Terms of Use


Please Read Carefully Before Using This Website:

 

GetKailo.com maintains this site for information and communication purposes only. This webpage contains the Terms of Use governing your access to and use of the GetKailo.com website (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website

 

  1. TERMS APPLICABLE TO ALL USERS

    1. Overview - YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS MADE ON OR THROUGH THIS WEBSITE

 

This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. YOU MANIFEST YOUR AGREEMENT TO THE TERMS AND CONDITIONS IN THIS DOCUMENT BY ANY ACT DEMONSTRATING YOUR ASSENT THERETO, INCLUDING CLICKING ANY BUTTON CONTAINING THE WORDS “I AGREE” OR SIMILAR SYNTAX, OR BY MERELY ACCESSING THE WEBSITE, WHETHER YOU HAVE READ THESE TERMS OR NOT. It is suggested that you print this form for your personal records.

 

    1. Changes To Terms - GetKailo.com may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

 

    1. Jurisdiction - The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. GetKailo.com makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

 

    1. Scope of Use and User E-Mail - You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

 

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

 

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy http:// You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws.GetKailo.com shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of GetKailo.com is strictly prohibited.

 

    1. Copyrights and Trademarks - The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include GetKailo.com’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Kailo.

 

Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Kailo. You may not use a part of this Website on any other Website, without Kailo’s prior written consent.

 

    1. Links - For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Kailo does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Kailo’s website and the products and services Kailo offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Kailo reserves the right to terminate any link or linking program at any time. Kailo disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

 

You may not link to this Website without Kailo’s written permission. If you are interested in linking to this Website, please contact contact@GetKailo.com

 

    1. No Unlawful Or Prohibited Use - As a condition of your use of the Website, you warrant to Kailo that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

    1. Spamming - Gathering email addresses from Kailo through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Kailo should be directed to: contact@GetKailo.com

 

    1. Order Processing - AFTER THE PRE-ORDER PERIOD HAS ENDED, any order placed by 10:00 am mountain standard time between Monday and Friday for Standard (Ground) or Economy (SmartPost) service will be processed and shipped the same business day. Orders placed after 10:00 am mountain standard time for these levels of service will not ship until the next business day. Any order placed by 1:00 pm mountain standard time for Express service (Next Day or 2DA) will be processed and shipped the same business day. Orders placed after 1:00 pm mountain standard time for these levels of service will not ship until the next business day.

Kailo does not process or ship orders on weekends, holidays, or during severe weather conditions. Any order placed during such time will be processed and shipped the next business day. Additionally, once an order has been processed, adjustments and cancellations cannot be made.

 

    1. Shipping - Kailo currently ships within the United States, including United States territories and military addresses as well as to select international locations. International shipments will be delivered by the postal service of the destination country. Kailo uses Federal Express, United States Postal Service, or a combination of both services to ship and deliver packages. Economy service is shipped using FedEx SmartPost® wherein FedEx carries the package from Kailo’s fulfillment center to a USPS sorting facility. USPS then handles the final delivery of the package. Standard, 2-Day and Next Day services utilize only FedEx in the shipping and delivery process. Orders shipped to a PO Box must be shipped using economy service, as FedEx cannot deliver to PO Boxes. Depending on the shipping service and location, domestic shipments can take up to 10 business days for delivery. Depending on the location, international shipments can take up to 15 days for delivery. Kailo does not guarantee arrival dates or times. Kailo does not refund, credit, or upgrade shipping for any reason.

 

    1. Billing Errors - If you believe that you have been billed in error, please notify our Customer Service Department immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Kailo from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Kailo within thirty (30) days of its appearance on your credit card account statement.

 

    1. Your Representations - You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products (capital?)) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.

 

You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

 

    1. Typographical Errors - In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

    1. No Warranties - THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ADVICE SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH KAILO EXPRESSLY DISCLAIMS. KAILO DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND KAILO WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. KAILO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KAILO. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

    1. Termination - We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of use or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.

 

    1. Fraud - We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

 

    1. Sales Tax - If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Website.

 

    1. Terms and Conditions of Sale - Kailo’s products are not labeled for resale, and are intended for the personal use of the Customer only. Commercial resale of Kailo Products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use or for gifting purposes only, and not purchasing the Product with intent to resell the Product. The Customer agrees that he or she will not use Kailo as a drop shipper and that he or she will not enter order and shipment details on the Kailo website such that Kailo ships Products to his or her customers.

 

    1. Foreign Transaction Fees - In some instances, billing for your Product or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars (USD). Kailo is not liable for any import fee, duty or customs fee that may be applied to international orders.

 

    1. Governing Law, Location and Miscellaneous - These Terms of Use shall be governed in all respects by the laws of the State of Utah, Utah County, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

 

    1. Separate Agreements - You may have other agreements with Kailo. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Kailo.

 

    1. DMCA Copyright Policy and Copyright Agent - Kailo respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      2. Identification of the copyrighted work claimed to have been infringed.

      3. 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.

      4. Address, telephone number, and, if available, an electronic mail address where we may contact you.

      5. A statement that the complaining party has 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.

      6. 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.

 

The Site’s Copyright Agent can be reached at:

KAILO

Legal Department

ADDRESS

ADDRESS

contact@GetKailo.com

 

    1. U.S. Resident - You represent that you are a United States resident.

 

    1. No Professional Advice - The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, or other professional advice. This Website is not intended for use by minors. AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. INFORMATION AND STATEMENTS CONTAINED HEREIN, REGARDING DIETARY AND FOOD SUPPLEMENTS, HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, DESCRIPTIONS AND OPINIONS ARE NOT MEDICAL SUGGESTIONS. ANYONE WHO CONSUMES OR CONTEMPLATES ANY SUPPLEMENT, EXERCISE, OR DIET CHANGE SHOULD CONSULT A LICENSED PHYSICIAN FIRST.

 

    1. Users Disputes - You are solely responsible for your interactions with other Users. Kailo reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

    1. Arbitration - Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Kailo confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in UTAH, UTAH COUNTY, USA.

 

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

 

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

 

    1. Limitation of Liability - YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. KAILO SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF KAILO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KAILO. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

To the maximum extent legally permitted, whether or not the Company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover.

 

    1. Indemnity - You agree to defend, indemnify, and hold Kailo, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

  1. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

    1. Accounts And Security - Kailo does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

 

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Kailo with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

 

You may not:

(a) select or use a Login Name of another person with the intent to impersonate that person;

(b) use a name subject to the rights of any other person without authorization;

(c) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

 

You shall notify Kailo of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

 

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Kailo’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at contact@GetKailo.com

 

    1. Password - We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.