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Terms of Service

The website Kibunliving.com, including all subpages under such domain name, any and all downloadable mobile and/or tablet applications and all Kibun-controlled social media pages (i.e., the Kibün® pages at LinkedIn®, Facebook®, YouTube®, Twitter®, Instagram®, Pinterest®, etc.) (collectively, the “Site” or “Website”), relating to Kibün® products offered on such Site, are operated by Kibün  (“Kibün”). Throughout these Terms of Service (the “Terms”) relating to the Site, the terms “we,” “us” and “our” refer to Kibün.  Kibün offers the Site, including all information, tools, products and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting and/or using our Site, and/ or purchasing any product(s) (collectively, the “Products”) from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, Site visitors, vendors, customers, advertisers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using the Site. If you do not agree to all the terms and conditions of herein, then you may not access or use the Site, or purchase Products from Kibun.

Any new features, products, or tools which are added to any current Site or part thereof, including the e-commerce store on such Site shall also be subject to the Terms. You can review the most current version of the Terms at any time at bulbrite.focusedimpressions.com. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site, without notice to you. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to any Site following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state province, or jurisdiction of residence (at least the age of 18). You may not use our Products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Site. Failure by us to terminate your use of the Site immediately in the event of such breach shall not be deemed a waiver of our right to terminate your use of the Site at any time.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse to provide Products to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on any Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site visited, downloaded, or otherwise used by you.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site and any Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any Products.  We also reserve the right to correct any prices which are inadvertently displayed incorrectly.

 

SECTION 5 - PRODUCTS

All prices of Products are quoted in U.S. Dollars. Shipping for Products is only available to addresses within the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. Certain Products may be available exclusively through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our Products that appear in person. We cannot guarantee that your computer monitor’s display of any color will be accurate or that the Site will display the Products accurately or that reflect the most recent changes to the Products. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Products at any time. Any offer for any of the Products made on the Site is void where prohibited by law or these Terms. We do not warrant that the quality of any Products, or other material purchased or obtained by you will meet your expectations, be error or defect-free, or that any errors or defect any part of the Products will be corrected or that we will, or have any obligation to, make any effort to cure.

 

SECTION 6 – SHIPPING, BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All payments made on the Site are independently processed through third-party services. Therefore, Kibun does not collect any payment information, such as credit card information, but receives notification once a payment has been successfully completed. You agree to provide current, complete and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your transactions can be completed and we can contact you as needed. We are under no obligation to you or any third party to ensure that your personal information aligns with credit card information submitted by you in connection with your purchase. If a payment fails or is refused by the third-party payment processor, Kibun shall be under no obligation to fulfil the order.

Kibün shall have no liability or responsibility to you or anyone else in connection with any payment or attempted payment, or any information or data provided in connection with any payment or attempted payment, for any Product on or through the Site.

For more information on our return/exchange policy, please see our returns policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We hereby disclaim any and all liability whatsoever arising from or relating to your use of any third-party tools. Any use by you of optional tools or of any other third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms governing your use of such tools and the conditions upon which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also automatically be subject to these Terms.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials, products, information, services, images, content, offerings, promotions, discounts, sweepstakes, or advertisements from third-parties (“Third-Party Content”). Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, completeness, or accuracy of such Third-Party Content and we do not warrant and will not have any liability or responsibility for any Third-Party Content, third-party materials, applications, tools, or websites, or for any other materials, content, tools, products, or services of any third-party. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the applicable third-party’s policies and practices and make sure you understand them before you engage in any transaction or use any of their products or services. Complaints, claims, concerns, or questions regarding Third-Party Content and any other third-party resources, transactions, materials, goods, or services should be directed solely to the applicable third-party.

 

SECTION 9 – USER CONTENT

The term “Content” means any text, graphics, images, music, video, audio, software, any kind of work of authorship, and any other information posted, generated or otherwise on or through the Website. The term “User Content” means any Content that any user of the Website (including you), makes available to Kibun or any other user of this Website through same.

All User Content, whether posted publicly or otherwise through the Website, is the sole responsibility and obligation of the individual who originated, posted or provided such User Content.  Kibun has no responsibility or obligation with respect to such User Content and cannot determine whether such User Content is accurate or appropriate for any particular use or other user. By posting or providing any User Content, you represent and warrant that such User Content is accurate, complete, timely, and in compliance with these Terms, and all applicable laws, rules and regulations, and not in violation of the rights of any third-party or person.

Anyone using, accessing or providing any User Content acknowledges and agrees that doing so is at your sole risk, and that you will be liable and responsible for any and all loss, harm or damage as a direct or indirect result of posting, providing, accessing or using any User Content to the fullest extent permitted by law. Kibun makes no representations, warranties, assurances or guarantees of any kind with respect to any Content or User Content that you post, provide, access or use by or through the Website.

As between Kibün and you, you represent that you own (or have all rights necessary to grant Kibün the rights below to) all User Content that you post, provide or submit to or through the Site, and that Kibün will not need to obtain licenses from any third party or pay royalties to any third-party to use in any way such User Content.  By posting, providing or otherwise making available any User Content through the Site, you hereby expressly grant Kibün a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable (by or at the direction of Kibün), royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through any media now known or later created or used), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. By posting, providing or otherwise making available any User Content through the Site, you waive all “moral rights” or rights of privacy or publicity in your User Content. Unless otherwise noted or unless other options are made available through the Site, you further grant all users of the Site permission to view your User Content for their personal, non-commercial purposes.

Any suggestions, recommendations or advice you provide to Kibün about any or all aspects of the Site shall belong exclusively to Kibün and under no circumstances, including in the event Kibun adopts any or all of your suggestions, or recommendations into any of its Products or the Site, shall you be entitled to any compensation or consideration of any kind.  To the extent you provide any feedback, product reviews, reviews of the Products or Site, or provide testimonials of any kind, you shall not be entitled to any compensation or consideration of any kind in connection therewith, and you hereby grant Kibün a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable (by or at the direction of Kibün) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through any media now known or later created or used), edit, modify, and make derivative works from same with or without any notice.

You may be able to remove your User Content from the Site by specifically deleting it. However, doing so will not void or eliminate the license you have granted to Kibün herein in connection with such User Content. In addition, it is possible that if you have communicated with other users with respect to your User Content, such users may still have access to such User Content.  Kibün is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Kibün shall have no liability or responsibility to you or anyone else in connection with any User Content, and while Kibün reserves the complete right to remove any User Content for any reason or no reason at all, it shall have no obligation to do so at any time or for any reason.

 

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, testimonials, photos, images, plans, or other materials, whether online, by email, by postal mail, chat or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us, including any photos containing your name or likeness, trademarks, copyrighted materials, or other intellectual property owned or licensed by you or a third party under your control and you grant us the license set forth in Section 9 hereof. With respect to these Comments, we have no obligation to (1) maintain any Comments in confidence; (2) pay compensation or provide any consideration of any kind to you for any Comments; or (3) respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, right of publicity, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, or harm or damage any third-party, third-party property, or third-party rights. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments, content, feedback, materials, inquiries, or submissions. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy please visit our privacy policy.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

 

SECTION 13 - PROHIBITED USES AND KIBÜN’S RIGHTS

The Site and Products are intended solely for personal, and non-commercial use. EXCEPT AS EXPRESSLY AGREED UPON IN A SEPARATE WRITTEN AGREEMENT SIGNED BY KIBÜN AND YOU, YOU MAY NOT USE OUR PRODUCTS OR ANY OF THE MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ALL IMAGES ON THE WEBSITE, TO RESELL, OR MARKET OR ADVERTISE FOR RESALE, OUR PRODUCTS TO ANY PERSON(S) THROUGH ANY OTHER WEBSITE, INCLUDING A PERSONAL WEBSITE OR AUCTION WESBITE (E.G., THROUGH EBAY). In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site, Products, or content provided thereon or obtained therefrom:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) post, provide or submit any pornographic, harassing, or indecent images, words, language, displays or content of any kind, regardless of the format (visual, verbal or written);

(d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(g) to submit false or misleading information;

(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;

(i) to collect or track the personal information of others;

(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(k) for any obscene or immoral purpose; or

(l) to interfere with or circumvent the security features of the Site, or the Internet.

You may not use, display, mirror or frame the Products, any images on the Site, or the Kibün® name, logo, trademark or proprietary information, or the look, feel, layout or design of the Site while using the Products or otherwise.

You may not pretend to be someone you are not (i.e., another user or person) while using he Site, though you may do so anonymously to the extent the ability to do so is made available.

You may not use or re-use for commercial purposes or for any other purpose not expressly permitted herein, nor alter, replicate, distribute, store, or create derivatives of or from any Content available on or through, or generated from, the Products or Site, including but not limited to all images on the Site.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses. You agree not to reproduce, duplicate, copy, sell, reverse-engineer, modify, improve, resell or exploit any portion of the Site or Products, or any personal or Kibün contact listed on the Site, without express written permission by us in each such instance. You may not use the Site or these Terms for research, development, or due diligence purposes with respect to any venture, business, or commercial purpose competitive with us. If you violate the restrictions set forth in the two preceding sentences, you agree to pay all costs and expenses (including reasonable attorneys’ fees and costs) incurred by us in seeking injunctive relief against you, any damages or losses, and any and all proceeds or valuable consideration received by you or a third-party, resulting from your breach of such restrictions. In addition, we reserve the right to terminate your use of any or all Site as a result of such breach.

Although Kibun is not obligated, and expressly has not agreed to, to monitor access to or use of the Site or to review or edit any User Content, Kibun has the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Site.  You have no expectation of privacy in any User Content or any Content you post, provide or submit on or through the Site.  Kibün reserves the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if Kibün, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms or in response to a complaint by another user of the Site. We have the right to investigate violations of these Terms or conduct that affects the Site, Products or Kibün. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

 

SECTION 14 – INTERACTIONS WITH OTHER USERS

Through the Site, you may have the ability to voluntarily interact with other users, Kibün personnel or individuals. When doing so, you are required to use common sense and to be responsible for your own property and safety, and to not disclose or allow to be disclosed any images, information, or materials which you do not want to disclose or to be seen or heard by others or Kibün.  Kibün assumes no responsibility to you or others for the Content disclosed by you and other Kibün users through the Site, or otherwise.  Therefore, you agree that Kibün is not responsible for, and shall have no liability, for any loss, damage, injury or other harm of any kind to you or as a result of your interaction with any other Kibün user or third party.  Additionally, Kibün is not responsible for, and shall no liability, for any loss, damage, injury or other harm of any kind to you as a result of your use of any of the Products, or features of the Site.

 

SECTION 15 - INTELLECTUAL PROPERTY

Kibün owns any and all intellectual property rights relating to the Kibün brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of the Site’s brand image, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained on the Site (the “Intellectual Property”). Your use of the Site does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of its respective owner, as indicated, and may only be used as permitted.

Procedure for Making and Responding to Claims of Copyright Infringement.

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Kibün’s designated agent (the “Designated Agent”).  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.

To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and  information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Kibün by Bulbrite

145 West Commercial Ave, Moonachie NJ 07074

Attn: Designated Copyright Agent John Kelly

jkelly@bulbrite.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Site. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a U.S. federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

 

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure, defect, or error-free. We do not warrant that the results that may be obtained from the use of the Site and Products will be accurate, complete, available, or reliable. You agree that from time to time we may remove portions of the Site, including Products for indefinite periods of time or cancel the Products at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site, Products and interaction with any other user or person through the Site is at your sole risk. The Products are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your personal use, without any representations, warranties or conditions of any kind and we hereby disclaim any and all representations, warranties, and conditions, either express or implied, including without limitation all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular use or purpose, durability, title, and non-infringement. In no case shall Kibün, our members, managers, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third-party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products, or for any other claim related in any way to your use of the Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Products, content, or product posted, transmitted, sold, offered, delivered, or otherwise made available via the Site, even if you foresee or are advised in advance of the possibility such damages or liabilities may arise. Because some states or jurisdictions do not allow the exclusion, disclaimer, or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

 

SECTION 17 - PRODUCT WARRANTIES

We want you to be satisfied with your purchase. If for any reason you are not pleased with a Product you purchased on the Site, simply return the item in accordance with our Return Policy. Our products may be packaged with warranty and service information detailing specific terms and conditions. PRODUCTS SOLD BY US MAY BE SUBJECT TO APPLICABLE WARRANTIES AND REPRESENTATIONS. WE ARE NOT RESPONSIBLE FOR TAKING ANY ACTION OR ASSUMING ANY LIABILITY, DAMAGE, OR COST INCURRED BY YOU OR A THIRD PARTY WITH RESPECT TO ANY DEFECT, ERROR, OR FAILURE IN THE PERFORMANCE, CONDITION, FEATURES, OR FUNCTIONALITIES OF PRODUCTS SOLD BY US. WE MAKE NO ADDITIONAL (AND HEREBY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT SOLD TO YOU THROUGH THE SITE.

 

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kibun, and our parent, subsidiaries, affiliates, partners, officers, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, damages, awards, judgments, fines, penalties, interest, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) incurred by us and/or any of the foregoing indemnitees in connection, and together, with any and all claims, causes of actions, demands, administrative actions, proceedings, and investigations brought or asserted by any third-party due to or arising out of your (i) breach of these Terms or the documents they incorporate by reference; (ii) violation of any applicable law; (iii) infringement or violation of any intellectual property or other rights of a third-party; (iv) negligence or willful misconduct; and/or (v) acts or omissions relating to your use of any Products that result in personal injury, death, or damage to property, except to the extent such injury is due to Kibun’s gross negligence or willful misconduct.

 

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. If such provision cannot be enforced to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to access our Site, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site, including our Products (or any part thereof).

 

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Products constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of the State of New Jersey, and as applicable to arbitration under Section 23 hereof, the US Federal Arbitration Act, without regard to conflicts of laws principles.

 

SECTION 23 – BINDING ARBITRATION AND WAIVER OF CLASS ACTION - IMPORTANT

By using the Products and/or the Site, you agree that any dispute, claim or controversy of any kind arising out of, under or related in any way to any of the Products, the Site, these Terms or any relationship or alleged relationship between you and Kibun, including the breach, termination, enforcement, interpretation or validity thereof (including this Arbitration provision) (each a “Dispute”) shall be resolved solely and exclusively through binding, individual arbitration, and not through joinder, class action, or any representative or other proceeding.

The sole exception to the obligation to arbitrate any Dispute is that you and Kibun reserve the right to seek injunctive or equitable relief in connection with any party’s infringement or misappropriation of any intellectual property or intellectual property rights granted herein exclusively in the courts of the State of New Jersey.  In connection therewith, you and Kibün hereby expressly waive any objection to such jurisdiction and venue on any basis, including that the forum is inconvenient or that you or Kibun is not otherwise subject to such jurisdiction.

To the extent required by any applicable law for the enforcement of this Arbitration provision, you may opt out of this mandatory Arbitration provision by providing explicit written notice, including the term “Arbitration Opt-Out” in the subject line, to Kibün at hello@kibunliving.com within thirty (30) days of your purchase of your Kibün Products, or with respect to any disputes involving the Website, within thirty (30) days of your initial visit to the Website.  By opting out of mandatory Arbitration, you are not waiving or opting out of the mandatory jurisdiction and venue provisions of these Terms.

You agree that before initiating Arbitration as required herein, you shall first attempt in good faith to negotiate an informal or formal resolution of your Dispute through a written notice (the “Dispute Notice” to Kibün at hello@kibunliving.com. The Dispute Notice must identify the nature of the Dispute, the relief you seek, and any other facts you deem relevant to the Dispute.  If the parties are unable to resolve your Dispute within thirty (30) days, you may then file an Arbitration demand pursuant to the terms and conditions set forth herein.

If you have not opted out of Arbitration, and if the Dispute has not been resolved within thirty (30) days of Kibün’s receipt of the Dispute Notice for purposes of Disputes you seek to have resolved, either party may submit the Dispute (as the sole mechanism for formal Dispute resolution) to the American Arbitration Association for binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA Rules”). The Arbitration shall be heard and determined by a single arbitrator. You agree that any such Arbitration shall take place solely in the State of New Jersey, County of Bergen. The arbitrator’s decision in any such Arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the Arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the Arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the Arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

You hereby waive your right to act as a class representative or private attorney general, and to participate as a member of a class of claimants, with respect to any Dispute. Disputes may not be arbitrated or litigated on a class or representative basis. The arbitrator can decide only your individual Dispute. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This section will survive the termination of your relationship with Kibün.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LTD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

In the event we prevail in any dispute with you relating to the activities between you and us governed by this Agreement, you shall reimburse us for all reasonable attorneys’ fees, experts’ and professionals’ fees, costs, and expenses incurred by us in connection with such dispute.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at Kibunliving.com We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the purchase of any Products following the posting of any changes to these Terms constitutes acceptance of those changes.

 

SECTION 25- CONTACT INFORMATION/NOTICES

Questions about the Terms of Service should be sent to us at hello@kibunliving.com.

Postal Address: 

Kibün
145 W. Commercial Avenue
Moonachie, NJ 07074

Phone:

(201) 531-5900 

Email:

hello@kibunliving.com

 

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