Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by KMA USA. Throughout the site, the terms "we", "us" and "our" refer to KMA USA. We offer this website, including all information, tools and Services available from it, to you the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service, including the additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all of them, you may not access the website or use any Services.

Any new features or tools added to the store are also subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to this page. It is your responsibility to check periodically for changes. Continued use of the site following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our products to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in your use of the Service. You must not transmit any worms, viruses, or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding payment card information, may be transferred unencrypted and may involve transmission over various networks and changes to conform to technical requirements. Payment card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions. Any reliance on this material is at your own risk.

This site may contain historical information, provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS AND SERVICES

Certain products may be available exclusively online and may have limited quantities. These are subject to return or exchange only in accordance with our Refund Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your monitor's display of any color will be accurate.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction, and to limit quantities. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products or services purchased will meet your expectations, except as expressly set out in our published warranty.

SECTION 6 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we will attempt to notify you using the email or billing address provided.

You agree to provide current, complete and accurate purchase and account information, and to promptly update it so we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control. You acknowledge that we provide such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools. Use of these tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant them. We are not liable for any harm related to the purchase or use of goods or services in connection with any third-party website. Please review third-party policies carefully before transacting with them.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you send creative ideas, suggestions, proposals, or other materials, whether at our request or not, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation, or to respond.

We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third party and will not contain unlawful, abusive or obscene material or any malware. You are solely responsible for any comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

We undertake no obligation to update or clarify information on the Service except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any federal, state or local regulations, rules, laws or ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from use of the Service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except as expressly stated in our published warranty, the Service and all products delivered to you through it are provided "as is" and "as available", without representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no case shall KMA USA, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any product procured using it, even if advised of the possibility.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless KMA USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed. Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - 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 them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment you fail to comply with any term of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements or communications.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law provisions. You agree that any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Colorado.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the site following any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at contact@kmausa.co.

KMA USA
828 Hallmark Dr
Laredo, TX 78045
United States
contact@kmausa.co