Last Revised: June 26, 2023
TERMS OF SERVICE
This website is operated by Kizik Design, LLC (“KIZIK”). Throughout the site, the terms “we”, “us” and “our” refer to KIZIK. We offer the services of our website (“Website”) and SMS/MMS Mobile Messaging Program (collectively, “Services”) to you only if you are 13 years of age or older and if you agree to these Terms of Service. Please read these Terms of Service carefully before accessing or using our Website. By visiting our website or otherwise using our Services, you warrant and represent that you meet all of the foregoing eligibility requirements and agree to be bound by these terms and condition, including those, such as our Privacy Notice, referenced or linked herein. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. These Terms of Service are an offer, and acceptance is expressly limited to these Terms of Service.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Services thereafter. It is your responsibility to check this page periodically for changes and you agree that your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
By placing an order using our Services, you warrant and represent that you have capacity to form a binding contract with us because (1) you are at least the age of majority in your state or province of residence or (2) you have been granted such capacity by court order, operation of law, or other legal act.
In our discretion, a breach or violation of any of these Terms of Service may result in an immediate termination of your Services, and, in any event, we reserve the right to refuse service to anyone for any reason at any time.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
You agree that your communications with the Service, except for credit card information, may involve unencrypted transmissions over public networks.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness, usefulness, or suitability for any purpose. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Occasionally, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. You agree that we may correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Services including without limitation, pricing information, except as required by law.
The Website may include content provided by third parties, including materials provided by other users. Such content and materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any such content and materials.
All products sold on our website are subject to return or exchange only as set forth in our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools and materials over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You agree that your use of optional tools in the Services is entirely at your own risk. We recommend that you familiarize yourself with and approve of the terms on which tools are provided by the relevant third-party providers.
Moreover, links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, use them in any medium any comments that you forward to us. You agree that we shall have no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content for any reason. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. Moreover, you acknowledge that customer reviews and comments are not approved Kizik endorsements. To the extent that a customer review or comment claims that any of our products provide a specific health benefit, such reviews or comments are exclusively the option of the customer and have not been verified by our testing, research, or studies except unless we explicitly so note in the Service.
We process personal information in our Services as explained in our Privacy Notice. Click here for our Privacy Notice.
You agree you will not use our Service for any illegal or unauthorized purpose nor may you, violate any applicable laws, particularly including copyright laws, in your use of the Services.
You also agree not transmit any malicious or destructive code, such as worms or viruses.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) in any manner intended to interfere with or circumvent the security features of the Service, other websites, or other services or devices on the Internet.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may interrupt the service for indefinite periods of time or cancel the service at any time, without notice to you. You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.
In no case shall we (including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and 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 similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. 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 fullest extent permitted by law.
Any cause of action or claim you may have arisen out of or relating to these Terms of Service must be commenced within one year after the cause of action accrues; otherwise, you agree that such cause of action or claim shall be permanently barred.
You agree to indemnify, defend, and hold us harmless, along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service (including the documents they incorporate by reference), or your violation of any law or the rights of any third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.
These Terms of Service, including any materials incorporated by reference, constitute the entire agreement between us. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any dispute thereunder shall be governed by and construed in accordance with the laws of the State of Utah without applying Utah’s choice-of-law rules.
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 15 - SMS/MMS MOBILE MESSAGES
We offer a mobile messaging program (the “Program”). If you elect to participate in the program, you can expect to receive messages concerning the marketing and sales of our products, including checkout reminders. Your participation in this Program is subject to these Terms of Service, including this section, and our privacy notice. By opting in to or participating in our Program, you also agree to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.
Opt-In: The Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive a message to confirm your opt-in and to receive marketing mobile messages at the mobile device associated with your opt-in. Your opt-in is not required to make any purchase. If you opt-in, you may receive messages that are automated, autodialed, or prerecorded. However, while you consent to receive messages sent using an autodialer (also known as an “automatic telephone dialing system” or “ATDS”), the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Your carrier’s charges for messages and data may apply. Message frequency varies.
Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may opt out at any time. You agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to notify us that you wish to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out and agree to receive this confirmation message. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests other than the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that opt-outs must be submitted in accordance with the procedures set forth above.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program , you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program .
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Vineyard, Utah before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Kizik’s principal place of business is located, without regard to its conflict of laws rules. Within ten calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
State Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
In addition, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.