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Terms of Service

Last Updated:  September 5, 2023

OVERVIEW

This website, www.kachava.com, is operated by Ka'Chava. Ka'Chava offers this website (the Site), including all information, tools and services available from the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service (these “Terms”) carefully before using the Site. our website. These Terms, together with Terms of Sale, the Refund Policy, and the Privacy Policy (collectively, the “Agreement”) govern your access to and use of the Site and any other Ka’Chava communications and properties that reference these Terms (collectively, the “Site”). By visiting or accessing any part of our Site (including purchasing a product from our Site), you agree to be legally bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

As used in the Agreement, the terms “Ka’Chava”, “we”, “us” and “our” refer to Tribal Nutrition LLC d/b/a Ka'Chava and "you" means the user (if using our Site as an individual), or the business employing the user (if using our Site for the benefit of a business). If there is any conflict between these Terms, the Privacy Policy, or the Terms of Sale (which includes the Refund Policy), these Terms will govern, followed by the Terms of Sale (if applicable), followed by the Privacy Policy.

If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Site. Any new features or tools which are added to the Site or our online store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 10 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. 

BY AGREEING TO THE AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

I.  NUTRITION, FITNESS AND WELL-BEING INFORMATION.

Certain content presented on our Site is intended to impart general nutrition, fitness and wellness information. Such informational content is not intended to be construed as, or be a substitute for, professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health provider before beginning a new nutrition or fitness program.  If you have any questions or concerns regarding your health or nutrition or any medical condition you should always consult with a qualified health provider. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site, content, or products.

If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor our Site recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment, therapy or other information on or associated with our Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or content. Use of our Site, content, and products is solely at your own risk.

II. AGE REQUIREMENT; YOUR ACCOUNT

• You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
Children under 13 years are not permitted to use the Site. You represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Site.
You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products available that you may want to consider using to limit a minor's access to material online.
• To access this Site, you may be asked to provide certain information, including, but not limited to, personal information.  We will treat any personal information that you submit through this Site in accordance with our Privacy Policy.
• You may need to create an account with a user name and password to access certain portions of our Site. By creating an account, you represent and warrant that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account passwords, and you are solely responsible for all purchases and other activities that occur under your account.  We reserve the right to require you to change your password if we believe your account is no longer secure.   
• You agree to provide accurate information about yourself. You will not use false information or impersonate another person or company through your account.

III.  USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS

• Ka’Chava may include features on our Site or on our social media accounts that allow you to share your communications or content (“User Content”) with us and with other users of our Site. You agree you will not send, upload or transmit any User Content of any type that infringes, misappropriates, or otherwise violates any rights of any party or violates these Terms. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is your sole responsibility as the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by Ka’Chava or other users of our Site or viewers of our social media accounts. You explicitly represent and warrant that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content, and hereby grant Ka’Chava a royalty-free, perpetual, irrevocable, unrestricted world-wide, transferable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, publicly perform and publicly display such User Content in any media or medium, or any form, format or forum, now known or hereafter developed. Ka’Chava may sublicense its rights to any User Content through multiple tiers of sublicenses. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content. Ka’Chava may remove any User Content on our Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
• Any feedback, suggestions, testimonials, reviews, questions, comments, ideas, notes, concepts, and other similar information relating to us, our products, or this Site that you provide to us in any form or media, including photos or videos (collectively, “Feedback”) is considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you, but we are not obligated to (i) use your Feedback in any way; (ii) to maintain any Feedback in confidence; (iii) to pay compensation for any Feedback; or (iv) to respond to any Feedback.  The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information that you may provide to us, provided that we may use and publish your name and/or geographic location alongside your review or testimonial if you provide that information to us. Ka’Chava may remove any Feedback on our Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
• You agree that you will not provide any User Content or Feedback that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Agreement. You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content or Feedback.
• We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property rights of any person or these Terms of Service.  You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback provided by you or another third party.
• In addition, Ka’Chava or its authorized partners may operate sweepstakes, contests and promotions ("Promotions") through our Site or social media accounts. You should carefully review the official rules ("Official Rules") of each Promotion in which you participate, as they may contain additional important information about Ka’Chava’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion.

IV.  YOUR USE OF OUR SITE 

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site subject to the terms of the Agreement and the following restrictions in particular:

  • You will not (and may not solicit others to) use our products, the Site, or any Site content:
    • for any unlawful purpose or in violation of any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
    • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • to submit false or misleading information;
    • to upload or transmit viruses, worm, Trojan horse, time bomb, spyware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, hardware, software or equipment, or the Internet;
    • to collect or track the personal information of others;
    • to spam, phish, pharm, pretext, spider, crawl, or scrape or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent;
    • viii.for any obscene or immoral purpose; or
    • to interfere with or circumvent the security features the Site or any related website, other website, or the Internet.
  • You are prohibited from posting or transmitting, through or in connection with our Site:
    • Any unlawful, threatening, defamatory, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, hateful, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
    • Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
  • You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to our Site;
  • You will not, except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site; and
  • You will not remove any copyright, trademark or other proprietary rights notices from our Site or from materials originating from our Site.

V.  OUR INTELLECTUAL PROPERTY RIGHTS

All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights.  In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Unless expressly stated otherwise, you may not modify or otherwise exploit the content on our Site in any way or form without our prior express written permission.

All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our licensors. Specifically, the name “Ka’Chava” and the other Ka’Chava marks, phrases, logos, and designs that we use in connection with our Site are trademarks, service marks, or trade dress of Ka’Chava in the US and other countries.  Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.

No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us.  You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site.

VI.  THIRD-PARTY TOOLS AND WEBSITES

  • Third-Party Tools.  We may provide you with access to third-party tools (“Third-Party Tools”) through our Site over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”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 optional Third-Party Tools.  Any use by you of optional Third-Party Tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such Third-Party Tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
  • Third Party Websites.  Certain content, products and services available via our Site may include materials from persons that are not affiliated with us (“Third Parties”), and the Site may contain links that direct you to websites operated by Third Parties. We are not responsible for examining or evaluating the content, and we do not warrant and will not have any liability or responsibility for, any Third-Party websites or materials available therein. When you access any such Third-Party materials or website, you do so at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party website. Please review carefully the Third Party's policies and practices and make sure you understand them before you engage in any transaction involving them.  Ka’Chava is not a party to those agreements; they are solely between you and the Third Party. Complaints, claims, concerns, or questions regarding Third-Party products and services should be directed to the Third Party.

VII.  TERMINATION OR SUSPENSION OF YOUR ACCOUNT

  • These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by terminating your account with Ka’Chava, or ceasing to use our Site. Terminating your account and these Terms will not affect the availability of some of your User Content that you posted on our Site or social media accounts prior to termination or your obligation to pay any amounts due to Ka’Chava.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate or suspend your account (and any accounts Ka’Chava determines are related to you or your account) and your access to the Site without notice. In the event of such termination, your rights to continue to use our Site terminates immediately, and you will remain liable for all amounts due up to and including the date of termination.
  • Ka’Chava reserves the right to change, suspend, or discontinue all or any portion of the Site for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you.
  • If you or Ka’Chava terminate your account, you may lose any information associated with your account, including your User Content.  The terms of the Agreement apply to any rights or obligations of either party for so long as you are accessing and using the Site and continue for any claims arising out such access or use.
  • Upon termination or expiration, all rights granted to you under these Terms will terminate; however, any provisions of these Terms that by their nature shall survive any termination of these Terms, including Sections 1, 3(a), 3(b), 5, 7(e), 8-14, shall survive any termination of these Terms.   

VIII.  ERRORS, INACCURACIES AND OMISSIONS

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

IX.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • Disclaimer. YOU UNDERSTAND THAT OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.  WE DO NOT GUARANTEE THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR EXPECTATIONS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THIRD-PARTY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.  WE DISCLAIM ALL EQUITABLE INDEMNITIES.  YOU USE THE SITE SOLELY AT YOUR OWN RISK.
  • Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO CASE SHALL KA'CHAVA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “KA’CHAVA PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY 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 OUT OF OR IN CONNECTION WITH THE SITE OR THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT, THE SITE, OR SITE CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE KA’CHAVA PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD).  NO CLAIM OR ACTION ARISING FROM OR CONCERNING OUR SITE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE SHORTENING OF THE APPLICABLE STATUTE OF LIMITATIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

X.  INDEMNIFICATION

Except to the extent prohibited by law, you agree to indemnify, defend and hold harmless Ka'Chava and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, costs, liabilities and settlements, including without limitation reasonable attorneys’ fees, made by any third-party arising out of or related to (a) your breach of the Agreement; (b) your use of, or activities in connection with, our Site; and (c) your violation of any law or the rights of a third-party, including any allegation that User Content from you infringes, misappropriates, or otherwise violates the intellectual property, publicity, privacy or other proprietary rights of others or violates these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

XI.  GOVERNING LAW; DISPUTE RESOLUTION- ARBITRATION

The Agreement and all claims related thereto is governed by and shall be construed in accordance with the laws of the State of Nevada, without giving effect to any conflict of laws principles, and the United States Federal Arbitration Act. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Nevada.

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

  • You hereby agree that any claim or dispute between you and Ka’Chava, whether brought by you or by Ka’Chava, arising out of or relating in any way to the Agreement, your use of our Site or any of our content, or other aspect of the Site, must be resolved through final, binding arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable law.  In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages.  This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable.  There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited.  However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow the Agreement, as a court would. 
  • All arbitrations under the Agreement shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief.  The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims.  You acknowledge and agree that unless otherwise agreed in writing by you and Ka’Chava, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims.  You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate in court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.
  • Before commencing any arbitration proceedings under the Agreement, a party must first send to the other a written notice of dispute (“Notice”).  Your Notice to Ka’Chava must be sent to: 8275 South Eastern Avenue, Suite #815, Las Vegas, Nevada 89123. If a party’s claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with the Agreement.  The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or its successor (“AAA”) or, if you are an individual, the AAA's Consumer Arbitration Rules, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org.  If those rules conflict with any portion of the Agreement, the Agreement shall control.  The arbitration of any claims or disputes hereunder shall be conducted in Las Vegas, Nevada, except that if you are an individual the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence.  You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location.  Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules.  If you are an individual, we may reimburse you for those fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).    
  • YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 12(a) ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION.  AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION  ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SUBSECTIONS 12(b) AND 12(c) ABOVE.
  • Subject to reimbursement of certain fees as described in Section 14, each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim. 
  • You may opt out of Sections 12(a)-(d) by sending a notice (“Rejection Notice”) to Ka’Chava no later than sixty (60) days after your first consent to the Agreement or to any subsequent revisions to this Section 12.  If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version.  You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to 8275 South Eastern Avenue, Suite #815, Las Vegas, Nevada 89123].  In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming Ka’Chava received the Rejection Notice within sixty (60) days.  You may opt out of the Agreement in its entirety by not using the Site. 
  • To the extent that a dispute is not subject to arbitration under this Section 12, such dispute may be resolved through an action brought in the appropriate state or federal court located in Las Vegas, Nevada and both parties irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum.

XII.  ELECTRONIC COMMUNICATIONS NOTICE.

When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.

XIII.  CHANGES TO THESE TERMS

You can review the most current version of the Terms of Service at any time at 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 website. Modifications will be posted on the Site and will be effective as of the date of posting.  It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes. The "last updated" date at the top of this page will be revised to reflect the posting date of the current Terms.

XIV.  MISCELLANEOUS

  • Interpretation. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
  • Entire Agreement. These Terms, together with the Terms of Sale (including the Refund Policy), the Privacy Policy, and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Waiver; Severability. The failure of Ka’Chava to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Ka’Chava representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  • Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Ka’Chava or any of Ka’Chava’s affiliates. Ka’Chava and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
  • Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
  • Consumer Protection; Notices. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be sent via mail or courier to: 8275 South Eastern Avenue, Suite #815, Las Vegas, Nevada 89123. Regardless of which method is used, you must ensure that where available, a tracking service is used.

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 

All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. The address for Ka’Chava for notice purposes is: 8275 South Eastern Avenue, Suite #815, Las Vegas, Nevada 89123.

  • Contact Information. Questions about these Terms of Service should be sent to us at support@kachava.com.