Terms of Service

  1. IMPORTANT – this is a legal agreement between you (“You”) and Kahna, Inc. and its subsidiaries and affiliates (collectively, “KAHNA” “We” or “Us”), as owner of Kahnasport.com (the “Website”). You should read carefully the following terms of use (“TOU”) as they govern your use of the Website. These TOU are subject to change without prior written notice at any time, in KAHNA’s sole discretion. By using the Website and/or by placing an order for products through the Site, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of this Website is expressly conditioned upon your agreement to these TOU, as well as our Privacy Policy (“Additional Policies”).

  2. If at any time You have any questions or concerns, please contact Us at the information found at http://www.Kahnasport.com/contact.

  3. LICENSE GRANT AND RESTRICTIONS. KAHNA hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Any unauthorized use terminates the permission or license granted by us. Notwithstanding the foregoing, You agree not to (nor allow third parties to) modify, translate, decompile, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You may not (nor allow third parties to) remove or alter any proprietary notices or labels, create, copy, distribute, broadcast, transmit, publish, disclose or create works wholly or partially based on the Website. You may not (nor allow third parties to) license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein. You may not (nor allow third parties to) use any metatags or any other “hidden text” utilizing our name, trademarks, service marks or any other of Our Intellectual Property without our express written consent. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.

  4. USER REPRESENTATIONS. By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website. Furthermore, You acknowledge and agree that this Website is directed at users in the U.S. only (and ships product to U.S. only).

  5. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that KAHNA transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. The entire content included in the Website (except for User-Posted Content, defined below), including but not limited to all text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, digital downloads, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” arrangement and compilation of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by KAHNA and all other names, logos, buttons, and icons identifying KAHNA and its products and services are proprietary trademarks of KAHNA and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. All trademarks, service marks and trade names (e.g., the KAHNA name, logo, and slogan) are trademarks or registered trademarks of KAHNA. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.

  6. CONTENT SUBMITTED BY YOU. 

    1. “User-Posted Content” include communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by KAHNA.

    2. From time to time, We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our Website. However, KAHNA does not and cannot review all communications or material posted to or created by users accessing the site, and is not, in any manner, responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User-Posted Content on the site, KAHNA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to KAHNA must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. In such cases, KAHNA reserves the right to block or remove such communications or materials. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity.

    3. Upon your submission of any and all User-Posted Content, You grant KAHNA a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Posted Content, such that KAHNA shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you.

    4. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.

    5. Immediately notify KAHNA in writing of any objectionable content appearing on the Website. KAHNA will make good faith efforts to investigate allegations that any User-Posted Content violates these TOU but makes no promise that it will edit or remove any specific User-Posted Content.

  7. PURCHASING GOODS.

    1. GENERAL.

      1. This Website is directed at users in the U.S. only (and ships product to U.S. only).

      2. Please be aware that: (i) the colors of goods as shown on the Website will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; and (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only. We reserve the right to adjust prices, goods and special offers at our discretion.

      3. KAHNA does not, and cannot guarantee that any electronic communications to KAHNA by means of this Website will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, KAHNA makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions

    2. PLACING ORDERS. Once You have selected the goods which You would like, You will be asked to register your personal details with us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the Website.

      1. Upon Registration, 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.

      2. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.

      3. When You place an order for goods via the Website, your order constitutes a series of offers to purchase each item listed from us.

      4. After placing an order with us, You will access an order confirmation webpage and receive an order confirmation email (the “Order Confirmations”). The Order Confirmations set out the final details of the order which You have submitted to the Website. Please take care when placing your order, as You will be unable to add to or amend your order after We send the Order Confirmations.

    3. ACCEPTING ORDERS. All orders placed through the Website are subject to KAHNA’s acceptance. Acceptance occurs when We send out our Order Confirmations or when We send You a Shipping Confirmation that confirms that the goods ordered by You have been dispatched. If We think that an error has affected your order, We will make all reasonable efforts to notify You via the contact information You provided to us on your account or during your order. KAHNA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. KAHNA reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, KAHNA shall issue a credit to your credit card account in the amount of the incorrect price.

    4. PAYMENT. We will take payment from your credit, debit card, gift card and Paypal account at the time your order is shipped. You will receive an email detailing what items have shipped from your order and the cost to ship these items (the “Invoice Email”). If your order is split into multiple shipments, We will charge You only for the items actually shipped at that time. Except where otherwise set out in these Terms, the price payable by You for the goods is the price given by the Website at the time You place your order. Applicable taxes and the delivery fee will be added at the time You place your order, but will not affect the base price of the goods.

    5. SHIPPING AND DELIVERY. After We send You your Order Confirmation e-mail, We will send You a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that You may use to track your order on our delivery service provider’s website and obtain an estimated delivery date. The goods will be delivered by a delivery service provider to the delivery address specified by You during the order process. All items purchased from KAHNA 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. KAHNA does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, KAHNA does not take title to the refunded item. For more information about our returns and refunds, please see the below section 6(f).

    6. RETURNS AND CANCELLATIONS.

      1. Orders for Made to Order Goods cannot be cancelled after an Order Confirmation has been sent to You due to the fact that they have been created specifically for your use and cannot be resold by us. You may cancel your order for all other goods at any time up until We send You the Shipping Confirmation email.

      2. For all goods other than Made to Order Goods, We offer a 45 day returns period, allowing You to cancel your order for up to 45 days after the goods have been received.

      3. We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data You provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) We have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) We have reason to believe that You are under 18 years old and do not have parental consent; or (vii) We cannot deliver the goods to the address You have provided.

      4. If any goods, including Made to Order Goods, have been delivered and found to be mis-described, or are damaged or faulty and We cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that You notify us of the alleged defect within 45 days after the goods has been received.

    7. FORCE MAJEURE. We will not be responsible for any delay or failure to comply with this TOU or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.

  8. COPYRIGHT INFRINGEMENT COMPLAINTS. We prohibit users from posting on the Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that Website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give KAHNA legally sufficient notice to KAHNA of infringement. We suggest that you consult your legal advisor before filing a DMCA notice with KAHNA’s copyright agent. There can be penalties for false claims under the DMCA. Send copyright infringement complaints to:

    1. Fill in the address you want to use here

  9. IMPORTANT NOTICE FOR ATHLETES. You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as an athlete. Please check with your athletic association for the rules that apply to you. KAHNA IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN ATHLETE

  10. PRIVACY POLICY. Please review KAHNA’s Privacy Policy found at http://www.Kahnasport.com/privacy for a summary of KAHNA’s personally identifiable information collection and use practices

  11. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that KAHNA reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Website.

  12. THIRD-PARTY LINKS. The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages are maintained by third parties over which KAHNA exercises no control. Accordingly, KAHNA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

  13. WARRANTY DISCLAIMER. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KAHNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. KAHNA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  14. LIMITATION OF LIABILITY. IN NO EVENT SHALL KAHNA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KAHNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF KAHNA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KAHNA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

  15. INDEMNITY. By using this Website, You agree to defend, indemnify and hold harmless KAHNA and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.

  16. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to KAHNA, such injury would not be quantifiable in monetary damages, and KAHNA would not have an adequate remedy at law. You therefore agree that KAHNA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

  17. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Website. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice.  You understand and agree that some of your User-Posted Content may continue to appear on the Website or on other social platforms even after your User Content is removed or your account is terminated. This TOU remains in effect even after your account is terminated. You may also terminate this TOU at any time by ceasing all use of the Website. All Sections herein relating to Intellectual Property rights, Disclaimer, Limitations on Liability, Severability, Indemnification and terms that by their nature may survive termination shall survive the termination of this TOU for any reason.

  18. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

  19. JURISDICTION AND APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law’s provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of New York within New York County.

  20. INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and KAHNA as a result of this TOU or your utilization of the Website.

  21. SEVERABILITY. If any provision in this TOU is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in this TOU is deemed unlawful, void or unenforceable, then that provision is deemed severable from this TOU and the remaining provisions are still valid and enforceable.

  22. ENTIRE AGREEMENT. This TOU and the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and KAHNA with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and KAHNA with respect to the Website.

  23. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of KAHNA.

  24. HEADINGS. Headings are for convenience only.