Terms & Conditions
Terms & Conditions
Welcome to www.kyilife.com! We built our website to share information about our company, our products; to make available guides that show you how to customize your style; to provide updates related to our company; to allow you to purchase our products and have them shipped directly to you; and to allow you to place orders from our website directly from your mobile phone.
Please take couples minutes to review these terms and conditions. These Terms & Conditions apply to the KYI GRAND LIMITED website located at www.kyilife.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions,”KYI GRAND LIMITED”, “us” or “we” refers to KYI GRAND LIMITED Corporation and its subsidiaries and Affiliates.
Please read the following Terms & Conditions carefully before using this site, as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitations of liability,and your indemnity to us. These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. We may revise and update these Terms from time to time. All changes are effective immediately when we post them. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.
Who We Are
THESE TERMS AND CONDITIONS MAY CHANGE
We may update the content on our Services from time to time, but such content is not necessarily complete or up to date. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the "Materials"), is the property of KYI GRAND LIMITED or that of Our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from KYI GRAND LIMITED. You may not use any metatags or any other "hidden text" utilizing any of Our names or trademarks without Our express written consent.
If you believe that any content on this website infringes your copyright, you may send us a notice of infringement in accordance with the Digital Millennium Copyright Act (DMCA). Your notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your notice of infringement to firstname.lastname@example.org. We will investigate all notices of infringement and take appropriate action under the DMCA. If we determine that the content at issue does infringe any intellectual property rights, we will remove the infringing material and notify the affected user.
GOVERNING LAW AND JURISDICTION
All matters relating to our Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of California, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these Terms or our Services is subject to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
HYPERLINKS TO OTHER SITE
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Target is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, KYI GRAND LIMITED strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Target of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES
KYI GRAND LIMITED cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
The site and all information, content, materials , products, services, and user content included on or otherwise made available to you through the site (collectively, the "Site contents") are provided byKYI GRAND LIMITED on an "As is," "As available" Basis, without representations or warranties of any kind. KYI GRAND LIMITED makes no representations or warranties of any kind, express or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent fromKYI GRAND LIMITED are free of malware or other harmful components. You expressly agree that your use of the site is at your sole risk. To the full extent permitted by law, KYI GRAND LIMITED disclaims any and all representations and warranties with respect to the site and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
Certain providers of products may separately provide limited representations and/or warranties regarding their products. This disclaimer does not apply to such product warranties.
KYI GRAND LIMITED does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our site is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our site and that you consult the product’s label or contact the manufacturer directly if you have a specific dietary concern or question about a product.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless KYI GRAND LIMITED and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
DISPUTE RESOLUTION AND BINDING ARBITRATION
We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to KYI GRAND LIMITED,15865 Gale Ave, Hacienda Heights, CA 91745 - Unit B, USA, Attention: Legal Department. We will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
You and KYI GRAND LIMITED agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and KYI GRAND LIMITED or you and a third-party agent of KYI GRAND LIMITED. (a "Claim") through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at KYI GRAND LIMITED,www.kyilife.com Attention: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,KYI GRAND LIMITED will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or KYI GRAND LIMITED from seeking action by federal, state, or local government agencies. You and KYI GRAND LIMITED also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and KYI GRAND LIMITED retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor KYI GRAND LIMITED may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or KYI GRAND LIMITED's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and KYI GRAND LIMITED each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with KYI GRAND LIMITED.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. Other rights that you or KYI GRAND LIMITED would have in court also may not be available in arbitration.
LIMITATION ON LIABILITY
Under no circumstances shall KYI GRAND LIMITED or its employees, directors, officers or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if KYI GRAND LIMITED has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. The foregoing paragraph shall not apply to residents of new jersey. With respect to residents of new jersey, KYI GRAND LIMITED or its employees, directors, officers or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of KYI GRAND LIMITED’s negligent, fraudulent or reckless acts or intentional misconduct.each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and KYI GRAND LIMITED. This allocation is an essential element of the basis of the bargain between you and KYI GRAND LIMITED. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
Any action relating to the use of the Site, mobile applications, catalogs or any transaction with KYI GRAND LIMITED must be brought in the state or federal courts located in the County of Los Angeles, California, except as otherwise set forth herein. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.