Your Use Generally
Your use of the Website confirms your acceptance of these terms
and conditions and your agreement to be bound by them. If you do not
accept these terms and conditions, do not use this Website. In the event
of a violation of these terms and conditions, Maya x Kiwi reserves
the right to seek all remedies available by law and in equity. We may
terminate your access or use of this Website at any time, for any reason
or no reason and without prior notice to you. We may at any time and
from time to time revise these Terms and Conditions by updating this
posting. You should visit this page from time to time to review the then
current Terms and Conditions because they are binding on you. Your use
of this Website following any such revisions constitutes your agreement
to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website (collectively, “Content” ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Maya x Kiwi under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website, any of the Contents, or any related software; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited. Maya x Kiwi may revoke this limited license at any time for any or no reason. Any unauthorized use of Maya x Kiwi Content, such as framing, inline linking or other association with content or information not originating from the Maya x Kiwi Website is not permitted. Maya x Kiwi will aggressively enforce its intellectual property rights to the fullest extent of the law.
At Maya x Kiwi , we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the “Trademarks and Trade Dress”). Maya x Kiwi and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these terms and conditions or by your use of the Website. Unauthorized use of our Trademarks or Trade Dress in any manner is strictly prohibited.
All features, specifications, products and prices of products
and services described on this Website are subject to change at any time
without notice. From time to time there may be information on the
Website that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability. We
make no representation as to the completeness, accuracy, or currency of
any information on this Website. We reserve the right to make changes in
information about price, description, or availability without notice.
We reserve the right, without prior notice, to limit the order quantity
on any product and/or refuse service to any customer (see, Customer
Service) We have made every effort to display as accurately as possible
the colors of our products that appear on the Website; however, the
actual color you will see will depend on your computer, and we cannot
guarantee that your computer will accurately display our colors. The
inclusion of any products or services on this Website does not imply or
warrant that these products or services will be available over the
Comments and other Communications
Links may be established from this Website to one or more external web sites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that Maya x Kiwi endorses the Third Party Sites or any content therein. Maya x Kiwi does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Maya x Kiwi will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website and all Content of the Website are provided to our
customers and prospective customers “AS IS” and “AS AVAILABLE” and
without warranties of any kind, whether express or implied, INCLUDING
BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the
Website, that your use is at your sole risk. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, the
foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL Maya x Kiwi BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Maya x Kiwi IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
No implication is made that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Maya x Kiwi controls this Web Site from its offices within the State of Texas. The terms and conditions of this Website shall be governed by the laws of the state of Texas, without giving effect to its conflict of laws provisions.