Touch of Kai - End User License Agreement (EULA)
Last updated: 2020-11-20 18:12:46
Please read this End User License Agreement ("EULA") carefully before using the touchofkai.com Website (the "Website") operated by Touch of Kai, a(n) Sole Proprietorship formed in Michigan ("us", "we", "our") as this EULA contains important information regarding the limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.
By accessing or using the Website, you agree to be bound by this EULA. If you disagree with any part of this EULA, then you do not have our permission to access or use the Website.
Touch of Kai grants you the non-exclusive, non-transferable license to use the Website subject to the terms contained herein.
Limitation of Liability
IN NO EVENT SHALL Touch of Kai BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER'S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
THE AGGREGATE LIABILITY OF Touch of Kai ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY IT FROM YOU FOR THE PRODUCT.
All disputes regarding this EULA and its' interpretation, shall be conducted by a court of competent jurisdiction in Michigan. By accepting these terms, you agree that this is the proper venue.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about this EULA, please contact us at firstname.lastname@example.org.