Kanjera Terms of Use

Last modified: 7/18/19

1. General Terms

These terms and conditions of use (“Terms of Use”) govern your use of the Kanjera, Inc. (“Kanjera”, “Company, “we” or “us”) website (the “Site”). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site.

By accessing this web site, you are agreeing to be bound by these web site Terms of Use and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

The materials contained in this web site are protected by applicable copyright and trade mark law as described below.

2. Use License

All pages within this Site and any material made available for download, unless otherwise noted, are the property of Kanjera or its affiliates. All content included in or made available through any Kanjera service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively “Content”) is the property of Kanjera or its content suppliers and protected by United States and international copyright and trademark laws.

The Content of the Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Kanjera in writing, including for the provision of services or products to Kanjera or any of its affiliates, or in connection with a business relationship with Kanjera or any of its affiliates.

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Kanjera or one of its affiliates without our express written consent.

You may view, copy, print and use Content contained on this Site solely for transitory viewing only and provided that:

  1. (a) no text, graphics or other content available from this Site is modified in any way and
  2. (b) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Kanjera or any of its affiliates or any third party, except as expressly provided herein.

This is the grant of a license, not a transfer of title, and under this license you may not:

  1. (a) modify or copy the materials;
  2. (b) use the materials for any public display (commercial or non-commercial) without express written permission of Kanjera;
  3. (c) attempt to decompile or reverse engineer any software contained on Kanjera’ web site;
  4. (d) remove any copyright or other proprietary notations from the materials; or
  5. (e) transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kanjera at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Electronic Communications

When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  1. (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
  2. (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
  4. (d) sending unsolicited email, including promotions and/or advertising of products or services; or
  5. (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Kanjera will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Kanjera on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Kanjera cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

5. Your Account

You may need your own Kanjera account to use certain Site services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Kanjera does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Kanjera reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion.

6. Disclaimer

The materials on Kanjera, Inc’s web site are provided “as is”.

KANJERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

KANJERA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. KANJERA SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. KANJERA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. KANJERA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT KANJERA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

8. Shipping

  • Once purchased, freight will be delivered within 72 hours
  • Retailer agrees that no appointment is needed for receiving the goods when carrier arrives as long as the time is within their selected delivery times (see retailer’s Terms and Conditions)
  • Kanjera reserves the right to select the carrier for the delivery of the orders
  • Product will be delivered to the dock, back door or receiving door of the store
  • Product will not be place in the shelves by the driver or delivery truck personnel
  • Retailer will be responsible to count and verify products and sign of received. After signed by Retailer, Kanjera will be release of any responsibility for missing or damage product

9. Returns, Refunds and Title

If your item has a manufacturing defect in its materials or workmanship, you can return it at any time.

When Kanjera accepts returns Kanjera will have the option to:

  1. (a) replace the product with, at Kanjera’s sole discretion, a new, sales sample, or tested product.
  2. (b) credit the purchaser for use in a future purchase; or
  3. (c) return a credit back to the purchaser’s Credit Card or bank account.

Kanjera does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Kanjera does not take title to the refunded item.

Kanjera will accept the return of products only when:

  1. (a) the product was miss-shipped or
  2. (b) the product is damaged or defective.

10. Sanctions and Export Policy

You may not use the Kanjera Site if you are the subject of U.S. sanctions. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

11. Revisions and Errata

The materials appearing on Kanjera’ web site could include technical, typographical, or photographic errors. Kanjera does not warrant that any of the materials on its web site are accurate, complete, or current. Kanjera may make changes to the materials contained on its web site at any time without notice. Kanjera does not, however, make any commitment to update the materials.

12. Links

Kanjera has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kanjera of the site. Use of any such linked web site is at the user’s own risk.

13. Site Terms of Use Modifications

Kanjera may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

14. Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Kanjera or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Craig Wallace, at the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

15. Governing Law

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).

We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Terms or otherwise need to contact us, you may contact us at the contact information below or through the “Contact” page on our Website.

To Contact Kanjera
Kanjera, INC
501 Old Greenville Hwy., Ste 8
PMB 314
Clemson, SC 29631