts of third parties, explosion, prolonged interruptions in the work of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of the sea canals, embargo, ban / imports, etc., and also caused by exceptional weather and natural disasters, such as: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passages, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.; decisions of governmental bodies of any kind that interfere with or prevent KASK from fulfilling its obligations under this Contract, and/or which, in KASK’s sole discretion, cause You significant negative influence for performance of these Terms; or any other situation that significantly affects the ability or inability of KASK to fulfill its obligations under these Terms. For the duration of such circumstances, KASK shall be exempted from the performance of the obligations provided for in these Terms. KASK shall not be liable for any negative consequences and other circumstances set forth in this paragraph, the occurrence of which is beyond the control or will KASK. Such KASK determine, in its sole discretion, that an event or circumstance contemplated by this paragraph has occurred or is likely to occur, KASK shall provide notice to You through its App, its Site, via Email and/or through direct communication.
Pursuant to these Terms, in no event shall the occurrence of an event or circumstance contemplated in the paragraph above be grounds for Your cancellation of products or services order through the Site or App, or any refund of any fees, in whole or in part, unless otherwise authorized in these Terms or the GTCs.
Choice of Law, Venue, and Forum: The rights and obligations of the parties under this Contract and these Terms shall be exclusively governed by and construed under the laws of North Carolina without reference to conflicts of laws principles. In the event of a dispute about any arbitration award, it shall be done in the North Carolina Superior Court, or the applicable United States District Court(s) in the State of North Carolina and in the County of Mecklenburg. Each party hereto irrevocably submits to the jurisdiction of each court in such action or proceeding. By entering into this Contract and these Terms, you consent to the personal jurisdiction of the state and federal courts of the State North Carolina and in the County of Mecklenburg, for any claim, action, matter, dispute, or other legal proceeding relating to or deriving from this Contract or these Terms. Further, you consent to and agree that Mecklenburg County, North Carolina, is the proper forum for any such proceeding relating to or deriving from this Contract or these Terms.
Injunctive Relief: You acknowledge and agree that any breach of these Terms by you, including, by in no way limited to, alleged infringement of intellectual property of KASK, unauthorized access to or unauthorized collection of data gathered and/or stored by KASK, or the commercial use of the Site or App, such action would cause irreparable harm to KASK, thereby KASK may seek equitable, injunctive, or any other appropriate relief against you in a court of competent jurisdiction.
Survival: In accordance with these Terms, certain provisions will survive termination of this Contract.
No Waiver: Modification or waiver of, or election to not enforce, any of these Terms shall not waive or otherwise effect any right of KASK to enforce any such Term in the future, nor shall such modification, waiver, or election to not enforce any of these Terms be considered or deemed to waive any term or condition of this Contract.
Entire Agreement: These Terms constitute the sole and entire agreement between you and KASK with respect to the Site and App and supersede all prior and contemporaneous communications, writings, understandings, agreements, representations and warranties, whether written and oral.
Third-Party Beneficiaries: Except as provided by these Terms, only you and KASK shall be entitled to enforce these Terms.
Amendment: These Terms may only be amended, changed, or modified by KASK in accordance with this Contract. You may not amend these Terms unless by express, written consent by KASK.
Severability: If any provision of this Contract is determined to be invalid, illegal, or unenforceable for any reason, such provision shall be reformed to reflect the intent of You and KASK, collectively, or eliminated only to the extent that all other provisions of this Contract will continue in full force and effect.
No Assignment: KASK may assign, transfer, or otherwise convey any and all rights or obligations pursuant to this Contract; however, you shall not assign, transfer, or otherwise convey any and all rights or obligations pursuant to this Contract.
Titles of No Effect: Any and all titles contained within this Contract are for convenience only and have no binding or legal effect.