Last revised:\u00a0\u00a0 August 2017<\/p>\n
The www.kaleidoscopeaccessories.com web site (the \u201cWeb Site\u201d) is operated by\u00a0Butler & Associates (\u201cKaleidoscope Accessories\u201d, \u201cwe\u201d, \u201cus\u201d or \u201cour\u201d) . All inquiries may be directed to:<\/p>\n
Kaleidoscope Accessories THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND US, AND THEY GOVERN YOUR USE OF THE WEB SITE AND ALL TRANSACTIONS BETWEEN YOU AND US (INCLUDING PURCHASES OF PRODUCTS) MADE, IN WHOLE OR IN PART, VIA THE WEB SITE OR OTHERWISE.\u00a0 PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS OF USE. YOUR REGISTRATION WITH OR USE OF THE WEB SITE AND YOUR PURCHASE OF ANY PRODUCT FROM US CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THEM.\u00a0 IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEB SITE OR KEEP ANY PRODUCTS.\u00a0 IF YOU ARE USING THE WEB SITE OR ORDERING PRODUCT ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS \u201cYOU\u201d OR \u201cYOUR\u201d SHALL REFER TO SUCH ENTITY.<\/p>\n Persons under the age of 18 may not use this Web Site and parents or legal guardians may not agree to these Terms of Use on their behalf.<\/p>\n PLEASE NOTE:\u00a0\u00a0<\/strong>SPECIAL TERMS APPLICABLE TO ORDERS AND SALES OF PRODUCTS TO YOU ARE SET OUT AT THE END OF THESE TERMS OF USE.\u00a0 TO THE EXTENT ANY OF THOSE SPECIAL TERMS CONFLICT WITH ANY OTHER PROVISION OF THESE TERMS OF USE WHEN APPLIED TO A PRODUCT YOU ORDER OR PURCHASE FROM US, THOSE SPECIAL TERMS WILL CONTROL.<\/p>\n These Terms of Use May Change<\/strong> Compliance with All Laws, Online Conduct and Site Security<\/strong> Intellectual Property Notice<\/strong> Linking to this Web Site<\/strong> Links to Other Sites<\/strong> Submissions<\/strong> Product Information<\/strong> Disclaimer and Limitation of Liability<\/strong> WITHOUT LIMITING THE FOREGOING, KALEIDOSCOPE ACCESSORIES INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEB SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.<\/p>\n YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE, AND THAT NEITHER KALEIDOSCOPE ACCESSORIES INC. NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO, ACCOMPANYING, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE.\u00a0 THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.<\/p>\n EXCEPTION:\u00a0 YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.\u00a0\u00a0 IF ANY PART OF THIS LIMITATION OF LIABILITY SET FORTH ABOVE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KALEIDOSCOPE ACCESSORIES INC., ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AND AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).<\/p>\n Indemnification<\/strong> General<\/strong> <\/p>\n Last revised:\u00a0\u00a0 August 2017 The www.kaleidoscopeaccessories.com web site (the \u201cWeb Site\u201d) is operated by\u00a0Butler & Associates (\u201cKaleidoscope Accessories\u201d, \u201cwe\u201d, \u201cus\u201d or \u201cour\u201d) . All inquiries may be directed to: Kaleidoscope Accessories 2177 Flintstone Drive Suite C Tucker, GA\u00a0 30084 www.kaleidoscopeaccessories.com Consumers: 1-800-213-6172 or email\u00a0shop@kaleidoscopeaccessories.com Retailers:\u00a01-404-223-5031 or email\u00a0info@kaleidoscopeaccessoreis.com THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT […]\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-blank-title-center.php","meta":[],"_links":{"self":[{"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/pages\/383"}],"collection":[{"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/comments?post=383"}],"version-history":[{"count":9,"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/pages\/383\/revisions"}],"predecessor-version":[{"id":56206,"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/pages\/383\/revisions\/56206"}],"wp:attachment":[{"href":"https:\/\/kaleidoscopeaccessories.com\/store\/wp-json\/wp\/v2\/media?parent=383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n2177 Flintstone Drive
\nSuite C
\nTucker, GA\u00a0 30084
\nwww.kaleidoscopeaccessories.com<\/a>
\nConsumers: 1-800-213-6172 or email\u00a0shop@kaleidoscopeaccessories.com<\/a>
\nRetailers:\u00a01-404-223-5031 or email\u00a0info@kaleidoscopeaccessoreis.com<\/a><\/p>\n
\nKaleidoscope Accessories reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Web Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.\u00a0 It is your responsibility to review these Terms of Use for changes whenever you use this Web Site.<\/p>\n
\nYou agree to use this Web Site only for lawful purposes.\u00a0 You agree that all information you provide to us, including, without limitation, your name, address, and payment information, will be truthful, complete, and accurate at all times.\u00a0 Any conduct by you that in our sole discretion restricts or inhibits any other user from enjoying our Web Site will not be permitted.\u00a0 You are prohibited from posting on or transmitting through our Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.\u00a0 You are expressly prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.\u00a0 You are responsible for maintaining the security and confidentiality of any user IDs or passwords selected by you, or provided to you, to access the Web Site, and you agree not to disclose any such user IDs or passwords to any person other than your employees.\u00a0 You are responsible for all acts or omissions of, and any orders placed by, any person accessing the Web Site using any such user IDs or passwords.<\/p>\n
\nAll of the content you see on this Web Site, including, for example, all of the page headers, images, illustrations, product designs or configurations, graphics, audio clips, video clips, and text, (collectively \u201cContent\u201d) are subject to trademark, service mark, trade dress, copyright and\/or other intellectual property rights or licenses held by Kaleidoscope Accessories its affiliates, or by third parties who have licensed their materials to Kaleidoscope Accessories.\u00a0 All products shown in this Web Site are the exclusive designs of Kaleidoscope Accessories or its suppliers.\u00a0 \u201cKaleidoscope Accessories\u201d and the Kaleidoscope Accessories logo are registered trademarks of\u00a0Kaleidoscope Accessories.\u00a0 The Web Site is copyrighted as a collective work under U.S. copyright laws, and Kaleidoscope Accessories owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. Kaleidoscope Accessories and its licensors reserve complete title and full intellectual property rights in the Web Site and any Content on the Web Site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Web Site or the Content without first obtaining written permission from us.\u00a0 Without limiting the foregoing, you agree not to, nor will you, assist or direct anyone else to, copy, modify, or \u201cknock-off\u201d our products.\u00a0 Any infringement will be strictly enforced.<\/p>\n
\nEstablishing or maintaining a link from another Web site to this Web Site without the prior express written consent of Kaleidoscope Accessories is strictly prohibited.\u00a0 Displaying this Web Site or any Content contained on this Web Site in frames or through similar means on any Web site without express written permission from Kaleidoscope Accessories is also strictly prohibited.\u00a0 Any permitted links must comply with these Terms of Use and all applicable laws and regulations.<\/p>\n
\nAny outside links are provided only as a convenience.\u00a0 If you have any concerns regarding any outside link from our Web Site, please direct them to the owner or operator of the outside site.\u00a0 All use of outside links is at your sole risk. Kaleidoscope Accessories is not responsible for any outside sites, services, or other materials linked to or from this Web Site, and disclaims all liability for any injury you may experience by using such outside sites, services, or materials.<\/p>\n
\nWe welcome your comments regarding the Web Site.\u00a0 However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to\u00a0Kaleidoscope Accessories shall become and remain the exclusive property of Kaleidoscope Accessories.\u00a0 Your submission of any such Comments shall constitute an assignment to Kaleidoscope Accessories of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments. Kaleidoscope Accessories will be entitled to use, reproduce, disclose, publish, and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way.\u00a0 You agree to not send us any Comments that you do not wish to assign to us, nor to send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork of a third party.
\n
\nColors<\/strong>
\nWe have done our best to display as accurately as possible the colors of the products shown on this Web Site.\u00a0 However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor\u2019s display of any color will be accurate.\u00a0 We will have no liability for a failure of the Web Site or your monitor to accurately display product colors.<\/p>\n
\nWe make all reasonable efforts to provide information on this Web Site that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date.\u00a0 There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete.\u00a0 We reserve the right to correct any such information without prior notice (including after you have submitted your order) and the corrected information will control over any prior incorrect or incomplete information.\u00a0 We regret any inconvenience to you.\u00a0 The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.<\/p>\n
\nTHIS WEB SITE AND ALL CONTENTS ARE PROVIDED ON AN “AS IS” \u201cAS AVAILABLE\u201d BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.<\/p>\n
\nYou agree to defend, indemnify and hold Kaleidoscope Accessories Inc., its employees, directors, officers, agents, and affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys\u2019 fees, arising from or related to (a) your failure to comply with these Terms of Use or (b) any Comments.
\n
\nDisputes.\u00a0<\/strong>
\nWe strive to avoid disputes and litigation.\u00a0 However, sometimes they arise.\u00a0 This paragraph governs their settlement.\u00a0 Before commencing any action or arbitration, each of us shall refer the dispute to their respective chief executive officer (\u201cCEO\u201d) who shall attempt to resolve the dispute in direct discussions with the other CEO.\u00a0 EACH OF US CONSENTS TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF GEORGIA, WHICH SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY LEGAL ACTION ARISING FROM OR RELATING TO THESE TERMS OF USE OR OTHERWISE BETWEEN THE PARTIES INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT.\u00a0 VENUE FOR ANY ACTION ARISING UNDER THESE TERMS OF USE SHALL LIE EXCLUSIVELY IN THE STATE COURTS OF GWINNETT COUNTY GEORGIA AND THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION AND EACH OF US WAIVES AND AGREES NOT TO ASSERT ANY DEFENSES OR CLAIMS TO THE CONTRARY.\u00a0 EACH OF US WAIVES ANY RIGHT TO A JURY IN ANY ACTION INVOLVING THE OTHER.\u00a0 WITH RESPECT TO ANY CONTROVERSY RELATING TO MONIES DUE TO US FROM YOU, YOU AGREE THAT IF WE SO ELECT, WE MAY SUBMIT SUCH CONTROVERSY TO BINDING ARBITRATION TO BE HELD IN ATLANTA, GEORGIA IN ACCORDANCE WITH THE CURRENT EXPEDITED COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A PROCEEDING WITH A SINGLE ARBITRATOR AND WITHOUT ANY DISCOVERY; JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENFORCED BY ANY COURT OF COMPETENT JURISDICTION.<\/p>\n
\nIn the event any term of these Terms of Use is declared invalid or void by any court or tribunal of competent jurisdiction, such term shall be null and void and shall be deemed severed from these Terms of Use and all remaining terms shall remain in full force and effect. THE LAWS OF THE STATE OF GEORGIA WILL GOVERN THESE TERMS OF USE, without regard to its conflict of laws provisions and The United States Convention on the International Sale of Goods and the United Nations Convention on the Formation of Contracts for the International Sales of Goods will not be applied to these Terms of Use.\u00a0 Any delay or nonperformance by us caused by conditions beyond our control shall not constitute a breach of these Terms of Use by us. These Terms of Use and our confirmations constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and any products, and are intended as the final expression in complete and exclusive statement of the terms thereof and regarding all products, superseding all prior and contemporaneous orders, other contracts, representations, promises, terms, and understandings, whether written or oral.\u00a0 Except as provided elsewhere in these Terms of Use, these Terms of Use may be amended or modified only by a written document signed by both parties. You may not add to, delete from, or alter the terms of these Terms of Use or orders (without our express written consent) and, absent such consent, any additional or different terms (or deletions of terms) proposed by you will be of no force and effect.<\/p>\n