Terms of Service

This website is operated by Kymaxa. Throughout the site, the terms “we”, “us” and “our” refer to Kymaxa. Kymaxa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Online Store Terms

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, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Modifications

We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised.Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.

Site

We grant you a limited license to access and use the Site for your personal, non-commercial use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. In addition, you agree that all products purchased from and orders submitted through the Site are for your personal or household use and not for resale or any other commercial use.

Products, Pricing, Payment And Promotions

Through the Site. Some products or services may be offered in limited quantities, for limited duration, at special pricing for a limited period time or may be designated as subject to exceptions to our return or exchange policy. We reserve the right to discontinue any product or service at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site or Services or any products. Any offer for any product or service made on this Site is void where prohibited.

We endeavor to display on the Site as accurately as possible the colors and images of our products, but the display on your device may vary from the actual colors of the products. The products displayed on the Site can be ordered and delivered only within the United States. Merchandise displayed on our Site is available while supplies last. Third-party retailers may not offer the full range of our products.

Occasionally, we may offer promotions through emails, mailings, advertisements or social media. Once you sign up and agree to receive promotional materials from Kymaxa, you will receive promotions and offers that may include special promotional codes and offers. Sign up for a Kymaxa account to ensure you receive these offers. 

Order Acceptance And Billing Information

Orders are subject to verification before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in our cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and validate the billing information to process your order.

We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other form of payment) has been charged, we will issue a credit to your credit card (or other applicable form of payment) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

You agree to pay for the item(s) in your order and acknowledge that you will be charged at the time your order is placed

The products and Services on the Site are intended for personal, non-commercial purposes only. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse to fulfill orders if in our sole discretion, we believe any purchases are intended for resale. Kymaxa also reserves the right in its sole discretion to limit the quantity of merchandise purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. Whenever we determine in our sole discretion that such limits should be applied to an order you have placed, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time the order was made.

By placing an order on our Site, you understand and agree that you are authorizing us or our third-party credit card processor or service provider to charge your card or other authorized payment method. For any product or service that you order on the Site, you agree to pay the applicable price (including any sales taxes, shipping and handling fees and surcharges) as of the time you submit the order. Your credit card or other form of payment submitted as part of the order process will be charged for the items you purchased.

Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, and other copyright laws, and is the property of Kymaxa and protected by copyright and other intellectual property or proprietary rights.

Trademarks

All trademarks, service marks, and trade names of Kymaxa on the Site are trademarks or registered trademarks of Kymaxa or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

Content And Intellectual Property

The content on our website, including text, images, graphics, logos, and other materials, is protected by copyright, trademark, and other intellectual property laws. You may not use our content for commercial purposes without our express written permission.

User-generated content, such as reviews and comments, may be posted on our site, and we encourage you to share your thoughts and opinions. However, we reserve the right to remove any offensive, defamatory, or violating content.

Links To External Sites

We may provide you with links or buttons to access third-party websites or apps. Please note that we neither monitor nor have any control or input over External Apps.

You acknowledge and agree that we provide access to External Apps “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of External Apps. Any use by you of External Apps offered through the Site is entirely at your own risk and discretion. Use of External Apps is governed by their own terms of use, and you should ensure that you are familiar with and approve of the terms on which External Apps are provided by the relevant third-party provider(s).

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kymaxa be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms. Waivers must be made in writing and executed by an authorized representative of the waiving party. The waiver of any breach of any provision of these Terms does not waive any other breach or constitute a further or continuing waiver of any subsequent breach or default. The failure to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of our right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

Controlling law

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the United States without regard to its conflicts of law principles. 

Changes To These Terms Of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site and the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

If you have any questions regarding these Terms of Service, please contact our customer support team at assist@kymaxa.com. We are here to assist you.