Company Store Agreement
Date of Last Revision: August 31, 2021
2. Scope. This Agreement governs your use of the Store Website and purchase of Products through the Store Website. The Store Website may contain links or other references to third-party websites, products, and information (collectively, “Third-Party Products”). Such Third-Party Products are governed by their own terms and conditions and not this Agreement. RebelKitchen is not responsible for such Third-Party Products, and any link or reference to such Third-Party Products is not an approval or endorsement of those Third-Party Products by RebelKitchen. If you decide to access such Third-Party Products, you do so at your own risk, and RebelKitchen shall have no liability to you in connection therewith.
3. Minimum Age. The Store Website and Products are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Store Website and Products are not intended to be used by individuals under the age of 18. If you do not qualify, please do not access the Store Website or purchase any Products.
4. Modification. RebelKitchen reserves the right, in its discretion, to change, modify, add to, or remove portions of the Agreement (collectively, “Changes”) at any time. RebelKitchen will notify you by posting to its Store Website a revised version of the Agreement incorporating the Changes. Your continued use of the Store Website, or purchase of Products, following posting of the Agreement incorporating the Changes means you accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Store Website.
5. Product Orders. RebelKitchen cannot guarantee the availability of any particular Product displayed on the Store Website and reserves the right to discontinue the sale of any Product at any time without notice. The prices displayed on the Store Website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling charges or sales, value added, or any other applicable taxes, which will be added to your total purchase price at the time of check out and charged to the payment method you use. RebelKitchen reserves the right to revoke any stated offer and to correct any Product pricing errors, inaccuracies, or omissions at any time (including after Product orders have been submitted and accepted).
6. Returns. Claims for defective, damaged or misprinted Products must be submitted within 10 days after the Product has been delivered. For orders sent to the wrong address, RebelKitchen will not cover shipping charges if the courier considers the address provided to be insufficient. You must Contact RebelKitchen at email@example.com begin the return process. Please return Products in their original packaging, include the original packing slip with a circle around the Product(s) you are returning.
7. Limitations of Liability.
7.1. Excluded Damages and Theories. REBELKITCHEN AND ITS SUPPLIERS AND AFFILIATES ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR USE OF THE STORE WEBSITE OR ANY PRODUCTS YOU PURCHASE THROUGH THE STORE WEBSITE, AND WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT REBELKITCHEN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. Aggregate Liability and Claim Time Limits. REBELKITCHEN AND ITS SUPPLIERS AND AFFILIATES WILL IN NO EVENT BE LIABLE IN THE AGGREGATE FOR MORE THAN THE AMOUNT ACTUALLY RECEIVED BY REBELKITCHEN FROM YOU FOR THE PRODUCTS YOUR PURCHASED. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE STORE WEBSITE, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED, OTHERWISE SUCH CLAIM AND CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
7.3. Jurisdictional Limitations. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF REBELKITCHEN AND ITS SUPPLIERS AND AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7.4. Survival of Limitations of Liability. SECTIONS 7.1 THROUGH 7.3 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT.
8.1. General. THE STORE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND YOUR USE THEREOF WILL BE AT YOUR OWN RISK. PRODUCTS MAY BE ADDED, REMOVED, OR MODIFIED AT ANY TIME WITHOUT NOTICE TO YOU. REBELKITCHEN AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2. Specific. REBELKITCHEN MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR CONTENT OF THE STORE WEBSITE, PRODUCTS, OR THIRD-PARTY PRODUCTS, AND REBELKITCHEN ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH.
8.3. Third-Party Products. THE REFERENCE TO, OR AVAILABILITY OF, THIRD-PARTY PRODUCTS IN CONNECTION WITH THE STORE WEBSITE DOES NOT CONSTITUTE, AND WILL NOT BE CONSTRUED AS CONSTITUTING, ANY ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION BY OR WITH REBELKITCHEN WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS.
9. Governing Law and Jurisdiction. This Agreement, and all disputes arising out of or relating to this Agreement, will be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of such jurisdiction or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any legal suit, action or proceeding arising out of or relating to the Agreement will be instituted in the federal or state courts located in or nearest Kailua-Kona, Hawaii, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.