The TOU may be revised from time to time without notice to you other than appearing on the Site. The TOU will indicate when they were last revised. It is your responsibility to regularly check the Site and to review the TOU. Your continued use of the Site constitutes your agreement to all revisions to the TOU.
Provision and Modification of the Site
You may, in accordance with this Agreement, view the content on the Site and, to the extent permitted by KE321, download content or portions of content on the Site, to a single personal computer or other storage device. You may not otherwise copy, distribute, or use for financial or non-financial gains the content of the Site, or create derivative works using that content.
You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. KE321 disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site or any feature or software included in the Site. KE321 disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection or appear on the Site, and you agree that KE321 will not be liable for any such services, software, content, or advertising.
KE321 reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Site may be subject to interruptions, caused by KE321 or others. You agree that KE321 will not be liable for any modification, suspension, interruption or discontinuance of the Site.
KE321 may, in its sole discretion, terminate your access to the Site, delete any content or information that you have posted on the Site, and/or prohibit you from using the Site, at any time, with or without notice, and for any reason, including but not limited to violation of these TOU.
Disclaimer of Product Claims
KE321 does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this site. All statements and claims about the products listed on the Site have not been evaluated by the FDA. Products are not intended to diagnose, treat, cure or prevent any disease. It is advised to speak with your physician or health care provider before using dietary supplements or alternative health therapies.
Conditions on Use of the Site
KE321 grants you permission to access and use the Site as set forth in these TOU in the form of a temporary license, and in exchange you represent, warrant and agree as follows:
The temporary license granted to you shall be automatically terminated by KE321 without prior notice to you if you violate any of the conditions on use of Site. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
KE321 respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Site infringes your copyrights, you may submit a notice to KE321 via the Contact page.
Names and Trademarks
KE321, KE321.COM, KE321.CA, KE321 STORE, and other KE321 logos and product or service names are trademarks of KE321. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Sponsors, Advertisers and Third Parties
The Site may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by KE321. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by KE321. KE321 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By access or using the Site, you agree to release KE321 and the Site from any and all liability arising from your use of any third-party website, content, service, or software accessed on or through the Site.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Site, are solely between you and such third parties. You agree that KE321 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Site.
Revisions and Errata
The materials appearing on the Site could include technical, typographical, or photographic errors. KE321 does not warrant that all the materials on the Site are accurate, complete, or current. KE321 may make changes to the materials contained on the Site at any time without notice. KE321 does not, however, make any commitment to update the materials.
Additional shipping charges are subject to the delivery address and the packaging size and weight for shipments to countries outside of USA / CANADA. KE321 will contact you and inform you of additional shipping charges. A confirmation of these additional charges from you will be required before we complete your order.
You are responsible for any import duties, restrictions, tariffs, custom clearance fees, or additional taxes related to the country of the delivery address. It is your responsibility to check with the local custom authorities for restrictions or any additional charges and fees.
Please contact us for further information.
All currencies are in Canadian dollars.
All orders shipped to Canada are subject to applicable duties and taxes. Sales tax in Canada:
(Sources from: CRA, April 1st, 2013)
You can pay for your goods in various ways as set out below.
PLEASE NOTE, KE321 Store IS THE COMPANY NAME THAT WILL BE LISTED ON YOUR CREDIT CARD STATEMENT.
You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Master Card). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. We reserve the right to check the validity of the credit card its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
When paying by PayPal, KE321 Store reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. KE321 Store reserves the right to deny any purchase.
In the event that a customer charges back a payment fee after such fee was due and payable, we will treat the chargeback as a breach of business contract. We reserve the right to terminate your transaction immediately without notice. In addition, we reserve the right to send the charged back fee(s) to the customer, in which case you agree to be responsible for all collection charges or attorneys’ fees incurred as a result of our collection activities on your account. The customer will also be responsible for the credit card transaction fee (2-3%) incurred by KE321 Store that was applied on the initial purchase. In the event of a transaction made by a customer with the intention of fraud, the customer agrees to be responsible for all collection charges or attorneys’ fees incurred as a result of our collection activities on your account.
The KE321 payment processing center is in Canada. Customers may be subject to foreign currency fees depending on the card they are using.
Shipments and Returns
Packages are generally dispatched within 5 days after receipt of payment and are shipped via Canada Post (ExpeditedTM Service) with tracking information and signature. If you choose express or next day shipping options, additional charges will apply. Please contact KE321 before choosing this method.
Unopened products may be returned for any reason within 7 days of the delivery date for a store credit or refund. Please contact us and provide us with your invoice number and reason for return to receive your Return Authorization Number. KE321 must issue you a Return Authorization Number before returned products are accepted. All returns are subject to a 15% restocking fee and shipping charges are non-refundable. You are responsible for the postage on returned items unless they are defective or incorrect.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KE321 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, KE321 MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SITE WILL BE CORRECTED; OR (6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from KE321, shall create any warranty not expressly stated in these TOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KE321 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KE321 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
IN PARTICULAR, AND WITHOUT LIMITATION, KE321 WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE PROVIDED IN THESE TOU.
UNDER NO CIRCUMSTANCES WILL KE321’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO KE321 OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND KE321. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF CONTENT TO YOU BY KE321, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You agree to hold harmless and indemnify KE321, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. KE321 will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of KE321 to provide such notice will not relieve you of these obligations.
If any provision of these TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOU will remain in force.
The failure of KE321 to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Choice of Law
The agreement created by these TOU, and any dispute arising from or relating to these TOU or the provision or use of the Site, will be governed by the laws of the United States and the State of California, without giving effect to conflict of laws provisions.
Choice of Venue
Any claim, counterclaim, cause of action, lawsuit, or proceeding brought by either of the parties against the other arising out of or related to these TOU or the provision or use of the Site will be submitted to the state or federal courts sitting in Los Angeles, California, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.
Limitation of Legal Actions
You agree that regardless of any law or regulation to the contrary, any claim, counterclaim, cause of action, lawsuit, or proceeding arising out of or related to these TOU or the provision or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions or concerns about the TOU or the Site, please write to the email address listed in the Contact page of the Site.
These TOU were last revised on the 18th January, 2016..