Terms of use

TERMS OF USE

OVERVIEW

This website is operated by Kivo. Throughout the site, the terms "we," "our," and "us" refer to Kivo. This website, including all information, tools, and services provided, is offered by Kivo to you, the user, conditioned on your acceptance of all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from our business, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms of Use"), including the terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the site or using it, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Any new features or tools added to the current store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. By continuing to access the website or use it after those changes are posted, you accept those changes.

Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

You must not transmit any worms, viruses, or any code of a destructive nature.

By agreeing to these Terms of Use, you declare that you have reached or exceeded the legal age of majority in your region, province, or state, and have given us permission to allow any minor under your care to use this site.

You must not use our products for any illegal or unauthorized purposes, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).

A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL TERMS

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

You understand that your content (except for your credit card information) may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information made available on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or up-to-date sources of information. If you rely on the content on this site, you do so at your own risk.

This site may contain certain historical data. Historical data, by definition, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICE CHANGES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We will not be held liable to you or any third party for any price changes, modifications, suspensions, or discontinuations of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Some products or services may be available only online through the website. These products or services may have limited quantities and may be subject to our Return Policy for exchanges or returns.

We have made every effort to display as accurately as possible the colors and images of the products available in the store. However, we cannot guarantee that the colors displayed on your computer screen will be accurate.

We reserve the right to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations or that errors in the Service will be corrected.

SECTION 6 – BILLING AND ACCOUNT INFORMATION ACCURACY

For more information, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We reserve the right to refuse any order you place with us. We may, at 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 using the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools that we do not monitor, control, or manage.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We will not be liable for anything that results from or is related to your use of optional third-party tools.

Any use of optional tools provided through the site is entirely at your own risk and discretion. Furthermore, it is your responsibility to review the terms under which these tools are provided by the third-party providers and accept those terms.

We may also offer new services and/or features through the website in the future (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, and services available via our Service may include materials from third parties.

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 their content or accuracy, and we do not guarantee and will not assume responsibility for any third-party materials, websites, or other content, products, or services.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions related to third-party websites. Please carefully review the third parties' policies and practices, and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of a contest), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media the comments you send us. We are not, and will not be, under any obligation to (1) maintain the confidentiality of the comments; (2) compensate anyone for any comments provided; or (3) respond to the comments.

We may, but are not obligated to, remove content and accounts containing content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon the intellectual property of a third party or violates these Terms of Use.

You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments will not contain any unlawful, offensive, or obscene material, or any viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of the comments. You are solely responsible for all comments you post and their accuracy. We disclaim all responsibility for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

The transmission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

There may be instances where information on our site or in the Service contains typographical errors, inaccuracies, or omissions related to descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have submitted your order).

We are not obligated to update, amend, or clarify the information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to solicit others to perform illegal acts or participate in them; (c) to violate any local or international law or regulation; (d) to infringe upon our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that will or could be used in any way to affect the functionality of the Service or any related website;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web;
(j) for obscene or immoral purposes; or
(k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, secure, error-free, or without 

delay.

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods or cancel it at any time, without notice.

You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service, and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Kivo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to, loss of profits, revenue, savings, or data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products or services obtained through the Service, or any other claim related in any way to your use of the Service or any product, including but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available via the Service, even if you have been advised of the possibility of such damages.

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