These general terms and conditions of use (“Terms of Use”) govern your use of this website karmaxoc.com (the “Site”). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.
This website is owned and operated by KARMA XOC® and its subsidiaries and affiliates (collectively “KARMA XOC®”). KARMA XOC® may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.
This Site presents information, content, products and services (collectively, “Content”) that is owned exclusively or licensed by KARMA XOC®. When used in these Terms of Use, “we” and “our” mean KARMA XOC® and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this website.
ADDITIONAL TERMS
KARMA XOC® offers the ability to access and use certain Content, for purchase, licensing, subscription or other payment-based arrangement through portions of this Site and other KARMA XOC® websites. We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to KARMA XOC® products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with KARMA XOC®, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.
YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless KARMA XOC® for losses incurred by KARMA XOC® or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
YOUR RESPONSIBILITY FOR SECURITY
KARMA XOC® assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
OWNERSHIP AND USE OF CONTENT
All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered (“Intellectual Property Rights”), are owned exclusively or licensed by KARMA XOC®. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. KARMA XOC® reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.
OWNERSHIP AND USE OF TRADEMARKS
The trademarks and service marks “KARMA XOC®” “Internet Retailer”, and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) (“KARMA XOC® Trademarks”) displayed on the Site are owned by KARMA XOC®. Other proprietary KARMA XOC® marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of KARMA XOC® Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by KARMA XOC® in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by KARMA XOC®.
LINKS
This Site may contain links to third-party websites. KARMA XOC® does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that KARMA XOC® is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, KARMA XOC® does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
AVAILABILITY
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.
CONTENT POSTED BY YOU
All information, ideas, suggestions, or other communications you submit to KARMA XOC®, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant KARMA XOC® the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, KARMA XOC® does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. KARMA XOC® owns all right, title, and interest in any compilation, collective work or other derivative work created by KARMA XOC® using or incorporating content posted to the Site.
CONTENT POSTED BY OTHER USERS
KARMA XOC® is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall KARMA XOC® be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact KARMA XOC® or click on the “Report Inappropriate Content” link on the Site. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. KARMA XOC® reserves the right to investigate and take appropriate legal action against anyone who, in KARMA XOC®’s sole discretion, engages in any of the prohibited activities. Prohibited activities include – but are not limited to – the following:
KARMA XOC® reserves the right, but is not obligated, to do any or all of the following:
ADDITIONAL INFORMATION
All information, other than personal information subject to KARMA XOC®’s Privacy Policy, submitted to KARMA XOC® through this Site or any related KARMA XOC® Site is the property of KARMA XOC®. KARMA XOC® is free to use any ideas, concepts, know-how or techniques that you may submit to KARMA XOC® through this Site for any purpose, including but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in KARMA XOC®’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
CHANGES
KARMA XOC® reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
PRIVACY
You may review KARMA XOC®’s Privacy Policy
CHILDREN
This Site does not intend to market any KARMA XOC® products or services to children under thirteen (13) years of age. KARMA XOC® does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
GOVERNING LAW
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Arizona, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of Arizona, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
WARRANTIES
Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. KARMA XOC® assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, KARMA XOC®, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. KARMA XOC® makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. KARMA XOC® cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. KARMA XOC® cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. KARMA XOC® cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. KARMA XOC® does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
LIMITATION OF LIABILITY
KARMA XOC®’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KARMA XOC® IS TO DISCONTINUE YOUR USE OF THE SITE. KARMA XOC®, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KARMA XOC® HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, KARMA XOC®’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.