\Welcome to Kiyonna Online ("Site"). Please review the following terms of service that govern your use of the Site (the "Agreement"). Please be aware that your use of the Site constitutes your agreement to be bound of the following:
Kiyonna reserves the right to changes the terms of service of the Site at any time. Kiyonna may also, from time to time, change, move, delete portions of, or add to, the Site.
Unless otherwise noted, all material including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site (collectively, the "Contents") are properties of Kiyonna.
The Contents of the Site and the Site as a whole are intended solely for non commercial personal use by the users of the Site. As such, you may not reproduce, copy or download any of the Contents contained within the Site for anything other than personal use.
User Comments and Feedback
All comments, feedback and other submissions disclosed, submitted or offered to Kiyonna in connection with your use of this site (collectively, "Comments") shall remain the property of Kiyonna.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal property right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
The products displayed at the site are available through Kiyonna in the United States and select foreign markets while supplies last. The prices displayed at the Site are in U.S. dollars.
Kiyonna has made every effort to display as accurately as possible the colors of Kiyonna merchandise that appear on the Site. However, the actual colors that your see will depend on your monitor and video card, and Kiyonna cannot guarantee that your monitor's display of the colors of Kiyonna merchandise will be accurate.
Kiyonna may have links to outside services, products and resources("Outside Site(s)"). However, Kiyonna does not control the availability and content of such Outside Sites, and any concerns regarding any such Outside Sites should be directed to the particular Outside Site.
Kiyonna Messaging Terms & Conditions
You may subscribe by texting the advertised subscription keyword. Once subscribed, you agree to receive recurring automated marketing (e.g., cart reminders) and informational text (e.g., SMS and MMS) messages from Kiyonna, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message & Data rates may apply.
Message frequency will vary. Kiyonna reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Kiyonna also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Kiyonna, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. These mobile terms are subject to change at any time without notice.
Text the keyword STOP to 27977 to cancel. After texting STOP to 27977 you will receive one additional message confirming that your request has been processed. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Kiyonna through any other programs you have joined until you separately unsubscribe from those programs.
If you are experiencing any problems, please visit https://www.kiyonna.com/CTUS.html and submit the form with details about your problem or your request for support. You may also text HELP to 27977 for assistance.
This message program is a service of Kiyonna, located at 1315 N Brasher St, Anaheim, California 92807.
(a) General. In the interest of resolving disputes between you and Kiyonna in the most expedient and cost effective manner, you and Kiyonna agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Kiyonna or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Kiyonna or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Kiyonna ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
(b) Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Kiyonna to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and Kiyonna will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kiyonna. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice; Process. If you or Kiyonna intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Kiyonna address for Notice is: 1315 N Brasher St, Anaheim, California 92807, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Kiyonna will make good faith efforts to resolve the claim directly, but if you and Kiyonna do not reach an agreement to do so within 30 days after the Notice is received, you or Kiyonna may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Kiyonna must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Kiyonna will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Kiyonna for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Kiyonna agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Kiyonna made within 14 days of the arbitrator's ruling on the merits.
(e) No Class Actions. YOU AND Kiyonna AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kiyonna agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
(f) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Kiyonna makes any future change to this arbitration provision, other than a change to Kiyonna address for Notice, you may reject the change by sending us written notice within 30 days of the change to Kiyonna address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Kiyonna.
(g) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND KIYONNA EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK.
You agree to defend, indemnify and hold Kiyonna harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the site.
Unless otherwise specified, the Site and the Contents thereof are displayed solely for the purpose of promoting Kiyonna merchandise. The Site is controlled and operated by Kiyonna from its offices in Anaheim, California.
This Agreements shall be construed in accordance with the laws of the State of California, without regard to any conflict provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Orange.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.