SHAZ & KIKS TERMS AND CONDITIONS
TERMS AND CONDITIONS
THE SECTIONS BELOW TITLED “INFORMAL DISPUTE RESOLUTION” AND “ARBITRATION AGREEMENT” CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Shaz & Kiks and other marks indicated on our site are trademarks owned exclusively by Shaz & Kiks. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Shaz & Kiks’, in any manner that seeks to disparage or discredit Shaz & Kiks or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of Shaz & Kiks. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
Protecting Your Account
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
Personal Information Submitted Through the Website
License & Site Access
Shaz & Kiks grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Shaz & Kiks. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Shaz & Kiks. You are prohibited from using meta tags or any other hidden text utilizing Shaz & Kiks’ name or trademarks without the express written consent of Shaz & Kiks. Any unauthorized use of this websites voids the limited license granted by Shaz & Kiks.
Content Submitted by Site Users
If you post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Shaz & Kiks and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shaz & Kiks or its affiliates for all claims resulting from content you supply. Shaz & Kiks reserves the right to remove any content at our sole discretion.
The prices displayed on the website are quoted in U.S. Dollars. Certain products may have limited quantities and are subject to return or exchange only through the website according to the applicable return policy.
Products for Personal Use Only
The products and services available on the website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The strike through or listed price represents a price at which we previously offered the product, or a comparable product, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price elsewhere in the market on any particular day.
Errors, Inaccuracies, and Omissions
We attempt to be as accurate as possible when describing our products on the website; however, we do not warrant that the product descriptions, colors, information or other content available on the website are accurate, complete, reliable, current, or error-free. Occasionally there may be information on our website that contain 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 website is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Sites and Services
The website may contain links to other websites that are not under the control of Shaz & Kiks, such as payment vendors. Shaz & Kiks has no responsibility for the linked websites or services nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the website and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the website’s users.
Shaz & Kiks takes pride in the selective nature of its vendors and suppliers. Shaz & Kiks markets the products on its website to have certain characteristics or results, or some other similar advertising. Shaz & Kiks relies on the representations of its vendors and suppliers in making such representations and accepts no responsibility for the actual results, ingredients and/or sources of its products. Shaz & Kiks makes such representations to the best of its knowledge based on supplier contracts, research and ongoing data inquiries, but accepts no liability or responsibility for the accurateness or truthfulness of its vendors and suppliers’ representations regarding the source of its products and its effectiveness.
Disclaimer of Warranties; Limitation of Liability
This site is provided by Shaz & Kiks on an "as is" and "as available" basis. Shaz & Kiks makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of this website is at your own risk. Shaz & Kiks cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Shaz & Kiks will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold Shaz & Kiks harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement.
Redemption of Free Product & Coupon Offers
From time to time, Shaz & Kiks may provide its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page or announced via other means of communication in conjunction with the promotion of the Shaz & Kiks product collection, including radio and TV broadcasts, internet forums and various online websites. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Shaz & Kiks, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive discounts or free products with your order, then we will (at our sole discretion) remove any extraneous free or discounted products from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.
Informal Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Shaz & Kiks agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Shaz & Kiks at: Shaz & Kiks Legal Department, 12001 Portobella Drive Austin, TX 78732, or,
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Shaz & Kiks agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Formal Disputes; Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Shaz & Kiks expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
With respect to any dispute, claim, or controversy regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF SHAZ & KIKS OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TEXAS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may begin an arbitration proceeding by sending a letter requesting arbitration to:
Shaz & Kiks
12001 Portobella Drive
Austin, TX 78732
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Travis County, Texas, or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Shaz & Kiks agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Shaz & Kiks hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Shaz & Kiks. You may terminate this Agreement at any time. Shaz & Kiks also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Changes in Policy
You agree that these Terms & Conditions are the exclusive contract between you and Shaz & Kiks. Shaz & Kiks reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
By visiting our website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Shaz & Kiks. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Shaz & Kiks’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the website.