Terms and Conditions

Terms and Conditions of Use

 

Agreement between User and DIY Kombucha Kit  

Welcome to diykombuchakit.com. The diykombuchakit.com website (the “Site”) is  comprised of various web pages owned and operated by ShirtSpice LLC dba DIY Kombucha Kit.  Access to and use of the Site is offered to you conditioned on your  acceptance without modification of the terms, conditions, and notices  contained herein (the “Terms”). Your use of the Site constitutes your  agreement to all such Terms. Please read these terms carefully, and keep  a copy of them for your reference.   

Privacy  

Your use of the Site is subject to the Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users  of our data collection practices.  Visiting the Site or sending emails to the Site constitutes  electronic communications. You consent to receive electronic  communications and you agree that all agreements, notices, disclosures  and other communications that we provide to you electronically, via  email and on the Site, satisfy any legal requirement that such  communications be in writing.   

Your Account  

If you use this site, you are responsible for maintaining the  confidentiality of your account and password (if applicable) and for  restricting access to your computer, and you agree to accept  responsibility for all activities that occur under your account or  password. You may not assign or otherwise transfer your account to any  other person or entity. You acknowledge that ShirtSpice LLC dba DIY Kombucha Kit is not  responsible for third party access to your account that results from  theft or misappropriation of your account. ShirtSpice LLC dba DIY Kombucha Kit and its  associates reserve the right to refuse or cancel service, terminate  accounts, or remove or edit content in our sole discretion.   

Children Under Thirteen  

ShirtSpice LLC dba DIY Kombucha Kit does not knowingly collect, either online or offline,  personal information from persons under the age of thirteen. If you are  under 18, you may use the Site only with permission of a parent or  guardian.   

Links to Third Party Sites/Third Party Services  

The Site may contain links to other websites (“Linked Sites”). The  Linked Sites are not under the control of ShirtSpice LLC dba DIY Kombucha Kit and ShirtSpice LLC dba DIY Kombucha Kit is not responsible for the contents of any Linked Site, including  without limitation any link contained in a Linked Site, or any changes  or updates to a Linked Site. ShirtSpice LLC dba DIY Kombucha Kit is providing these links to  you only as a convenience, and the inclusion of any link does not imply  endorsement by ShirtSpice LLC dba DIY Kombucha Kit of the site or any association with its  operators.   

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license  to access and use the Site strictly in accordance with these terms of  use. As a condition of your use of the Site, you warrant to ShirtSpice LLC dba DIY Kombucha Kit that you will not use the Site for any purpose that is unlawful or  prohibited by these Terms. You may not use the Site in any manner which  could damage, disable, overburden, or impair the Site or interfere with  any other party’s use and enjoyment of the Site. You may not obtain or  attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.   All content included as part of the Service, such as text, graphics,  logos, images, as well as the compilation thereof, and any software used  on the Site, is the property of ShirtSpice LLC dba DIY Kombucha Kit or its suppliers and is  protected by copyright and other laws that protect intellectual property  and proprietary rights. You agree to observe and abide by all copyright  and other proprietary notices, legends or other restrictions contained  in any such content and will not make any changes thereto.   You will not modify, publish, transmit, reverse engineer, participate  in the transfer or sale, create derivative works, or in any way exploit  any of the content, in whole or in part, found on the Site. ShirtSpice LLC dba DIY Kombucha Kit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in  particular you will not delete or alter any proprietary rights or  attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of  ShirtSpice LLC dba DIY Kombucha Kit. You agree that you do not acquire any ownership rights  in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ShirtSpice LLC dba DIY Kombucha Kit or our licensors  except as expressly authorized by these Terms. A  breach of any of these Terms by you will result in automatic revocation of this license by ShirtSpice LLC dba DIY Kombucha Kit.

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news  groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to  communicate with the public at large or with a group (collectively,  “Communication Services”). You agree to use the Communication Services  only to post, send and receive messages and material that are proper and  related to the particular Communication Service.   By way of example, and not as a limitation, you agree that when using  a Communication Service, you will not: defame, abuse, harass, stalk,  threaten or otherwise violate the legal rights (such as rights of  privacy and publicity) of others; publish, post, upload, distribute or  disseminate any inappropriate, profane, defamatory, infringing, obscene,  indecent or unlawful topic, name, material or information; upload files  that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or  control the rights thereto or have received all necessary consents;  upload files that contain viruses, corrupted files, or any other similar  software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for  any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid  schemes or chain letters; download any file posted by another user of a  Communication Service that you know, or reasonably should know, cannot  be legally distributed in such manner; falsify or delete any author  attributions, legal or other proper notices or proprietary designations  or labels of the origin or source of software or other material  contained in a file that is uploaded; restrict or inhibit any other user  from using and enjoying the Communication Services; violate any code of  conduct or other guidelines which may be applicable for any particular  Communication Service; harvest or otherwise collect information about  others, including e-mail addresses, without their consent; violate any  applicable laws or regulations.  ShirtSpice LLC dba DIY Kombucha Kit has no obligation to monitor the Communication  Services. However, ShirtSpice LLC dba DIY Kombucha Kit reserves the right to review materials  posted to a Communication Service and to remove any materials in its  sole discretion. ShirtSpice LLC dba DIY Kombucha Kit reserves the right to terminate your  access to any or all of the Communication Services at any time without  notice for any reason whatsoever.   ShirtSpice LLC dba DIY Kombucha Kit reserves the right at all times to disclose any  information as necessary to satisfy any applicable law, regulation,  legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in ShirtSpice LLC dba DIY Kombucha Kit ‘s sole discretion.   Always use caution when giving out any personally identifying  information about yourself or your children in any Communication Service. ShirtSpice LLC dba DIY Kombucha Kit does not control or endorse the content, messages or information found in any Communication Service and, therefore, ShirtSpice LLC dba DIY Kombucha Kit specifically disclaims any liability with  regard to the Communication Services and any actions resulting from your  participation in any Communication Service.   Materials uploaded to a Communication Service may be subject to  posted limitations on usage, reproduction and/or dissemination. You are  responsible for adhering to such limitations if you upload the  materials.   

Materials Provided to ShirtSpice LLC  dba DIY Kombucha Kit or Posted on Any diykombuchakit.com Web Page

ShirtSpice LLC  dba DIY Kombucha Kit does not claim ownership of the materials you provide to ShirtSpice LLC  dba DIY Kombucha Kit (including feedback and suggestions) or post, upload,  input or submit to any ShirtSpice LLC  dba DIY Kombucha Kit Site or our associated services  (collectively “Submissions”). However, by posting, uploading, inputting,  providing or submitting your Submission you are granting ShirtSpice LLC  dba DIY Kombucha Kit, our affiliated companies and necessary sublicensees permission to  use your Submission in connection with the operation of their Internet  businesses including, without limitation, the rights to: copy,  distribute, transmit, publicly display, publicly perform, reproduce,  edit, translate and reformat your Submission; and to publish your name  in connection with your Submission.   No compensation will be paid with respect to the use of your  Submission, as provided herein. ShirtSpice LLC  dba DIY Kombucha Kit is under no obligation to  post or use any Submission you may provide and may remove any  Submission at any time in ShirtSpice LLC ‘s sole discretion.   By posting, uploading, inputting, providing or submitting your  Submission you warrant and represent that you own or otherwise control  all of the rights to your Submission as described in this section  including, without limitation, all the rights necessary for you to  provide, post, upload, input or submit the Submissions.   

Refund Policy  

Refunds are the purchaser's responsibility and can be accessed through account on site. Refunds will be granted in full upon return of purchase if purchaser received the product. Please reach out to diykombuchakit@gmail.com with any questions. 

International Users  

The Service is controlled, operated and administered by ShirtSpice LLC  dba DIY Kombucha Kit from our offices within the USA. If you access the Service from a  location outside the USA, you are responsible for compliance with all  local laws. You agree that you will not use the ShirtSpice LLC  dba DIY Kombucha Kit Content  accessed through the Site in any country or in any manner prohibited by  any applicable laws, restrictions or regulations.   

Indemnification 

You agree to indemnify, defend and hold harmless ShirtSpice LLC  dba DIY Kombucha Kit its  members, employees, agents and third parties, for any losses, costs,  liabilities and expenses (including reasonable attorney’s fees) relating  to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of  this Agreement or your violation of any rights of a third party, or your  violation of any applicable laws, rules or regulations. ShirtSpice LLC  dba DIY Kombucha Kit  reserves the right, at its own cost, to assume the exclusive defense and  control of any matter otherwise subject to indemnification by you, in  which event you will fully cooperate with ShirtSpice LLC  dba DIY Kombucha Kitin asserting  any available defenses.   

Arbitration 

In the event the parties are not able to resolve any dispute between  them arising out of or concerning these Terms and Conditions, or any  provisions hereof, whether in contract, tort, or otherwise at law or in  equity for damages or any other relief, then such dispute shall be  resolved only by final and binding arbitration pursuant to the Federal  Arbitration Act, conducted by a single neutral arbitrator and  administered by the American Arbitration Association, or a similar  arbitration service selected by the parties, in a location mutually  agreed upon by the parties. The arbitrator’s award shall be final, and  judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration  arises out of or concerns these Terms and Conditions, the prevailing  party shall be entitled to recover its costs and reasonable attorney’s  fees. The parties agree to arbitrate all disputes and claims in regards  to these Terms and Conditions or any disputes arising as a result of  these Terms and Conditions, whether directly or indirectly, including  Tort claims that are a result of these Terms and Conditions. The parties  agree that the Federal Arbitration Act governs the interpretation and  enforcement of this provision. The entire dispute, including the scope  and enforceability of this arbitration provision shall be determined by  the Arbitrator. This arbitration provision shall survive the termination  of these Terms and Conditions.   

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on  an individual basis; class arbitrations and  class/representative/collective actions are not permitted. THE PARTIES  AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN  THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and ShirtSpice LLC agree otherwise, the  arbitrator may not consolidate more than one person’s claims, and may  not otherwise preside over any form of a representative or class  proceeding.   

Liability Disclaimer  

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL  ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  ShirtSpice LLC  dba DIY Kombucha Kit AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES  IN THE SITE AT ANY TIME.   ShirtSpice LLC  dba DIY Kombucha Kit AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE  SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED  BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES  AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION  OF ANY KIND. ShirtSpice LLC  dba DIY Kombucha Kit AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED  WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE AND NON-INFRINGEMENT.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  ShirtSpice LLC  dba DIY Kombucha Kite AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,  PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES  WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA  OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR  PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR  RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR  FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE  SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR  OTHERWISE, EVEN IF ShirtSpice LLC  dba DIY Kombucha Kit OR ANY OF ITS SUPPLIERS HAS BEEN  ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF  YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE  TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE  SITE.   

Termination/Access Restriction 

 ShirtSpice LLC  dba DIY Kombucha Kit reserves the right, in its sole discretion, to  terminate your access to the site and the related services or any  portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of  Minnesota and you hereby consent to the exclusive jurisdiction and  venue of courts in Minnesota in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any  jurisdiction that does not give effect to all provisions of these Terms,  including, without limitation, this section.   You agree that no joint venture, partnership, employment, or agency  relationship exists between you and ShirtSpice LLC  dba DIY Kombucha Kit as a result of this  agreement or use of the Site. ShirtSpice LLC  dba DIY Kombucha Kit ‘s performance of this  agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ShirtSpice LLC  dba DIY Kombucha Kit ‘s right  to comply with governmental, court and law enforcement requests or  requirements relating to your use of the Site or information provided to  or gathered by ShirtSpice LLC  dba DIY Kombucha Kit with respect to such use. If any part of  this agreement is determined to be invalid or unenforceable pursuant to  applicable law including, but not limited to, the warranty disclaimers  and liability limitations set forth above, then the invalid or  unenforceable provision will be deemed superseded by a valid,  enforceable provision that most closely matches the intent of the  original provision and the remainder of the agreement shall continue in  effect.   Unless otherwise specified herein, this agreement constitutes the  entire agreement between the user and ShirtSpice LLC  dba DIY Kombucha Kit with respect to the  Site and it supersedes all prior or contemporaneous communications and  proposals, whether electronic, oral or written, between the user and  ShirtSpice LLC  dba DIY Kombucha Kit with respect to the Site. A printed version of this  agreement and of any notice given in electronic form shall be admissible  in judicial or administrative proceedings based upon or relating to  this agreement to the same extent and subject to the same conditions as  other business documents and records originally generated and maintained  in printed form. It is the express wish to the parties that this  agreement and all related documents be written in English.   

Changes to Terms  

ShirtSpice LLC  dba DIY Kombucha Kit reserves the right, in its sole discretion, to change  the Terms under which the Site is offered. The most current version of  the Terms will supersede all previous versions. ShirtSpice LLC  dba DIY Kombucha Kitencourages you to periodically review the Terms to stay informed of our  updates.   


Any questions should be contacted to diykombuchakit@gmail.com 


Effective as of June 1st, 2017  


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