Terms of service

Welcome to K-Motive! The terms "we", "us" and "our" refer to K-Motive. K-Motive operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). K-Motive is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, display settings, and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. K-Motive reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until K-Motive confirms acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it. Because many of our products are made to order and may enter production shortly after purchase, K-Motive may be unable to accommodate cancellation or modification requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to our Refund & Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that all charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, service disruptions, or other events outside our reasonable control.

For additional information regarding production and delivery, please review our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, product reviews, video, audio, logos, slogans and the design, selection and arrangement thereof, are owned by K-Motive, its affiliates or licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

K-Motive's names, logos, product and service names, designs, slogans, graphics, mirror-readable concepts, and original artwork may not be used without our prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.

Any use by you of optional third-party tools is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which such third-party tools are provided.

We may also offer new features, tools and resources through the Services in the future. Such new features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy or practices of third-party websites. If you leave the Services to access a third-party website, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content from third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

K-Motive is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our store are made directly with K-Motive.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and K-Motive, including any injury, damage or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with K-Motive.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at Shopify Privacy Policy .

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit may be transmitted to Shopify and other service providers that may operate in countries other than your country of residence. Please review our Privacy Policy for additional information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for lawful business purposes.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, that you have disclosed any compensation or incentive received in connection with the Feedback, and that your Feedback complies with these Terms.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property or other rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malware, spam, impersonate another person or entity, or engage in conduct that interferes with or restricts another person's use of the Services.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization, collect or track personal information of others without lawful authority, or interfere with security or access controls.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable or cause the deployment of software or services that take autonomous or semi-autonomous actions on behalf of a person or entity ("Agents") to access or interact with the Services.

Agents must accurately identify themselves, must not conceal automated access, must not circumvent CAPTCHAs or other access controls, and must comply with reasonable technical restrictions we use to protect the Services.

We may limit whether and how Agents access or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, in our discretion where permitted by law.

You will remain liable for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will remain in effect following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

Except as expressly stated by K-Motive and to the extent permitted by law, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, K-Motive, its affiliates, partners, officers, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless K-Motive, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from your breach of these Terms, violation of applicable law or infringement of third-party rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and K-Motive regarding your use of the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with applicable laws of the United States and the State of California, without regard to conflict of law principles, except where consumer protection laws require otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of the Services following the effective date of changes constitutes acceptance of the updated Terms.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@k-motive.com.

K-Motive
Email: info@k-motive.com