Effective Date: 4/11/22

IMPORTANT NOTE: THESE TERMS OF USE REQUIRE BINDING ARBITRATION OF DISPUTES AND WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION BELOW. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES IN ANY WAY, AS THEY CONTAIN IMPORTANT INFORMATION.

OVERVIEW

This website and any products or services are provided by Kai Bands LLC (“KAI Bands”). Throughout the website, the terms “we,” “us,” and “our” or the like, refer to Kai Bands.  Any person accessing or using (i) the website and any associated webpages, including, without limitation, www.Kaibands.com (collectively, the "Websites"); or (ii) any of our products or services is referred to as "you". Kai Bands offers the Services (defined below), including all information, tools, and services available from the Services, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting the Websites, using any function on the Websites (e.g., signing up for our mailing list or registering for an account) and/or purchasing any products or services from us, you engage in our “Services”  and agree to be bound by these terms and conditions (“Terms of Use” or “Terms”), including any additional terms and conditions and policies referenced herein and/or available by link, such as our Mobile Message Service Terms and Conditions available at https://www.deucebrand.com/pages/sms-text-policy and our Privacy Policy available at https://kaibands.com/pages/privacy-policy.  These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. We may also, in the future, offer new services, tools, and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

You can review the most current version of these Terms at any time on this page.  We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof). It is your responsibility to check this page periodically for changes or modifications. If you do not agree with any such updates, changes, or modifications, do not continue to use the Services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.  Submissions to, and use of, the Services are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Websites, the Websites are not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Websites. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws). 

You acknowledge and agree that you may only purchase Services from us solely for your own personal, non-commercial use. You may not purchase any Services for further distribution or resale or for any other commercial or business purposes.

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

A breach or violation of any of the Terms will result in our ability to immediately terminate your ability to access or use the Services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, without our express written permission.

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

SECTION 3 - USER ACCOUNTS

Use of some of the Services may require you to register for an account (“Account”). There is a limit of one Account per individual and you may only establish an Account if you are 18 years of age or over.  

To establish an Account, you must complete the free registration process on the Websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an Account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and/or use of the Services. By establishing an Account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the Account. You are responsible for maintaining the confidentiality of your Account information and password and for restricting access to such information and to your computer. Please immediately notify us using the contact information below if you believe that information you provided to us is no longer secure or if you need to deactivate your Account. All activities that occur under your Account or password will be your responsibility.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Except to the extent required by applicable law, we are not responsible if information made available through the Services is not accurate, complete, or current. All materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Websites is at your own risk.

The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites. 

You agree that it is your responsibility to monitor changes to the Websites.

SECTION 5 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice.

Except to the extent required by these Terms or applicable law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof).

SECTION 6 - SERVICES

Certain Services may be available exclusively online through our Websites. These Services may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy available here: https://kaibands.com/pages/privacy-policy. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services and any related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on the Websites is void where prohibited.

Except as otherwise set forth in these Terms, we do not warrant that the quality of the Services purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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 Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole 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  through the Services. You agree to promptly update your account and 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.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 9 - THIRD-PARTY LINKS

Third-party links made available through the Services may direct you to third-party websites that are not affiliated with us. Any inclusion of third-party links does not imply endorsement by us. We are not responsible for examining or evaluating the content or accuracy on such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third-party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us for such Feedback.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy. You can view our Privacy Policy at https://kaibands.com/pages/privacy-policy. As stated in our Privacy Policy, we use reasonable safeguards to protect your personal information, but we cannot guarantee or warrant the security of your personal information.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information made available through the Services that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, inconsistencies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services, including without limitation, pricing information, except as required by law or these Terms. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or Internet. Except as otherwise set forth in these Terms or prohibited by law, we reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14 - OWNERSHIP AND INTELLECTUAL PROPERTY

The Services contain copyrighted and proprietary subject matter. The Websites are the property of Kai Bands, its suppliers, and/or its licensors and are protected by U.S. and international copyright laws. You acknowledge that all such rights are valid and enforceable. You may not remove or obscure any copyright or other proprietary notices contained on the Services. You are not permitted to use any trade names, trademarks, service marks, trade dress, and related logos of Kai Bands and its affiliates and licensors (collectively, the “Marks”) unless you first receive prior written consent to do so from Kai Bands or the third party that may own such Marks.

SECTION 15 - SERVICE TESTING AND AVAILABILITY 

Except as otherwise set forth in these Terms or required by applicable law, we do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from use of the Services will be accurate or reliable. We test various aspects of the Websites, including the platform, user interfaces, service levels, plans, features, and availability. You agree that from time to time we may remove functionalities within the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

SECTION 16 - DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND KAI BANDS DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 17- LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL KAI BANDS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITES, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KAI BANDS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE GREATER OF $25 OR THE AMOUNT PAID BY YOU TO KAI BANDS FOR ACCESS TO THE SERVICE AT ISSUE WITHIN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THE LIMITATION OF LIABILITY SET OUT IN THIS SECTION 17 DOES NOT APPLY TO LIABILITY RESULTING FROM KAI BANDS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kai Bands, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (a) breach of these Terms or any documents or terms they incorporate by reference; (b) your access to, use, misuse, or alleged misuse of the Services; or (c) your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, but such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated.

Except as otherwise set forth in these Terms or required by applicable law, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Violation of these Terms may also result in actions taken by us including (i) temporarily suspending your access to the Services (or any part thereof), or (ii) permanently denying you access to our Services (or any part thereof).

Termination will not limit any of our other rights or remedies.

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on or through the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 – AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and Kai Bands agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.  

WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 22 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through Judicial Arbitration and Mediation Services (“JAMS”). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Kai Bands must do the following:

• Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;
• Send three copies of the "Demand for Arbitration," plus the appropriate filing fee to your local JAMS office or to: JAMS, 401 B Street, Suite 2100, San Diego, CA 92101; and
• Send one copy of the "Demand for Arbitration" to the other party.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. If traveling to San Diego, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator or the parties may agree arbitration will be held in the largest city in your state within 100 miles of where you live. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Kai Bands, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Kai Bands in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at info@kaibands.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using any of the Services.

SMALL CLAIMS OPTION:You and Kai Bands agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute should be decided in small claims court.

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 22 permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California.

SECTION 23 - NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

Kai Bands

C/O  Deuce Brand Inc.

8340 Vickers Street, Suite E

San Diego, CA 92111 USA

 Or email: info@kaibands.com

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

SECTION 24 - INTERNATIONAL USE

As described in our Privacy Policy, please be aware that we are headquartered in the United States and that the Services are governed by United States law. If you are using the Services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

If you use the Services outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Kai Bands or its affiliates to any registration requirement within such jurisdiction or country.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms should be sent to us at info@kaibands.com.

For general questions, feel free to call us at 877.443.3823 Monday-Friday, 9am-5pm PST or email us at info@kaibands.com