Welcome to www.kinninc.com (the “Website”) that is owned, operated, licensed or controlled by Kinn, Inc. (collectively “Kinn,” “we,” “our,” or “us”) to offer and sell innovative pet products to strengthen the relationship between pets and their people by supporting an active lifestyle (the “Products”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website.
You acknowledge and agree that by opening, accessing, using or browsing the Website including all content available on or through the Website, you consent to this Agreement. If you do not agree to abide by this Agreement, please do not use the Website. Furthermore, in order to use the Website, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this Agreement. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase Products on the Website.
You are not required to register in order to access the Website. However, in order to use certain features including, without limitation, to make purchases through the Website or to post your comments or feedback on the Website, you will have to register and create a unique, password-protected account (“Account”). You agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current and complete at all times. We reserve the right to delete Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and for any actions under your password and Account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that the Website may use and contain proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through the Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (collectively, “Website Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Website Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Website Content. Kinn and certain other of the words and logos displayed on the Website and which may or may not be designated on the Website by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (“Marks”) of Kinn or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Kinn or their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with prior written permission from us or the third party that may own the trademark or copyright of information displayed on the Website.
The Website also allows you to post your comments and feedback regarding the Website and our Products (“Feedback”) subject to the following terms. We welcome your Feedback but do not accept confidential or proprietary information. Accordingly, all Feedback disclosed, submitted or offered to Kinn through the Website or otherwise shall be deemed to be non-confidential. Kinn shall be free to use your Feedback on an unrestricted basis without payment of any compensation. You hereby represent and warrant that your Feedback is original to you and that you have the full right and authorization to submit your Feedback to us and that no other person or entity has or shall have any right, title or interest in or to your Feedback that may conflict with our rights and obligations under this Agreement.
However, we do not accept or consider unsolicited ideas, including ideas for new or improved products, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Kinn or any of its employees. If, despite our request, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submission: (1) your Submission and its content will automatically become the property of Kinn, without any compensation to you; (2) Kinn may use or redistribute the Submission and its contents for any purpose and in any way; (3) there is no obligation for Kinn to review the Submission; and (4) there is no obligation for Kinn to keep your Submission confidential.
Subject to your acceptance and compliance with this Agreement, Kinn hereby grants you permission to access and use the Website, provided that you shall not (and not allow third party to): (i) download, modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or store any Website Content for other than your own personal, non-commercial use that includes a prohibition on any collection and use of any product listings, descriptions, or prices; (xii) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph. We reserve the right to prohibit conduct that we deem in our sole discretion to be unlawful or harmful to you, the Website, other users, our customers or any rights of Kinn or any third party.
Placing an Order: Acceptance
Please follow the instructions on the Website to place orders for the Products. Your order constitutes an offer to us to buy the Products. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). Please note that Order Confirmation does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those Products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products that may have been part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Product is no longer in our inventory.
Prices are subject to change without notice. We will correct any pricing errors on the Website as and when discovered. The Website contains a number of Products and despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price, we will charge the lower amount when shipping the Products to you. If the correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection. We shall not provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
Availability of Products may change without notice. On occasion, you may be able to place a Product in your shopping cart and submit your order for processing, but your order may be subsequently cancelled due to unavailability of Product. You acknowledge that Products may sell quickly and there may be a short period of time after an order has been placed, but where the Product is no longer available. You agree that we may cancel your order even after you have received an Order Confirmation without penalty. On occasion, you may receive a Shipping Confirmation, but the Product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the Product you ordered due to unavailability.
Risk of Loss
All Products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Description of Products
We attempt to describe the Products as accurately as possible. However, we do not warrant that the description of the Products or other content on the Website is accurate, complete, reliable, current or error-free. If the Products turn out to be not as described, your sole remedy is to return them in unused condition.
Payment Terms and Taxes
All payments must be made by one of the payment methods accepted by us as set forth on the Website at the time of your purchase. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses in the states or localities that we deem is required.
If you are paying by a credit or debit card, please be sure to provide your exact billing address and telephone number – the address and phone number your card company has on file for you. Incorrect information may cause a delay in processing your order. If you ship your order to an address that is different from your billing address, as a security measure to protect our customers against fraud we will confirm your card has this alternate shipping address on record. To expedite the processing of your order, please call your card company and provide them with your alternate shipping address.
Shipping and Delivery Policy
Purchases made via the Website may only be shipped within the 50 U.S. states and the District of Columbia. We do not ship to P.O. Boxes or APO addresses. We may offer different shipping methods. Unless otherwise expressly set forth on the Website, you will be charged a shipping fee, depending on the shipping method you choose. If there is a shipping charge, it will added to your total at the time of checkout.
You expressly agree that your use of the website and the products shall be at your sole discretion and risk. The website and the products are provided on an “as is” and “as available” basis without any warranties of any kind, express, implied, or statutory. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of the website and products, and any website content, including any reliance on the accuracy, completeness or usefulness of such content. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the website, website content contained thereon or any products obtained through the website.
We are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. We make no warranty and shall not be liable for products, information or other material or content displayed, purchased or obtained through or from the website and any transactions entered into or through the website. We make no warranty that (i) the website will meet your requirements; (ii) access to the website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; (iv) the quality of any products obtained by you through the website will meet your expectations (unless otherwise expressly stated); (v) any errors in the website will be corrected.
The website may contain and transmit facts, views, opinions, statements and recommendations of third party individuals and organizations. We do not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information or content displayed, uploaded or distributed through the website. Any reliance upon any such opinion, advice, statement, information or content is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
In no event shall Kinn or its affiliates, employees, agents or licensors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website and products, including but not limited to reliance by a user on any information obtained at the website, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if we have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all website content and products available through the site. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages so some of the above limitations may not apply to you.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of your subscription.
Intellectual Property Policy
Policy. If you believe that your rights under intellectual property laws are being violated by any Website Content posted on or transmitted through the Website, or any Products advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Website Content and/or advertisements. It is our policy to comply with the Digital Millennium Copyright Act (“DMCA”) by disabling access to infringing materials, and terminating access of repeat infringers to the Website.
Copyright Notice. Copyright owners or any agents thereof who believe that any Website Content, or any Products advertised on the Website, infringe upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to our designated agent as follows:
c/o Kinn, Inc.
26895 Aliso Creek Rd.
Aliso Viejo, CA 92656 USA
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The Website may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that Website provides links to or that provide links to the Website, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third-party advertisements that are posted on the Website, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of this Agreement or is harmful to the interests of other users or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to this Agreement.
Dispute Resolution. If any dispute relating in any way to this Agreement or the Policies or your use of the Website or to Products you purchase through the Website shall be submitted to confidential arbitration in Orange County, Calif., USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be submitted to JAMS to be conducted under its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Assignment. You may not assign or transfer this Agreement, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.