TERMS AND CONDITIONS
TERMS AND CONDITIONS OVERVIEW
These Terms and Conditions apply to all visitors, users, and others who access our website and/or purchase KYT Americas products, including users who also contribute Content to the Service (“Users”). Content will include, but is not limited to, any text, software, scripts, graphics, photos, drawings, characterizations, sounds, music, videos, audiovisual combinations, interactive features, your and/or other person’s names, likeness, voices, usernames, profiles, action, appearances, performances and/or other biographical information or material, and/or similar materials you may view on, access, through or contribute to the website.
To use certain aspects of KYT Americas websites, you may be required to register an account (including certain Personal Information) with KYT Americas. Registration will allow you to set up an account and contribute User Content, as well as view User Content via the website. If you choose not to register, you may not be able to use all of the services offered by the KYT Americas website. Your account will give you access to the current products and functionality that we maintain as well as new products that we may add from time to time at our sole discretion. As part of your registration, you will be asked to provide an account username or email address and certain additional information. If you decide to register, you agree to provide true, accurate, and complete information about yourself. You agree that you are solely liable and legally responsible for all actions taken via your account or username, whether or not made with your knowledge or authority. If you suspect someone may be using your account without authorization, you must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for your losses caused by the unauthorized use of your account. You may be held liable for losses of KYT Americas or others due to such unauthorized use. We reserve the right but have no obligation to monitor User Content and remove or block posting of any User Content at its sole discretion.
By providing we your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communications by postal mail, except as otherwise required by mandatory provisions of applicable law that cannot be contractually waived, altered or minimized. We may also use your email address to send you other messages, such as newsletters or changes to features of the Service. If you do not wish to receive additional email messages such as those described, you may opt-out by taking the unsubscribe steps outlined in the email itself. Opting out may prevent you from receiving email messages regarding updates or improvements.
ORDERS AND PAYMENTS
4.1 Placing orders on the website: To purchase an item on the KYT Americas website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. When you are issued with the order details, it does not mean we have accepted and processed your order. A notice of order approval will be forwarded to your email address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any item via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that item.
4.2 Pricing: The items on the website are available in US Dollars (USD) and are exclusive of the relevant sales tax, shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the item’s price upon checkout. The total costs for your order shall be listed in your order details, which include sales tax, shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
PRICING INFORMATION; AVAILABILITY; ERRORS AND OMISSIONS DISCLAIMER
All pricing is subject to change. We reserve the right to make pricing adjustments, products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer orders. We make every effort to ensure the accuracy of the information published on our Website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without a warranty of any kind. If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that the prices listed on our Website are accurate or up to date.
PROHIBITED USE OF SERVICE
You agree to comply with all applicable laws and regulations and refrain from violating any rights of KYT Americas or any third party in connection with these Terms and Conditions. Without limiting the generality of the foregoing:
- You will not copy, distribute, or disclose any part of the Service in any medium;
- You will not violate, interfere with, damage, or compromise the integrity or security of the Service, decipher any transmissions to or from the servers running the Service, or remove any proprietary notices from the Service or copies thereof;
- You will not access any Content through any technology or means other than through the available technology of the Service itself or other such means as specifically authorized by us;
- You will not upload invalid data, viruses, worms, or other software agents through the Service; and
- You will never use another member’s account without permission.
You agree not to use or launch any automated system, including without limitation, “harvesting,” “bots,” “robots,” “spiders,” “scrapers,” “offline readers,” etc. that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the website nor use the communication systems provided by us (e.g., comments, email, etc.) for any commercial solicitation purposes. Notwithstanding the foregoing, We grant the operators of public search engines permission to use spiders to copy material from the site for the sole purpose of solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such material. We reserve the right to revoke these exceptions either generally or in specific cases.
SHIPPING AND HANDLING; NO EXPORT BY YOU
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the website when your order is placed. We reserve the right to increase, decrease, and add or eliminate costs from time to time and without prior notice, so you agree to check all charges before placing an order for a product. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the website are estimates only. Actual delivery dates may vary. You agree that you will not obtain or direct shipment of products for export.
DELIVERY OF ITEMS AND RISK OF LOSS
- a) The item(s) you have placed an order for will be delivered to any shipping address you provided through the billing and shipping page. You are responsible for providing accurate shipping information to enable a prompt and successful delivery of your item(s). To know more about the shipping and delivery of your item(s), please see our Shipping and Delivery page.
- b) The title and risk of loss are automatically passed to you upon the successful shipping of your item(s). If your item(s) gets lost due to the wrong shipping information provided by you, the liability will be yours to bear. We will not be liable if an item gets lost or damaged after a successful delivery or if the item gets lost due to the wrong shipping information you submitted during order checkout.
- c) Furthermore, all notices regarding your order and its delivery will be passed to you via your email address. You are obligated to provide a valid email address during the order checkout or your account registration process. We will not be responsible for the lack of information due to an invalid or wrong email address submitted by you.
RETURN AND REFUNDS
If the item(s) in your order is damaged in transit or does not match the items you placed an order for, you may return the item(s) to us within ten days after delivery, and we will either issue a refund or replace the item(s) within 60 days with the terms and conditions below:
- You must check any item(s) delivered in the presence of the delivery agent. If any damage or issue is noticed, you must sign for it or outrightly refuse the delivery. You must inform us of any issue with the order within 24 hours, and all the packaging must be intact for you to make a claim. To expedite the reporting process, you should take a picture of the issue or damage and send it to our email address email@example.com.
- If an item is subject to a replacement, it will be replaced with a similar item. Under no circumstances will an item be replaced with a different item.
- If an item is undamaged or without issues, you will not be entitled to a replacement.
Read more about our refund policy on the return and refunds page.
Some areas of our website allow users to post Content (such as feedback, comments, questions, and other information) (“User Content”). You are solely responsible for the User Content that you submit, post, upload, embed, publish, link, display, communicate or distribute to or otherwise make available (defined herein as. “post”) on the website.
You agree not to post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability to you, to any other person, or any animal;
- May create a risk of any other loss or damage to any person or property;
- May constitute a crime or tort;
- Contains any information or content that you do not have a right to make available under any laws or contractual or fiduciary relationships or that you know is not correct and current; or
- In any way obstructs or otherwise interferes with the normal performance of another person’s use of the website.
You agree that any User Content and KYT Americas use thereof as contemplated by these Terms and Conditions, that you post does not and will not violate or infringe on any third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), privacy rights or rights of publicity.
For this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdictions.
You will be solely responsible for your User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your User Content and license to use all Intellectual Property Rights in and to such User Content for publication on the website, in according to this Agreement. Also, you affirm, represent, and warrant that you have the written consent of every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the website and these terms and conditions. Each such person has released you from any liability that may arise in relation to such use.
Subject to these terms and conditions, We hereby grant you a non-exclusive, non-sublicensable, limited, personal license to use the website and our products within the United States for as long as you are a User. We reserve all rights in the website, products, and the KYT Americas Content (as defined below) that are not expressly granted to you under these Terms and conditions. We may terminate this license at any time for any reason or no reason without your consent or notice to you.
This website and all product therein or transferred thereby, including, without limitation, software, images, text, graphics, illustration, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “KYT Americas Content”), and all intellectual property rights related thereto, are the exclusive property of KYT Americas and its licensors. Except as explicitly provided herein, nothing in these Terms and conditions will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, adapt or edit derivative works from any materials or content accessible on the Service. Use of KYT Americas products and website for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited.
You retain all your ownership rights in your Content. However, by submitting your User Content to Us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable (in whole or in part) license to use, reproduce, distribute, prepare derivative works of, display, and perform any of your User Content in connection with the website and KYT Americas (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the website and to use, reproduce, distribute, display and perform such User Content as permitted through the website’s functionality and under these Terms and Conditions. You understand and agree, however, that We may retain but not display, distribute, or perform server copies of your User Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You may choose to, or we may invite you to, submit comments or reviews about our website and our products, including without limitation about how to improve the website or our products (“Ideas”). By submitting an idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place KYT Americas under any fiduciary or other obligation. We are free to disclose the Ideas non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you.
COPYRIGHT INFRINGEMENTS CLAIM
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our website, please notify our copyright agent and provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit KYT Americas to contact such as your address, telephone number, and e-mail address;
- 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
- A statement made under the penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
The above information must be submitted to the KYT Americas Copyright Agent at:
To: KYT Americas
Under the United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
LINKS TO THIRD PARTY WEBSITES
You expressly relieve KYT Americas from any liability arising from your use of any third-party websites or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on our website, including payment and delivery of goods, and any other terms (such as warranties), are solely between you and such advertisers. You agree that We will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Suppose an item (or certain color or size) you want is sold-out or otherwise not available when such item (or color or size) is selected in the appropriate drop-down box on the Product Information page. In that case, a notice will appear stating that the requested item is sold out and/or is otherwise not available for ordering. If this is the case, please check back later. Sometimes we will not know in advance that the product is unavailable. Some items may be unavailable even if the Service indicates that they are in stock, and adding an item to your cart does not guarantee the availability of that item. If the item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KYT Americas, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KYT Americas by Rise Moto LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL KYT Americas, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNT (IF ANY) PAID TO US HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KYT Americas by Rise Moto LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THOSE WHO ACCESS OR USE THE SERVICE DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW, INCLUDING, BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS.
The Website is controlled and offered by us from its offices in the United States of America. We make no representations that the product or website is appropriate or available for use in other jurisdictions. Anyone accessing the site from another jurisdiction does so at their own volition and responsible for compliance with local law.
We comply with DOT (Department of Transportation) and ECE (Economic Commission for Europe) Standards.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KYT Americas and its subsidiaries, agents, managers, licensors, licensees, representatives and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the website, including any data or work transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; (f) any other party’s access and use of the website with your unique username. You agree to use your best efforts to cooperate with us in defense of any claim. At our own expense, we reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS, AND OUR SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE PRODUCTS, AND KYT Americas by Rise Moto LLC CONTENT IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. KYT Americas DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. WE ARE NOT MEDICAL PRACTITIONERS AND, THEREFORE, DO NOT REPRESENT THAT ANY INFORMATION SHARED BY US CONSTITUTES PROFESSIONAL ADVICE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, KYT Americas, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KYT Americas OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
EXCLUSIVITY OF REMEDY AND LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY, AND KYT Americas. SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE PRODUCT UNDER KYT Americas RETURN POLICY. IN NO EVENT SHALL KYT Americas BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF KYT Americas, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that the Website does not give rise to personal jurisdiction over KYT Americas, either specific or general, in jurisdictions other than the state of Pennsylvania, United States of America. This Agreement will be governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and KYT Americas that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in York, PA. Those who do not choose to access the KYT Americas do so at their initiative and are responsible for compliance with all applicable laws, including any applicable local laws.
These Conditions represent the entire agreement and understanding between you and us. It supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.
- a) You may not assign your rights and obligations under these Conditions to a third party without our written consent.
- b) We, on the other hand, reserve the right to assign our rights and obligations hereunder to contractors and subcontractors to carry out tasks on our behalf.
Suppose any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction. In that case, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
A failure to exercise or enforce our right at a point upon your breach of these Conditions does not subsequently waive our right to exercise or enforce such right on similar or other breaches.
Your use of our Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies, and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.
For further information or to contact us with questions, concerns, or comments, you may email us at firstname.lastname@example.org or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or additional information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.