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Terms & Conditions

1. Terms of use
Welcome to Kabayare Fashion, LLC. : “Kabayare Fashion”, “Our”, “We”, “The Company”, “Us” as used in this Terms & Conditions and on our Website shall mean Kabayare Fashion, LLC. Website(s) (“Websites”). Please review the following that govern your use of our Site ("Terms of Use"). Your continued use of our Web site(s) constitutes your agreement to follow and be bound by the Terms of Use.

2. Contact Information
Our postal address is: 
Kabayare Fashion 
4411 Empire Way
Lansing, MI 48917

We can be reached via e-mail at hello@kabayarefashion.com

3. General
As we continue to develop our Website(s) (“Websites”), we may from time to time, modify, alter or update these Terms of Use. Your use of our Website(s) (“Websites”) following any such change constitutes your agreement to follow and be bound by the Terms of Use as they change. We therefore encourage you to refer to these Terms of Use on an on-going basis.

4. Site contents
Unless otherwise stated, the design of this Website(s) (“Websites”), the Website(s) (“Websites”) as a whole, and all materials, including images, illustrations, and designs, that are part of the Web sites (collectively, "Contents") are copyrights, trademarks, trade dress and / or other intellectual properties owned, controlled, or licensed by The Company. The Contents of our Web sites are intended solely for personal, noncommercial use by the users of our Website(s) (“Websites”). You may download or copy the Contents displayed on our Website(s) (“Websites”) for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Website(s) (“Websites”). No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Website(s) (“Websites”).

5. Colors
We have made every effort possible to display as accurately as possible the colors of our products that appear on our Website(s) (“Websites”). However, since the actual color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

6. Comments, feedback and other submissions 
We welcome your comments and feedback regarding our Website(s) (“Websites”), our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to The Company using this Website(s) (“Websites”) (including the chat room) or otherwise (collectively, "Comments"), are not confidential and will become and remain The Company's property. The disclosure, submission or offer of any Comments constitutes an assignment to The Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

7. Monitoring 
The Company shall have the right, but not the obligation, to monitor the content of the Website(s) (“Websites”), including chat rooms and e-mail, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, The Company shall have the right to remove any material that The Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. User conduct
The Company Website(s) (“Websites”) shall be used for lawful purposes only. Any conduct by you that in The Company's discretion restricts or inhibits any other user from enjoying this Website(s) (“Websites”) will not be permitted.

9. Disclaimer, limitation of liability, and indemnity 
This Website(s) (“Websites”) and all contents of the Website(s) (“Websites”) are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Your use of this site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our site. The Company shall not be liable for any damages of any kind related to your use of this site. Although Kabayare Fashion endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Neither Kabayare Fashion nor its related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. The Company is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or with any of Kabayare Fashion's terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend, and hold harmless The Company, its shareholders, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting or arising out of your breach of any of these terms of use.

10. Termination
These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or The Company. You may terminate this agreement at any time by e-mailing customerservice@kabayarefashion.com .The Company may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Web site(s), if in The Company's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Web sites, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and The Company relating to the subject matter addressed herein.

11. Severability 
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect. Additionally, should either party terminate this Agreement, sections 1, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall remain in full force and survive the termination of this agreement.

12. Applicable law 
This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Lansing, Michigan.

13. European Union Customers 
The personal information that Kabayare Fashion collects from its European Union (“EU”) customers will be transferred and stored at a destination outside of the European Economic Area (“EEA”).  By our customers submitting their personal information our customers agree to the transfer and storage of their personal information outside of the EEA.  As with all of our customers, Kabayare Fashion will take all steps to ensure that our customers private information is secure.  Kabayare Fashion is an entity formed in the United States (“U.S.”), State of Michigan.  U.S. laws apply to all of Kabayare Fashion’s customers.  If you are an EU customer, your laws pertaining to data protection may differ from U.S. law, and U.S. law may not have the same protection and may provide limited recourse then the EEA.  All of Kabayare Fashion’s customers (including its EU customers) are made aware of these risks and by providing your personal information to Kabayare Fashion you consent to the use of your personal information as provided for in the Privacy Policy and our Website, and the transfer of your personal information to the U.S. 

14. European Union Customers 
If any of our customers wish to opt out of any of the disclosures or information contained on our Website or terminate this agreement please contact: customerservice@kabayarefashion.com.  

Email Marketing.  If any of our customers would wish to stop receiving email marketing please contact customerservice@kabayarefashion.com, or click the unsubscribe link at the bottom of the email.  Please allow 3 business days from your request to be removed.  

Direct Mail.  If any of our customers would wish to stop receiving direct mail which includes catalogs, please send your request to: customerservice@kabayarefashion.com or write to Customer Service, 4411 Empire Way, Lansing, MI 48917.