Terms and Conditions
KPG Industries, Inc.
Terms and Conditions
Effective Date: June 15, 2020
This website is operated by KPG Industries, Inc. (“we”, “us” and “our”) and allows you to interact and make purchases on the website. These terms set forth the conditions under which you may use the Website and make purchases.
In order to use the features on the Website, you may be required to register with us through our online registration process. Regardless of how you decide to use the Website, your use of the Website and conduct on the Website is governed by this Agreement.
- Your Use of the Website and Affirmative Representations.
By using the Website, you are agreeing to the terms contained herein. You use is as is. We do not guarantee any functionality with the Website and although we may respond to notices of bugs or other issues, we have no obligations to provide corrective actions.
In using the Website, You represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Website do not violate any applicable law or regulation or constitute or encourage a criminal offense, illegal activity or violate the rights of any third party; (d) you are age of majority and may enter into binding contracts in the state in which you reside; and (e) you will comply with the rules for online conduct (as defined in Section 2 below) to the Website, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding online conduct.
All payments are processed through the Website. We use third party payment systems; You will be required to agree to any additional terms and conditions as part of those payment processing systems.
We offer 100% money back guarantee on any products purchased within 30 days. Please contact us directly to arrange fore refunds.
- Use and Protection of Account Number and Password.
We may ask you to create a username and password to manage your account. You are responsible for maintaining the confidentiality of your account, username, and password. You shall not transfer your account, username or password to any third party without our consent. You must: (a) immediately notify us of any unauthorized use of your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
- Our Intellectual Property Rights.
All of the information on the Website, including without limitation to IP, and the trademarks, service marks, and logos contained on the Website, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Website. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Website or features that: (a) prevent or restrict use or copying of any content; or (b) enforce limitations on use of the Website or the content on the Website. You further agree not to access the Website by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
- Our Management of the Website/User Misconduct.
5.1 Our Website Management.
We may, but are not required to: (a) monitor or review the Website for violations of this Agreement and for compliance with our policies;
(b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
(c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or
(d) manage the Website in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Website.
5.2 Our Right to Terminate Users.
Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of the Website to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation.
- Term and Survival.
Your subscription will automatically renew unless you contact us prior to the end of the current subscription term. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason, by emailing us. Upon termination of your Website account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account. The following sections will survive termination of this Agreement: 3, 4, 9,12, 13, 14, 15and 16.
- Copyright Policy.
We will terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Content on the Website infringes upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Notice.
The Internet and technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Website in order to be able to continue to use the interactive portions of the Website. We will also put any revised versions of this Agreement on the Website with a notice advising of the change. It is therefore important that you regularly check the Website for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
- Third Party Platform.
The Website may contain links to other websites, Websites, content, and other product and Platform (“Third Party Platform”). We do not own or operate the Third Party Platform, and we have not reviewed, and cannot review, all of the material, including goods or Platform, made available through Third Party Platform. The availability of these links on the Website does not represent, warrant or imply that we endorse any Third Party Platform or any materials, opinions, goods or Platform available on them. Third party materials accessed through or used by means of the Third Party Platform may also be protected by copyright and other intellectual property laws.
We may integrate with third party grocery shopping Platform as part of the Website. However, we do not represent any activities of the grocery Platform; any disputes that arise regarding such deliveries must be addressed directly with the third party.
- Disputes, Choice of Law and Forum.
You agree that any dispute shall be settled via arbitration and that arbitration will be administered by Judicial Arbitration & Mediation Platform, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”). You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers applying the standards set forth under the California Code of Civil Procedure. You agree that the arbitrator shall issue a written decision on the merits. You also agree that the arbitrator shall have the final power to award any remedies available under applicable law, and that the arbitrator shall award Attorney’s fees and costs to the prevailing party where provided by applicable law. You agree that the decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof. You agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure and the California evidence code, and that the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to rules of conflict of law. To the extent that the JAMS Rules conflict with California law, California law shall take precedence. Any disputes arising from this agreement shall be appointed to a JAMS office located in the state of California.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND KPG Industries, Inc. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
THE WEBSITE AND CONTENT PROVIDED THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE WEBSITELICATION, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MESSAGES OR OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITELICATION, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY WEBSITELICATIONS, OR THAT WE BELIEVE MESSAGES OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NONHARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MESSAGES OR WEBSITELICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE CONTENT, WEBSITELICATION AND PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEBSITELICATION’S CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE, INFORMATION OR ANY OTHER INFORMATION ON THE WEBSITE OR LINKED TO BY THE WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MESSAGES AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PLATFORM, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY MESSAGES, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT WEBSITELY TO YOU.
YOU, TAKE SOLE RESPONSIBLITY FOR THE STORAGE AND USE OF ALL PRODUCTS. WE DO NOT ENGAGE IN RENDERING MEDICAL ADVICE, COUNSELING OR OTHER SERVICES. THE WEBSITE AND PRODUCTS OFFERED ARE NOT DESIGNED NOR INTENDED FOR USE IN THE DIAGNOSIS OR TREATMENT OF ANY DISEASE OR CONDITION. NOR IS IT INTENDED TO CURE, TREAT, MITIGATE OR PREVENT ANY DISEASE OR CONDITION. THIS PRODUCT IS NOT INTENDED TO SUPPLANT YOUR OWN BEST JUDGMENT AS TO YOUR MEDICAL CARE. CONSULT YOUR MEDICAL CARE PROVIDER REGARDING ANY MEDICAL CONDITIONS YOU MAY HAVE OR ARE CONCERNED ABOUT REGARDING YOUR NUTRITION OR ANY OTHER GENERAL CONDITIONS. IF IN THE USE OF OUR PRODUCTS, YOU EXPERIENCE ANY DISCOMFORT OR DEVELOP ANY UNUSUAL CONDITIONS, CEASE USING THE PRODUCTS AND SEEK IMMEDIATE MEDICAL ATTENTION.
- Limited Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED FIVE HUNDRED DOLLARS $500 OR THE AMOUNT PAID, WHICH EVER IS GREATER.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you post to the Website, your use of the Website, Content, in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14.1 Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Website and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
14.2 Independent Contractors.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer/employee or franchisor/franchisee relationship of any kind between us and any user.
14.3 No Third Party Beneficiaries.
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
14.4 Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed to be drafted in such a manner to comply with the law.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.
This Agreement was last updated on: June 15, 2020