Welcome to the KHL Express Web Site (“www.KHLExpress.com”). KHLExpress.com and its suppliers provide their services to you subject to the following conditions. If you visit or buy products at the KHLExpress.com, you accept these conditions. Please read them carefully. Please review the Privacy Notice, which also governs your visit to KHLExpress.com, to understand the KHLExpress.com practices.
When you visit KHLExpress.com or send e-mails, you are communicating with us electronically. You consent to receive communications from KHLExpress.com electronically. KHLExpress.com will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that KHLExpress.com provides to you electronically satisfy any legal requirements that such communications be in writing.
If KHLExpress.com, or any product or service offered on KHLExpress.com (“KHL Site/Service(s)”) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KHLExpress.com immediately of any unauthorized use of your account or any other breach of security. KHLExpress.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the KHLExpress.com or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
KHLExpress.com grants you a limited license to access and make use of the KHL Site/Services. This license does not include any resale use of KHLExpress.com or its contents; any collection and use of any product listing, descriptions, or prices; any derivative use of the KHLExpress.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The KHLExpress.com or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of KHLExpress.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of KHLExpress.com or our suppliers without express written consent. You may not use any meta tags or any other “hidden text” utilizing the KHLExpress.com name or trademarks without the express written consent of KHLExpress.com. Any unauthorized use terminates the permission or license granted by KHLExpress.com.
KHLExpress.com reserves the right to change the terms, conditions, and notices under which the KHL Site/Service(s) are offered, including but not limited to the charges associated with the use of the KHL Site/Service(s). You are responsible for regularly reviewing these terms and conditions posted on KHLExpress.com. Your continued use of the KHL Site/Service(s) constitutes your agreement to all such terms, conditions, and notices.
As a condition of your use of the KHL Site/Service(s), you will not use the KHL Site/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KHL Site/Service(s) in any manner that could damage, disable, overburden, or impair any KHL Site/Service(s) (or the network(s) connected to any KHL Site/Service(s)) or interfere with any other party’s use and enjoyment of any KHL Site/Service(s). You may not attempt to gain unauthorized access to any KHL Site/Service(s), other accounts, computer systems or networks connected to any KHL Site/Service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the KHL Site/Service(s).
All Products purchased from KHLExpress.com are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon KHLExpress.com delivery to the carrier.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KHLEXPRESS.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KHL SITE/SERVICE(S) AND TO THE INFORMATION THEREIN. KHLEXPRESS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KHL SITE/SERVICE(S) AT ANY TIME.
KHLEXPRESS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KHL SITE/SERVICE(S) FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE KENT H. LANDSBERG COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT KHLEXPRESS.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A KHL SITE/SERVICE(S). YOU SPECIFICALLY AGREE THAT KHLEXPRESS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KHLEXPRESS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A KHL SITE/SERVICE(S) BY ANY THIRD PARTY.
IN NO EVENT SHALL KHLEXPRESS.COM 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 KHL SITE/SERVICE(S), WITH THE DELAY OR INABILITY TO USE THE KHL SITE/SERVICE(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KHL SITE/SERVICE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE KHL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KHLEXPRESS.COM 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 KHL SITE/SERVICE(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KHL SITE/SERVICE(S).
KHLExpress.com reserves the right, in its sole discretion, to terminate your access to the KHL Site/Service(s) or any portion thereof at any time, without notice.
All content included on KHLExpress.com, such as text, graphics, logos, button icons and images are the property of KHLExpress.com or its suppliers and protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of KHLExpress.com and protected by U.S. and international copyright laws.
KHLExpress.com, KHL, KHL logo (goat), KHL Express, KHL Express Logo (goat pushing the cart) and/or other marks and services indicated on the KHL Express Web Site are registered trademarks of KHLExpress.com in the United States and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
One or more United States and international patents apply to this site, including without limitation:
Prices are subject to change without notice and KHLExpress.com may adjust the pricing in the event an error was made in the publication of this website.
KHLExpress.com bills you through an online account (your “Billing Account”) for services and items obtained under this Agreement (the “Products”). You agree to pay KHLExpress.com all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize KHLExpress.com to charge your chosen credit card (your “Payment Method”) for such Products. You agree to authorize payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your “Online Statement”). You will have one Online Statement per Billing Account. KHLExpress.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY KHLEXPRESS.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://BILLING.KHLEXPRESS.COM. IF YOU FAIL TO PROVIDE KHLEXPRESS.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT KHLEXPRESS.COM MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the credit card issuer of your chosen Payment Method (the “Payment Method Provider”). If KHLExpress.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Payment Method.
If the amount to be charged to your Billing Account varies from the amount you preauthorized by more than 10%, you have the right to receive, and KHLExpress.com shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.
Your non-termination or continued use of KHLExpress.com reaffirms that KHLExpress.com is authorized to charge your Payment Method.
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense, unless such return is due to the negligence of KHLExpress.com.
Your Online Statement will be available monthly after you log-in at https://billing.KHLExpress.com. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that KHLExpress.com needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. While you may request a paper copy of your Online Statement, you will be charged a retrieval fee. To request a paper copy of your Online Statement, go to https://billing.KHLExpress.com. Paper copies of your Online Statement will only be provided for 120 days from the date of the Online Statement.
KHLExpress.com will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to KHLExpress.com. Unless you notify KHLExpress.com of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE KHLEXPRESS.COM FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO THE KENT H. LANDSBERG COMPANY WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
The amount due to KHLExpress.com for your Billing Account must be paid in full by your Payment Method Provider on the date you order any Products on KHLExpress.com; you are not entitled to carry forward a balance. KHLExpress.com reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys’ fees and costs.
If your Payment Method Provider seeks return of payments previously made to KHLExpress.com, but KHLExpress.com in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and KHLExpress.com may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, KHLEXPRESS.COM MAY STOP DELIVERY OF ANY PRODUCT.
KHLExpress.com may, in its discretion, terminate, cancel, or suspend an accepted order if KHLExpress.com is notified that your Payment Method has expired or has been canceled, or if KHLExpress.com has reason to believe that any Billing Account information provided to KHLExpress.com is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or KHLExpress.com, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before KHLExpress.com could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. KHLExpress.com may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
Any dispute relating in any way to the KHL Site/Service(s) or to Products you purchase through KHLExpress.com shall be submitted to confidential and mandatory arbitration in Orange County, California, except that to the extent you have in any manner violated or threatened to violate KHLExpress.com intellectual property rights, KHLExpress.com may seek injunctive relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own attorneys’ fees and costs including, without limitation, costs of any experts. No award of any arbitration shall include punitive or exemplary damages or attorneys’ fees or costs. Each party will pay one-half of the costs of the American Arbitration Association and of the Arbitrator.
Claims for enforcement, breach or violation of duties or rights under this Agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KHLExpress.com as a result of this agreement or use of the KHL Site/Service(s).
You agree to indemnify and hold KHLExpress.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the KHL Site/Service(s).
KHLExpress.com reserves the right to disclose any personal information about you or your use of the KHL Site/Service(s), including its contents, without your prior permission if KHLExpress.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of KHLExpress.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. KHLExpress.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KHLExpress.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KHL Site/Service(s) or information provided to or gathered by KHLExpress.com 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 KHLExpress.com with respect to the KHL Site/Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KHLExpress.com with respect to the KHL Site/Service(s). 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.
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