This Account Agreement governs your account and all purchases with Ethnic Direct, LLC the owner and operator of KIUBOshop.com (the "Website"). Other services on the Site, provided by Ethnic Direct, LLC, may be governed by additional terms and conditions. For example, your general use of and visit to the Website is also governed by the Terms of Use, incorporated by reference herein and located on the bottom of the Website. The issuance of credits and points, including through the Affiliate Program, are governed by the Terms and Conditions of the Affiliate Program, incorporated by reference herein.

If you click on “Create My Account,” then you agree to be bound by the terms of this Account Agreement. If you do not agree to be bound by the terms of this Agreement, do not click on “Create My Account,” and you will not be able to proceed with opening an account with Ethnic Direct, LLC. In addition to creating an account, you will be asked to agree to the terms in this Account Agreement during the checkout process. If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with purchasing any products through the Website.

In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", "us", "our", and "Ethnic Direct, LLC" refer to Ethnic Direct, LLC, its employees, members, representatives, officers, directors, agents, successors and assigns.

1. Changes to Account Agreement. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Website, or send them to you via e-mail or postal mail. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN E-MAIL TO: WeCare@KIUBOshop.com. YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

2. Privacy. Registration data and other information about you are subject to our Privacy Policy Statement.

3. Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card, if there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.

4. Option to Schedule Your Orders. We may offer an option where you can schedule your orders in advance (e.g., scheduling certain orders to be delivered by Ethnic Direct, LLC on a monthly, periodic or specified basis). You will need to expressly instruct us should you wish to participate in such a program, whereby we will send you the order(s) you designated in advance and, accordingly, charge the credit card number you have on file with Ethnic Direct, LLC prior to shipment. Such pre-scheduled orders may be processed up to ten (10) days in advance so you must provide us at least ten (10) days advance notice if you wish to change or cancel the order. If you fail to provide notice of the change/cancellation within the time period specified above, we cannot guarantee that your request will be complied with until after the order has been shipped. In such event, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with the order already processed or shipped before your request was received.

5. Order Changes/Cancellations. Do not assume that a cancellation or change of ANY order you requested from Ethnic Direct, LLC, whether pursuant to a scheduled program or not, has been effected until you receive a confirmation from Ethnic Direct, LLC via email or the Website. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.

6. Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.

7. Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review upon first receipt — whether delivered to you by e-mail, by a posting on the Website, or by all other electronic means — all order confirmations, statements of Affiliate Program balances, transaction history, notices, and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the Website. In all cases, Ethnic Direct, LLC reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Ethnic Direct, LLC shall be deemed to be delivered and available to you whether actually received or not. 

You agree that Ethnic Direct, LLC fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Website, or in the form of an available download from the Website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by Ethnic Direct, LLC, you will promptly advise Ethnic Direct, LLC in order to allow us to make the required delivery by other means. Failure to advise Ethnic Direct, LLC of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open said document.

8. Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your Ethnic Direct, LLC account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password. 

You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Ethnic Direct, LLC in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of (i) any loss, theft or unauthorized use of your password and account number; (ii) any failure by you to receive a message from us indicating that an order was received and executed; or (iii) any inaccurate information in your account or transaction history. 

If you fail to notify Ethnic Direct, LLC immediately upon your knowledge when any of the above conditions occur, neither Ethnic Direct, LLC nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Ethnic Direct, LLC or anyone involved in creating, producing, delivering or managing Ethnic Direct, LLC's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, the services provided by Ethnic Direct, LLC or out of any breach of any warranty by Ethnic Direct, LLC. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, Ethnic Direct, LLC's liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement. 

To the full extent permissible by applicable law, Ethnic Direct, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 

The use and storage of any information, including, without limitation, the password, transaction activity, Affiliate Program balances, and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by you in accessing the Website or related services.

9. Trademarks. "KIUBOshop.com", "KIUBO Mexico", "Ethnic Direct, LLC" and "855-KIUBO-HELP" and other marks indicated on our site are trademarks or trade dress of Ethnic Direct, LLC in the United States and other countries. Ethnic Direct, LLC's trademarks and trade dress may not be used in connection with any product or service that is not Ethnic Direct, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ethnic Direct, LLC or the Website. All other trademarks not owned by Ethnic Direct, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ethnic Direct, LLC.

10. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ethnic Direct, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ethnic Direct, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Ethnic Direct, LLC or its software suppliers and protected by United States and international copyright laws.

11. Limitations, Restrictions, and Termination of KIUBOshop.com Services. You are authorized to use products or materials which are sold or made available by Ethnic Direct, LLC for your own needs only, and you are not authorized to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.

You understand that Ethnic Direct, LLC may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Website or related services or your ability to purchase products on the Website. Ethnic Direct, LLC may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Ethnic Direct, LLC at any time for any reason, subject to the conditions of Section 4 herein. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.

12. Risk of Loss/Warranties/Returns. All items purchased from Ethnic Direct, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

The merchandise offered for sale by Ethnic Direct, LLC is manufactured by third parties and to the full extent permissible by law, Ethnic Direct, LLC disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Company only pursuant to the Return Policy located on the Website. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.

13. Mispricing. Despite our best efforts, a small number of the items on our Website may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such 

14. Monitoring and Recording Telephone Conversations and E-Mail. For your protection and for the protection of Ethnic Direct, LLC, and as a tool to correct misunderstandings, you understand, agree and authorize Ethnic Direct, LLC, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Ethnic Direct, LLC and any of Ethnic Direct, LLC's employees or agents and to monitor your electronic communications with Ethnic Direct, LLC. 

15. Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.

16. Extraordinary Events/Technical Difficulties. You specifically agree to hold Ethnic Direct, LLC harmless from any and all claims, and agree that Ethnic Direct, LLC shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Ethnic Direct, LLC from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Ethnic Direct, LLC immediately with any discrepancies.

17. The Laws of the State of New York Govern / Assignment. This Agreement and its enforcement shall be governed by the laws of New York and shall cover individually and collectively all accounts you may open with Ethnic Direct, LLC and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators, and assigns. This Agreement shall inure to the benefit of Ethnic Direct, LLC and its successors, assigns and agents. Ethnic Direct, LLC may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.

18. Agreement to Arbitrate Controversies. You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, KIUBO will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and KIUBO may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

Notwithstanding the above, to the extent you have in any manner violated or threatened to violate Ethnic Direct, LLC's intellectual property rights, Ethnic Direct, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. 

19. Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Ethnic Direct, LLC.

20. Amendments; Entire Agreement. You understand that access to and your use of your account constitutes your consent and agreement to abide by the terms and conditions of this Account Agreement. Ethnic Direct, LLC may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the Website. Continued use of Ethnic Direct, LLC after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and Ethnic Direct, LLC concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the KIUBOshop.com Website. By your use of Ethnic Direct, LLC, its services, and the Website, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of Ethnic Direct, LLC.

21. Separability. If any provision or condition of this Agreement is held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.

22. Headings are Descriptive. The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

23. Affiliate Program. The issuance of credits and points to members, including through the Affiliate Program, are governed by the Terms and Conditions of the Affiliate Program.