K & E Essentials LLC (“K & E Essentials,” “us,” “we,” or “our”) provides their products and services to you subject to the following terms and conditions. If you visit or shop within this website, you accept these terms and conditions. Please read them carefully.
When you visit K & E Essentials’ website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All information and content available on our website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the section below, or as required under applicable law, neither the Content nor any portion of our website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
K & E Essentials grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of K & E Essentials. This license does not include (i) any resale or commercial use of this site or its contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of this site or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of K & E Essentials. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of K & E Essentials and our associates without express prior written consent. You may not use any meta tags or any other "hidden text" utilizing K & Essentials’ name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by K & E Essentials. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of K & E Essentials so long as the link does not portray K & E Essentials, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any K & E Essentials logo or other proprietary graphic or trademark as part of the link without express prior written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years old to make a purchase on our website. If you are under 18, you may use our website only with involvement of a parent or guardian. K & E Essentials and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may be permitted to post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. K & E Essentials reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant K & E Essentials and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant K & E Essentials and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; (ii) that the content is accurate; (iii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iv) that you will indemnify K & E Essentials or its associates for all claims resulting from content you supply. K & E Essentials has the right but not the obligation to monitor and edit or remove any activity or content. K & E Essentials takes no responsibility and assumes no liability for any content posted by you or any third party.
Prices for our products are subject to change without notice. We reserve the right to discontinue or modify any of our products at any time. We also reserve the right to modify or discontinue our website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our website
Certain products may be available exclusively online through our site. These products may have limited quantities and are subject to return or exchange only according to our Shipping and Refund Policy.
All items purchased from K & E Essentials are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
K & E Essentials and its associates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by K & E Essentials itself is not as described, your sole remedy is to return it in unused condition.
THE SITE AND ITS CONTENT ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE OR ITS CONTENTS. SPECIFICALLY, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, WITHOUT NOTICE TO YOU. YOU FURTHER EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
YOU AGREE THAT IN NO CASE SHALL K & E ESSENTIALS, OUR MEMBERS, MANAGERS, 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 OTHER DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR FROM YOUR USE OF ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, 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 SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
We are not responsible for the content of any third party sites even if they are linked to or from the site. Links appearing on the site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
By visiting K & E Essentials, you agree that the laws of the state of California, United State of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and K or its associates.
Any dispute relating in any way to your visit to K & E Essentials’ site or to products you purchase through K & E Essentials’ site shall be submitted to confidential arbitration in Contra Costa County, California, USA, except that, to the extent you have in any manner violated or threatened to violate K & E Essentials’ intellectual property rights, K & E Essentials 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 conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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.
Please review our other policies, such as our Shipping and Refund policy, posted on this site. These policies also govern your visit to K & E Essentials. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We collect information from visitors to our site, including the referring URL, your demographic information, your IP address, which browser you used to come to the site, the country, state or province, the pages of our site that you viewed during your visit and any search terms entered on our site, for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site. We track visitors’ traffic patterns throughout their online sessions, including pages or specific URLs a visitor views while using the site. We use your information to diagnose problems with our servers and software and to administer our site. We may share any information that we collect on our site and demographic information with third-parties, to the extent we determine beneficial to your experience or our business.
If you provide information about yourself by purchasing our products, registering on a page, filling out a survey, subscribing to our mailing list or otherwise voluntarily telling us about yourself or your activities, we will collect and use that information to respond to your request, and for any other purpose, including identifying user preferences and improving our services and the content of this site.
We may use the information collected through automated means like cookies on this site for market research, data analytics and system administration purposes, such as to determine whether you’ve visited us before or are new to the site, to tailor ads displayed to you on our site and elsewhere and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. In addition, we may use this information to deliver a more personalized experience to you while you are on our site.
For example, we may use the information you provide to:
We may also use the information in other ways for which we provide specific notice at the time of collection.
We may share your information with affiliates with whom we have joint marketing arrangements or with other third parties. If you do not want us to share your information with our marketing affiliates, then please let us know by contacting us at firstname.lastname@example.org.
We may employ companies to perform certain functions on our behalf, such as fulfilling orders, processing credit cards, delivering packages, and services related to the design, maintenance and improvement of this site and our database and related systems. These companies may have access to certain information that you have provided to us.
We may use the services of third parties to collect and use information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. However, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.
Our site is not directed at children under the age of 13. As a result, we will not knowingly collect information from minors in the United States with or without consent from their parents or guardians
Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and may provide you with the ability to reject or delete cookies. Please note, however, that without cookies you might not be able to use all of the features of our website.
In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.
Our store is hosted on GoDaddy. GoDaddy provides us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through GoDaddy’s data storage, databases and the general GoDaddy application.
For more insight, please read GoDaddy’s Terms of Service (https://www.godaddy.com/agreements/showdoc.aspx?pageid=UTOS&app_hdr=0) or Privacy Statement (https://www.godaddy.com/Agreements/Privacy.aspx), which GoDaddy has the right to modify from time to time.
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