Kori Krill Oil Terms and Conditions
Last updated: July 2, 2020
The Website located at www.korikrilloil.com and all of its subpages (“Website”) are provided by Epion Brands LLC (“Company”, “we”, “us”, or “our”). These terms and conditions (“Terms” or “Agreement”) govern your use of the Website and your purchase of products that are offered for sale on the Website (“Products”). This Agreement forms a legally binding agreement between you, the individual accessing or using the Website (“you”), and Company, and you should read it carefully.
Table of Contents
- Health Disclaimer
- Access and Use of the Website
- Placing Orders on the Website
- User Accounts
- User Generated Content
- Intellectual Property
- Notice for California Users
- Disclaimer of Warranties
- Limitation of Liabilities
- Dispute Resolution, Arbitration and Class Action Waiver
- Electronic Communication
- Severability and Waiver
- Changes to These Terms and Conditions
- Contact Us
Any statements made on the Website or any materials or supplements distributed or sold on www.korikrilloil.com, have not been evaluated by the Food and Drug Administration. The Products are not intended to diagnose, treat, cure or prevent any disease. Not everyone will experience the benefits described. Any health or medical-related information provided on the Website, or in response to any inquiries by email, phone, social media or other methods, is for informational and educational purposes only and is not intended to be a substitute for medical advice or discussions with a physician. Information provided on the website should not be used to diagnose or treat a medical condition. If you are pregnant, nursing, taking medication, have any medical condition or have any healthcare related questions, you should consult with a physician before using the Products. You should carefully read instructions printed on the Products’ packaging before use.
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority in your state, whichever is greater, and that you have read, understood, and agree to these Terms. You agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to us and through the Website. You shall only use the Website as permitted by this Agreement. Company reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. The Website is only intended for use in the United States of America, and users who access the Website from outside the United States do so on their own initiative and shall bear all responsibility for compliance with local laws, if applicable.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms or of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
By ordering a Product on the Website, you represent and warrant that you are legally capable of entering into binding contracts.
Personal Use Only
The Products and the Website are for personal use only. You may not sell or resell any of the Products you purchase or otherwise receive from us. By purchasing any Products, you agree not to offer the Products for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of Products in any order or Products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
When you order Products, you may be asked to supply certain information, including your name, email, phone number, payment card information, billing address, and shipping information. By purchasing a Product, you represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct and complete. By submitting this information, you grant us the right to use and provide the information to payment processing third parties to facilitate your purchase.
We reserve the right to refuse or cancel an order at any time for any reasons. Further, we may, at our discretion, require further authorization, such as a telephone confirmation of your order and other information, from you. In this case, your order shall not be considered accepted by us until such confirmation has been provided.
Payment cards are subject to validation. If we do not receive authorization for payment, we reserve the right to refuse your order or cancel your order, and we shall not be liable for any delay or non-delivery of your order.
Your purchase of Products is subject to our Return Policy, which is incorporated herein by reference. Without limiting the foregoing, you shall only be entitled to a refund for Products that are returned in the same condition as you received them. You shall not receive a refund for Products that are damaged or not in the same condition as you received them.
We will provide you a refund, in the same form as the payment for your order, in approximately 14 days from the day on which we receive the returned Products. We will not refund the costs of shipping.
Availability, Errors and Inaccuracies
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We reserve the right to revise the Product prices at any time prior to accepting an order.
If you purchase any Products, you will be responsible for paying any applicable sales tax indicated on the Website or as otherwise required by your state.
Any promotions, including contests and sweepstakes, made available through the Website may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules. If the rules for a promotion conflict with these Terms, the promotion’s rules will apply.
If you create an account on the Website (“Account”), you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account. You are responsible for safeguarding the password that you use to access your Account and for any activities or actions under your Account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
We may terminate or suspend your Account and your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will cease immediately. If you wish to terminate your Account, you must do so in writing by emailing [email protected].
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or the Website (“User Generated Content”), or if you give us permission to use your User Generated Content provided to third parties such as social media platforms, you grant us a non-exclusive license to use the User Generated Content. Further, you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, intellectual property rights, or any other rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You represent and warrant that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and uses set forth herein. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you provide. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party. Company reserves the right (but does not undertake the obligation) to monitor and edit or remove any User Generated Content submitted to the Website.
The Website, all pages on the Website, and any material made available for download on the Website, are the property of Company, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by this Agreement or otherwise approved in writing by Company. You may not frame or use framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent.
You may not deep link to portions of the Website, or frame, inline link, or similarly copy, display, distribute, create derivative work from, transmit or sublicense any of our property, including, without limitation, the Website.
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any websites or services that you visit.
Under California Civil Code Section 1789.3, users of the Website 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 (916) 445-1254 or (800) 952-5210. Epion Brands may be contacted in writing at Epion Brands LLC, 707 S. Grady Way, Suite 600 Renton, WA 98057 or by telephone at 1-833-48-KRILL.
The Website and the Products are provided to you “AS IS” and “AS AVAILABLE” and without warranty of any kind. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. Notwithstanding anything to the contrary herein, this Disclaimer of Warranties does not apply in New Jersey.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, PURCHASE OF ANY PRDOUCTS, AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S) BUT IN NO EVENT GREATER THAN $100. Notwithstanding anything to the contrary herein, this Limitation of Liability does not apply in New Jersey.
Any dispute relating in any way to your visit to or use of the Website, the Content, your purchase or use of any Products, or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New York, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.
If a Dispute arises under this Agreement, you agree to first contact us at 1-833-48-KRILL (phone) or [email protected] (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Website, purchase a Product, or submit information through the Website to opt out of this arbitration agreement, by contacting us by email at [email protected] or by mail at Epion Brands LLC, 707 S. Grady Way, Suite 600 Renton, WA 98057. If you do not opt out by the earliest of the date that you visit the Website, purchase a Product, or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
When you use the Website, purchase Products, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You acknowledge that by agreeing to this Agreement electronically, you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED BY COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Website or purchasing a Product after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using, and do not purchase any Products on, the Website.
If you have any questions about these Terms and Conditions, you can contact us:
- By email: [email protected]
- By phone: 1-833-48-KRILL
- By mail: Epion Brands LLC, 707 S. Grady Way, Suite 600 Renton, WA 98057