WELCOME TO KJGANT.COM
You are visiting a website (the “Website”) that is property of Kijana Gant d/b/a Kijana, KJ Gant, and/or its affiliates or subsidiaries (collectively, ). The following terms and conditions of use (the “Agreement”) govern your use of the Website and its Contents, as defined below.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Be advised that your use of the Website constitutes your agreement to follow and be bound by the Agreement described Herein and all terms incorporated by reference. We reserve the right to update or modify the Agreement at any time without prior notice. If you do not agree to all of the terms and conditions set forth herein, do not access or use the Website or any information contained in the Website.
Any changes or modification will be effective immediately upon posting of the revisions on the Website and shall apply to all use of the Website and all acts or omissions occurring after the effective date of the revised Website Terms.
You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Website Terms and applicable policies, as convenient to you, in order to understand the terms and conditions that apply to your use of the Website.
If you do not agree to the amended terms, your permission to use the Website will terminate and any further use will be unauthorized.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU MAY CONTACT US AT firstname.lastname@example.org
INTELLECTUAL POLICY AND CONTENTS/TRADEMARK/COPYRIGHT COMPLAINTS
Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”) are owned, controlled or licensed by Kijana Gant and are protected by copyright, trade mark and applicable intellectual property and common law rights. Except for the rights specifically granted by this Agreement, the Website or its Contents cannot be used, copied, licensed or sub-licensed for any purpose without the express written consent of Kijana Gant. Kijana Gant may terminate the accounts of users who appear to infringe the copyright or intellectual property rights of others.
Kijana Gant respects the intellectual property of others and ask that you do the same. If you believe that intellectual property owned by you or a third party has been copied or used on the Website in any way that constitutes copyright infringement or infringement of other applicable intellectual property law, please contact us in writing for notification of claims, at the address below, providing all of the following relevant information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; AND,
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
WEBSITE USAGE AND CONTENTS
The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal informational use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying or any other use of the Website. You may not reproduce (except as specifically set forth herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.
Kijana Gant makes reasonable effort to ensure that the Contents of the Website are accurate and free from errors. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions including, but not limited to, those related to product descriptions, pricing, promotions, offers, and availability. makes no representations or warranties as to the accuracy or completeness of any of the Contents including without limitation, the availability, quality or price of any products included on the Website or otherwise referred to in the Contents.
Kijana Gant makes every effort to display the colors of our products as accurately as possible on the Website. Please be advised that Kijana Gant cannot guarantee that your computer monitor’s display of any color will be accurate.
The Website may contain links to other websites and may on occasion display content or information from websites owned by third parties. Kijana Gant is in no way responsible for any third party website or its content or information. Any such links are accessed at the user’s absolute discretion and risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Wesite, use of the Website or access to the Website without Kijana Gant ‘s express written consent.
TERMINATION/ REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Kijana Gant has adopted a policy of terminating, in appropriate circumstances and at Kijana Gant’s sole discretion, subscribers, account holders or users who are deemed to be repeat infringers. Kijana Gant may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Kijana Gant may immediately bar any further access to such files of the Website. Further, you agree that Kijana Gant shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.
The Website may provide, or third parties may provide, links to other websites or resources. Because Kijana Gant has no control of such sites and resources, you acknowledge and agree that Kijana Gant is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Kijana Gant is not 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 site or resource.
You acknowledge and agree that you will not use any product or stamp ordered from the Website in a way that would be damaging to Kijana Gant’s public reputation or that of its employees, board members, shareholders, licencors, or solution partners. Additionally, you acknowledge that if you choose to display any product or stamp ordered from Kijana Gant, in a public setting, including on the Internet, in a way which disparages Kijana Gant, Kijana Gant’s board members, employees, shareholders or partners, or the United States Postal Service, Kijana Gant reserves the right to demand immediate return of the product, to furthermore pursue all recourse and remedies available under the law, and, in the case of stamps, to invalidate your stamps via cancellation of the bar code. If your stamps are invalidated, Kijana Gant’s sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIJANA GANT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KIJANA GANT DOES NOT MAKE ANY WARRANTY THAT (A) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT DREAMS OF MY OWN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT TEE SHIRT PALACE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, KIJANA GANT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT KIJANA GANT MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIJANA GANT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIABILITY AND INDEMNITY
UNDER NO CIRCUMSTANCES SHALL KIJANA GANT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KIJANA GANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Kijana Gant, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Kijana Gant, in its sole discretion, reserves the right to refuse any order placed with us or limit quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
GOVERNING LAW/ MISCELLANEOUS TERMS
This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota, County of Dakota and/or the First Judicial District of the State of Minnesota. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Kijana Gant’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website and its Contents.