Kimo Bentley Terms & Conditions
Welcome to the Kimo Bentley Store, www.kimobentley.com (the "Site") owned and operated by KimoBentley.com, LLC. Except as otherwise noted herein, these terms and conditions (the “Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.Kimo Bentley reserves the right to make changes to the Site and to these Terms from time to time without prior notice to you (including after you have submitted your order). When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use the Site because by visiting the Site, you agree to accept any such changes.Kimo Bentley provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Kimo Bentley property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Kimo Bentley.We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on your use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Kimo Bentley specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws
Attempting to interfere in any way with the Site's or Kimo Bentley’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
Limits on Purchases
Kimo Bentley reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Kimo Bentley also reserves the right to cease doing business with those customers violating these Terms.
Violations of system or network security may result in civil or criminal liability. Kimo Bentley will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging into a Kimo Bentley server or account, which you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site
Product and Pricing Information
Although Kimo Bentley has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Kimo Bentley cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change.Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Individual product results may vary. The statements on this website have not been evaluated by the FDA. Kimo Bentley products on this website or in retail stores are not intended to diagnose, treat, cure or prevent any disease and do not replace medical advice. Advice on treatment or care of an individual patient should be obtained through consultation with a physician or trained health care practitioner who has examined that patient or is familiar with that patient's medical history.
Kimo Bentley (My Prescription For Beauty LLC) urges you to consult with a qualified health care provider to discuss both the advantages and risks of using our products and for answers to your personal questions.
As between you and Kimo Bentley, Kimo Bentley is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensor of the Materials and Content on the Site, unless otherwise indicated. The Kimo Bentley logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Kimo Bentley Intellectual Property") are owned by Kimo Bentley and may be registered in the United States and internationally. You agree not to display or use the Kimo Bentley Intellectual Property in any manner without Kimo Bentley's prior written consent. Nothing on the Site should be construed to grant any license or right to use any Kimo Bentley Intellectual Property without the prior written consent of Kimo Bentley. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
Personal Information Submitted Through the Sites
You agree to defend, indemnify and hold Kimo Bentley, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Limitation of Liability
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." Kimo Bentley DISLCAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIMO BENTLEY DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TGIN MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.Kimo Bentley makes no warranties of any kind regarding any non-Kimo Bentley sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Kimo Bentley makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Kimo Bentley sites. Kimo Bentley does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.IN NO EVENT SHALL KIMO BENTLEY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF TGIN OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIMO BENTLEY’s ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED FIFTY DOLLARS (U.S. $50.00).
These Terms constitute the entire agreement between you and Kimo Bentley and govern your use of the Site, and they supersede any prior agreements between you and Kimo Bentley. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Kimo Bentley may deny you access to the Site at any time, immediately and without notice, if in Kimo Bentley's sole discretion you fail to comply with any provision of these Terms.You agree that no joint venture, partnership, employment, or agency relationship exists between Kimo Bentley and you as a result of your use of the Site.Any claim or cause of action you may have with respect to Kimo Bentley or the Site must be commenced within one (1) year after the claim or cause of action arose.The failure of Kimo Bentley to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these terms shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law.These terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Illinois, in Cook County.You may not assign the Terms or any of your rights or obligations under the Terms without Kimo Bentleys express written consent. The Terms inure to the benefit of Kimo Bentley's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Copyright and Trademark Notice by
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store., Copyright © 2006, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.