The following are the terms and conditions that govern the use of ksahai.com (the “Site” or “Website”). Please read the below page carefully. By using this Website you are agreeing to abide by these terms and conditions and other applicable law.
INFORMATION & CONTENT
Intellectual Property; Copyright
The entire body of content included on this Site, including but not limited to text, graphics, audio, video, or code is copyrighted as a collective work under the United States and other copyright and intellectual property laws, and is the property of KSAHAI, LLC (“ksahai”). The collective work includes works that are licensed to ksahai. Copyright 2022, ksahai ALL RIGHTS RESERVED. Such intellectual property is protected by federal and state law. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on the Site, or of any products or services sold by ksahai, is strictly prohibited. Customers may copy information from the Site only as may be strictly necessary for Customer’s own use to view, save, print, or transmit it. Otherwise, no portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ksahai.
Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with ksahai or purchasing ksahai products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with ksahai or to purchase ksahai products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ksahai. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
You agree that you will not and will not allow others to decompile, disassemble, reverse engineer copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of ksahai’ technology. You shall use the Site solely for your own use and shall not allow others to use the Site under or through your account.
Nothing on the Site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Site without the written permission of ksahai or the third party owner of the mark. ksahai reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others.
All trademarks, service marks and trade names of ksahai used on the Site are trademarks or registered trademarks of ksahai.
Despite our tireless efforts, ksahai cannot guarantee that our Website will be completely free of errors and/or misleading information. In the event of an error or other content related issue, ksahai reserves the right to correct such error without notification. In the event that a ksahai product is mistakenly listed at an incorrect price, ksahai reserves the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price. ksahai reserves 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 cancelled, ksahai shall issue a credit to your credit card account in the amount of the order of the product listed at an incorrect price.
Please note that all customer feedback given to ksahai shall be considered the property of ksahai. This includes all customer communication, reviews, testimonials and contact information. By releasing this information to ksahai, you are hereby giving ksahai the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of ksahai.
ksahai will not be held responsible in the event that you encounter material that you deem offensive, indecent or otherwise objectionable on the Site.
SHOPPING, PRODUCT USE & PAYMENT
Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.
By purchasing a product from ksahai you are agreeing to pay any and all charges associated with the purchased product.
ksahai reserves the right to limit quantities of products. ksahai also reserves the right to eliminate products from our Website, cancel orders or prohibit access to certain pages at any time.
Limitation of Liability
ksahai shall not be liable for any damages that result from the use of, the inability to use, or the misuse of the materials on this Site, or the products, even if ksahai has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. ksahai shall not be held responsible for any damages that occur due to an allergic reaction to ksahai products or as the result of any other unforeseen occurrence.
WEB SITE OPERATIONS
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ksahai or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
ksahai or any affiliated party is not responsible for any damages, either in contract, warranty, tort (including passive or imputed negligence), product liability, strict liability or other theory, that may result from the use of our Website.
Please note that the services provided by ksahai are available only on an as is and as available basis. ksahai is not responsible for any and all losses, whether direct or indirect, exceeding the price of the goods purchased.
Third-Party Outbound Links
In an attempt to provide increased value to our visitors, ksahai may link to sites operated by third parties. However, even if the third party is affiliated with ksahai, ksahai has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ksahai. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ksahai seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
It is illegal to use ksahai for any illegal or destructive purpose. This includes any use of the Website that could result in damaging, disabling, overloading or in any other way compromising the Website.
Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution.
USERS’ RIGHTS & RESPONSIBILITIES
Misrepresenting your identity while using the Site will be considered a clear violation of our terms of service and may result in you being banned from the Website and possibly civil or criminal prosecution.
ksahai does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, ksahai is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, ksahai reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ksahai in its sole discretion.
As a user of ksahai, you are responsible for any monetary charges resulting from your use of the Site. These fees include any claim, cause of action, demand, including but not limited to, legal, accounting and any other fees that result from the use of the Website.
Any material downloaded, accessed or otherwise obtained through the Site is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom. KSAHAI AND ALL OF ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, INCLUDING THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USAGE AS TO THE PERFOMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING , AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS.
NONE OF KSAHAI, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "KSAHAI PARTIES") MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. NONE OF THE KSAHAI PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE A SOLELY AT YOUR OWN RISK.
EACH USER OF THE SITE MAKE HIS OR HER OWN DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL FINANCIAL CRITERIA. KSAHAI IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SITE. AS A CONDITION TO YOUR USE OF OUR THE SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE KSAHAI PARTIES ARISING OUT OF OR RELATING TO THE PURCHASE OF ANY ITEMS THROUGH THE SITE.
IN NO EVENT SHALL ANY KSAHAI PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE SITE, OR THE SUBMISSION OF ANY MATERIALS VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A KSAHAI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Terms & Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ksahai without notice at any time, for any reason. ksahai reserves the right to refuse service, terminate relationships and/or cancel orders in its discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. ksahai may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to ksahai.
In the event that one or more of the provisions of ksahai’ terms of service is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law.
ksahai shall not be liable to Customer or any third party if ksahai fails to fulfill an order by a specific date if such failure is caused by supply shortage or an event of Force Majeure. “Force Majeure” includes, without limitation, an event caused by or resulting from an act of God; labor strike, lockout or other industrial disturbance; war (declared or undeclared); riot; epidemic; fire, flood, earthquake or other natural disaster or catastrophe; act of any government; and any other similar cause which is not within a party’s control.
You agree to indemnify, defend, and hold harmless ksahai, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Choice of Law; Disputes
This Agreement is governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions and as if this Agreement was a contract wholly entered into and wholly performed within the State of Florida. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Palm Beach County, Florida, for any and all disputes, claims and actions arising from or in connection with these Terms and Conditions. In any dispute arising under these Terms and Conditions, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of the Site.
Any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to this Agreement or the Site, including whether the claims asserted are arbitrable, shall be exclusively and finally determined by a single-arbiter arbitration held in Palm Beach County, Florida, under the rules of the American Arbitration Association in effect from time to time. The claims shall be governed by laws of the State of California, without regard to conflict of law rules, and the enforceability of this arbitration agreement shall be governed by the Federal Arbitration Act. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Arbitrations arising from the same or related claims may be consolidated in one arbitral proceeding.
This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter herein. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. A failure to act with respect to a breach by you or others does not waive ksahai’s right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect.
If you do not agree with any part of these terms and conditions, or you have dispute or claim against ksahai or its supplier or affiliates with respect to this agreement, you should immediately refrain from using the Site.
Aromatherapy/Essential Oils Disclaimer:
All the information, website content and product descriptions contained within this site are for reference purposes only and are not intended to substitute for advice from a licensed health care professional.
You should not use any of this information for the purpose of self-diagnosis or for treating a health problem or disease.
Information and statements provided on ksahai.com have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any health condition or disease.
If you are experiencing medical issues, you should contact your medical health care provider.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KSAHAI WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND KSAHAI RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Please feel free to contact us at firstname.lastname@example.org, if you have any questions regarding our terms of service.