Terms of service
Terms of Service for KHALIFA-JONES.com
Effective Date: Nov-1-2024
Welcome to KHALIFA-JONES.com. By accessing or using our website, you agree to comply with and be bound by the following Terms of Service. If you do not agree with these terms, you may not use our website or services.
1. Acceptance of Terms
By visiting or purchasing from KHALIFA-JONES.com, you agree to be bound by these Terms of Service, including our Privacy Policy and Return and Refund Policy. We reserve the right to update, change, or replace any part of these terms at any time. It is your responsibility to review them periodically for updates.
2. Eligibility
You must be at least 18 years old or have the consent of a parent or guardian to use our website and services. By using this site, you represent and warrant that you meet these eligibility requirements.
3. Products and Services
3.1. Product Descriptions: We make every effort to ensure that product descriptions and images are accurate. However, we do not guarantee that all product details, including color and appearance, will be completely accurate as they may vary slightly.
3.2. All Sales Final: All purchases made on KHALIFA-JONES.com are final and non-refundable, as outlined in our Return and Refund Policy. If you encounter an issue with your order, you may contact us for assistance.
3.3. Availability: All products are subject to availability. We reserve the right to limit quantities or discontinue products at any time without notice.
4. Pricing and Payments
4.1. Prices listed on our website are subject to change without notice.
4.2. Payments are processed securely through trusted third-party payment processors. By completing a transaction, you agree to provide accurate and complete payment information.
4.3. We are not responsible for any errors or unauthorized transactions that occur during the payment process.
5. Intellectual Property
5.1. All content on KHALIFA-JONES.com, including text, images, graphics, logos, and trademarks, is the property of KHALIFA-JONES and is protected by copyright and intellectual property laws.
5.2. You may not reproduce, distribute, or use any content from our website without prior written permission.
6. Limitation of Liability
6.1. KHALIFA-JONES.com is provided "as is" and "as available." We make no warranties, expressed or implied, regarding the operation of the website or the information, content, or products offered.
6.2. In no event shall KHALIFA-JONES, its owners, employees, or affiliates be liable for any indirect, incidental, or consequential damages arising from your use of the website or purchase of our products.
6.3. Our total liability for any claim related to a purchase shall not exceed the amount you paid for the product.
7. Third-Party Links
Our website may include links to third-party websites for your convenience. We are not responsible for the content or practices of these websites and encourage you to review their terms and policies before engaging with them.
8. Prohibited Activities
You agree not to:
- Use our website for any unlawful purpose.
- Attempt to interfere with the security or functionality of the website.
- Use bots, spiders, or other automated systems to access the website without permission.
9. Indemnification
You agree to indemnify and hold harmless KHALIFA-JONES, its affiliates, employees, and partners from any claims, damages, or expenses arising from your use of the website or violation of these terms.
10. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Wisconsin, without regard to its conflict of law provisions.
11. Termination
We reserve the right to terminate or suspend your access to the website at any time, without notice, if we believe you have violated these terms.
12. SMS
By consenting to KHALIFA-JONES’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@khalifa-jones.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing KHALIFA-JONES products or services, you agree that any controversy, claim, action, or dispute between you and KHALIFA-JONES arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of KHALIFA-JONES’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Dane, WI, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Wisconsin, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of KHALIFA-JONES’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 9414 Harvest Moon Ln, Verona, WI 53593. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with KHALIFA-JONES. You are responsible for ensuring KHALIFA-JONES’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and KHALIFA-JONES agree that you may bring or participate in Claims against KHALIFA-JONES only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and KHALIFA-JONES agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: info@khalifa-jones.com
Thank you for choosing KHALIFA-JONES. We value your trust and business!