Terms and Conditions

Welcome to www.shopkivadunes.com. The www.shopkivadunes.com website (the “Site”) is comprised of various web pages operated by D&E Investments, LLC (“Kiva Dunes”). This site is offered to you on your acceptance without modification of the terms, conditions, and notices contained herein (“terms”). Your use of this site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.shopkivadunes.com is an E-Commerce site that offers retail sales.

Privacy

Your use of this site is subject to Kiva Dunes’ Private Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communication

Visiting this Site or sending emails to Kiva Dunes constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirements that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kiva Dunes is not responsible for third party access to your account that results from theft or misappropriation of your account. Kiva Dunes and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Kiva Dunes does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under eighteen, you may use this site only with permission of a parent or guardian.

Cancellation/Refund Policy

You can return merchandise for 30 days after date of purchase with proof of purchase. All shipping on returned items will be at the customer’s expense. Please contact us at [email protected] with any questions.

Links to Third Party Sites/Third Party Services

This site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kiva Dunes and Kiva Dunes is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Kiva dunes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of Kiva Dunes of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.shopkivadunes.com domain, you hereby acknowledge and consent that Kiva Dunes may share such information and date with any third party with whom Kiva Dunes has a contractual relationship to provide the requested product, service or functionality on behalf of this Site’s users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.shopkivadunes.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kiva Dunes that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kiva Dunes or its suppliers and protected by the copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or part, found on the Site. Kiva Dunes content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without express written permission of Kiva Dunes and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of Kiva Dunes, or our licenses except as expressly authorized by these Terms.

The Service is controlled, operated, and administered by Kiva Dunes from our offices within the United States. If you access the Service from a location outside of the United States, you are responsible for all compliance with local laws. You agree that you will not use the Kiva Dunes content accessed through this Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kiva dunes, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of the Agreement or your violation of any third party, or your violation of any applicable laws, rules or regulations.  Kiva Dunes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you willfully cooperate with Kiva Dunes in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising of or concerning these Terms and Conditions, or any provisions thereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims regarding to these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these terms and Conditions will take place on an individual basis, class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRENTATIVE PRECEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kiva Dunes agree otherwise, the arbitrator may not consolidate more than one person’s claims, and mat not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE IN ACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D&E INVESTMENTS, LLC AND/OR IT SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

D&E INVESTMENTS, LLC AND/OR IT’S SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITED BY APPLICALBLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTIES AND CONDITION OF ANY KIND.  D&E INVESTMENTS, LLC AND/OR IT’S SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D&E INVESTMENTS, LLC AND/OR IT’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNTITUVE, INCEDNTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANYDAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF D&E INVESTMENTS, LLC OR ANY OF IT’S 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Kiva Dunes reserves the right, in sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama, and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give affect to all provisions of these Terms, including, without limitations, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiva Dunes because of this Agreement or use of the Site. Kiva Dunes’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kiva dunes’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kiva Dunes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to 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 Kiva Dunes with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral, or written, between the user and Kiva Dunes with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Kiva Dunes reserves the right, in its sole discretion, to change the Terms and Conditions under which www.shopkivadunes.com is offered. The most current version of the Terms will supersede all previous versions. Kiva Dunes encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Kiva Dunes welcomes your questions or comments regarding the Terms:

D&E Investments, LLC

815 Plantation Rd

Gulf Shores, Al. 36542

 

Email Address:

[email protected]