Enjoy complimentary standard shipping on all orders.
Enjoy complimentary standard shipping on all orders.
These Terms of Use (“Terms of Use” or “Terms”) constitute an agreement between you and "bandahhservices” or “we,” “us,” or “our”) governing your use of our website at www.bandahhservices.org (the “Site”) and any other websites, pages, features, or content owned and operated by BANDAHH SERVICES that include these Terms (collectively, including the Site, the “Services”).
By accessing or using the Services in any manner, including but not limited to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Site or Blog, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree to any of these Terms, please discontinue your use of the Services immediately.
In addition, our Privacy Policy contains more information about how BANDAHH SERVICES collects, stores, and protects your information when you use the Services. The Privacy Policy also addresses the privacy rights of California consumers. Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein.
We reserve the right to modify our Terms of Use, including the Privacy Policy, at any time, and in our sole discretion. If we modify material terms to the Terms of Use, such modification will be effective after we provide you with a notice of the amended agreement . Such notice will be provided in our sole discretion, and the manner of the notification may include email, posted notice on the Site, or other manner.Your failure to cease use of the Services after receiving notification of any modification will constitute your acceptance of the modified Terms.
If you do not agree to any of the Terms or any changes to the Terms, you are not authorized to use, access or continue to access the Services, and must discontinue any use of the Services immediately.
Certain services offered through the Site may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product & service descriptions, prices, and restrictions posted on the Services, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.
If you are below the age of consent under applicable law in the jurisdiction in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf. BANDAHH's Site and online services are not directed toward individuals under the age of 13. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
To use certain Services, you may need to create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify BANDAHH SERVICES if you discover or suspect that your account has been hacked or its security has been breached.You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You may never use another person’s Account or registration information for the Site without permission. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.
You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted.Without limiting the foregoing, you may not use the Services:
You are solely responsible for all content you may submit to the Services or share with other users of the Services (“User Content”). You warrant and represent that your User Content does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, state or local law, rule or regulation. BANDAHH SERVICES has the right in its sole and absolute discretion to remove User Content.The Site may pull content from our users who share photos and videos on Instagram or other social media services using our brand hashtags or tagging the @BANDAHHSERVICES account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in BANDAHHSERVICES emails and on the Services, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your account. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyright, trademark and other intellectual property rights.
By uploading any User Content you hereby grant BANDAHHSERVICES and its successors and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your account or use of the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, contract rights, copyright, trademark, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyright or “moral” rights or claim resulting from our alteration of the User Content or any submissions, photographs, footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint BANDAHH SERVICES as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, we can own and protect the rights in any derivative works created from your User Content, and we can have the User Content removed from any other website or forum.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and non-proprietary and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
We have no obligation to, but reserve the right to, monitor, flag, delete, or refuse to reproduce any User Content we believe may be in violation of these Terms, and to cancel any order based on such User Content. Under no circumstances will KINLÒ be liable in any way for any loss of any User Content. The Site is not intended as a storage depository for User Content, and you are responsible for retaining copies of your User Content.
If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services, and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that mobile device service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. By accessing or using any Services via a mobile device, you agree to these Terms.
The Services are owned and operated by us in the United States. You are responsible for compliance with any local laws if you access or use the Services from anywhere else. The Products displayed on the Site can be ordered and delivered only within the United States. All prices displayed on the Services are quoted in U.S. Dollars, and are valid and effective only in the United States.
All Products should be used strictly in accordance with their instructions, precautions and guidelines.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.
You should always check the Product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any Products or information in the Services before using or relying on them. Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician. BANDAHHSERVICES does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource.
Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration (FDA) or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through BANDAHHSERVICES are not intended to diagnose, treat, cure or prevent any condition or disease.
While BANDAHHSERVICES has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your order and may limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/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 email, billing address and/or phone number provided at the time the order was made, and we will either not charge you or will refund the charges for orders that we cancel or do not process. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All prices displayed on the Services are quoted in U.S. Dollars, are exclusive of any applicable local, state, or federal taxes, and are valid and effective only in the United States. Shipping and handling fees, if any, will be reviewable prior to submitting your order. We strive to provide accurate pricing information regarding the Products. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, not to process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If an error occurs, we will notify you by email and may refund the payment for such order. Product prices are subject to change without notice.
All payments through the Services are processed using a third-party processor. If you wish to purchase a Product or any service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order. After you place your order, we will send you a confirmation email.
The Site may contain information regarding the availability of Products. In rare cases, a Product may be shown as in stock when you place the order, but becomes sold out prior to our processing of the order. Should this happen, we will notify you by email, and offer you an option to cancel the item and receive a refund, or offer you an option to delay receipt of the product. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse (ie; ‘pre-order’). When you pre-order these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order.
We may offer subscription services that consist of an initial one-time charge, followed by automatic recurring period charges as agreed to by you. All subscription fees will be posted on the website at the time of your subscription. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) BANDAHHSERVICES (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE RECURRING PERIODS (E.G., MONTHLY) UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS.
You may modify or cancel your subscription at any time by emailing us at info@bandahhservices.org logging into your account and following the cancellation procedures there, or calling customer service. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. Cancelations that occur following a completed transaction will not be applied until the following subscription period. All recurring payments are fully earned upon payment.
Excluding pre-orders, your order will be fulfilled by the delivery date set out at time of the transaction or in your order confirmation. If no delivery date is specified, then you will receive your order within 30 days after the date of the order confirmation, unless there are exceptional circumstances, at which point we will inform you of a new estimated delivery date.
Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will contact you. Products within the same order cannot be delivered to different addresses.
Ownership of the Product ordered will also pass to you upon your receipt of the Product, provided full payment of all sums due in respect of the Product, including any delivery charges, has been received. Once received and paid for, the Product ordered will be at your risk.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe a Product was delivered in a damaged or faulty state or has developed a fault, you should inform us as soon as possible, preferably in writing, and follow instructions provided by our customer service department.
Except for Products which are final sale, we accept returns and exchanges if requests are submitted within 30 days of you receiving the order in its entirety. To return or exchange a Product, please email us at , logon to your bandahhservices account and following the returns and exchanges procedures there, or call customer service.
Upon receiving the returned Product(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Please refer to our ‘Returns and Exchanges’ Policy for more information.
BANDAHHSERVICES owns, licenses, or controls all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on the Site and in the Services (collectively, “Content”), including but not limited to the design, structure, selection, expression, “look and feel” and arrangement of such Content, some or all of which is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.The Content is provided to you “as-is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, sold, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, mobile application or other medium for publication or distribution or for any commercial enterprise without BANDAHHSERVICES express prior written consent.
You may use information about us and its Products purposely made available by bandahhservices for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copy of such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
The trademarks, service marks, and logos of bandahhservices (the “bandahhservices" Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of bandahhservices. Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any bandahhservices Trademark without our prior written consent specific to each such use.
BANDAHHSERVICES is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances.
To report an intellectual property issue other than those related to the DMCA (see below), please email us at info@bandahhservices.org. We may, in our sole discretion, limit, suspend, or terminate any user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies or Terms (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
BANDAHHSERVICES will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material on the Site. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to our designated AGENT.
ATTN:
BandAhh Services
22099 Happy Trails Highway PO Box 1441 Apple Valley, California 92307
Any such notice should include the following:
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated DMCA agent listed above, provided that such counter-notification must be in writing and contain the following required information:
1. If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
The Services may contain links or access to third-party web sites or services that are not owned or controlled by us (“Third-Party Services”). A description or link to Third-Party Services does not imply our endorsement of the Third-Party Services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services. We encourage you to review the policies of any third-party sites you visit.
You agree to release, indemnify, defend, and hold harmless BANDAHHSERVICES, its affiliated companies and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, business associates, suppliers and representatives (the BANDAHHSERVICES Entities”) from and against any actual or threatened claims, actions, demands, liabilities, costs, damages, settlements, and expenses (including interest, penalties, and attorney, accounting and expert witness fees) (“Liabilities”) incurred by any BANDAHHSERVICES entity in any way arising out of or relating to your breach of these Terms, applicable law or our other policies referenced in these Terms, including but not limited to your use of the Site or any use of your User Content that infringes the rights of third parties. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, if we assumes defense and control of such matter, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any Liabilities subject to indemnification by you.DISCLAIMERS
BANDAHHSERVICES PROVIDES THE SITE AND CONTENT ON AN “AS-IS” BASIS., TO THE MAXIMUM EXTENT PERMITTED B Y LAW, THE KINLÒ ENTITIES MAKE NO WARRANTIES OR THE SERVICES OR CONTENT, THE BANDAHHSERVICES ENTITIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
IN NO EVENT SHALL ANY BANDAHHSERVICES ENTITY BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (i) THESE TERMS OR THE SERVICES, AND (ii) ANY ACTS OR OMISSIONS OF ANY OF THE ENTITIES IN CONNECTION WITH THESE TERMS OR THE SERVICES.
THE MAXIMUM REMEDY AVAILABLE TO YOU UNDER THESE TERMS AND IN CONNECTION WITH THE SITE AND SERVICES IS $250 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE BANDAHHSERVICES ENTITIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FOR NEW JERSEY RESIDENTS, THE LIMITATIONS SET FORTH ABOVE ARE INAPPLICABLE WHERE ATTORNEYS’ FEES, COURT COSTS, OR OTHER DAMAGES ARE MANDATED BY STATUTE EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
r for purposes of either party enforcing an award granted to it pursuant to arbitration, the Parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). The Parties expressly consent to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in the state or federal courts located in Los Angeles County, California for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction in such courts in any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the KINLÒ Entities in connection with these Terms or the Services.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Services at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and deletion of all information associated with your account. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of California without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or may arise between you and BANDAHHSERVICES relating to use of any aspect of the Services.ENTIRE AGREEMENT
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and BANDAHHSERVICES..
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
In construing or interpreting these Terms, headings are for convenience only and do not have any substantive meaning or interpretive value.
You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms are to the benefit of, and are binding upon, the Parties and their respective legal representatives, successors, and assigns.
22099 Happy Trails Highway PO Box 1441 Apple Valley, California 92307
760-885-1711
For assistance, please email us to
info@bandahhservices.org
Copyright © 2024 BandAhh Services - All Rights Reserved.
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