Terms and Conditions
Welcome to KVA Promotions!
These terms and conditions outline the rules and regulations for the use of KV & Associates, LLC's Website, located at KVAPromotions.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use KVAPromotions.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, KV & Associates, LLC and/or its licensors own the intellectual property rights for all material on KVAPromotions.com. All intellectual property rights are reserved. You may access this from KVAPromotions.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from KVAPromotions.com
• Sell, rent or sub-license material from KVAPromotions.com
• Reproduce, duplicate or copy material from KVAPromotions.com
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of KV & Associates, LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to KV & Associates, LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of KV & Associates, LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Use of Trademarks and Designs Submitted to KV & Associates, LLC (KVA Promotions)
Any company or individual ordering custom-imprinted merchandise KV & Associates, LLC (KVA Promotions), warrants and represents that you are the sole, legal owner or licensee of all rights, including copyright, to each trademark, logo, statement, or any other intellectual property included in the design you instruct us to have imprinted on the merchandise you purchase. Furthermore, you warrant that the designs you approve for reproduction are in accordance with the guidelines of the owner of said trademark or logo.
You warrant and represent that no part of the design violates or infringes upon the rights of any person or entity nor is it subject to any restriction or right of any kind or nature whatsoever which would prevent KV & Associates, LLC (KVA Promotions) from legally reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against KV & Associates, LLC (KVA Promotions) for reproduction of the trademarks, logo or written information you supply to us which constitutes wrongful use of any copyright, trademark, or other right of any third party. KV & Associates, LLC (KVA Promotions) shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark that is applied to promotional merchandise purchased from us. Further, KV & Associates, LLC (KVA Promotions) will not accept liability for the actions of clients who have misrepresented their ownership of licenses or trademarks. Further, you agree to indemnify and hold KV & Associates, LLC (KVA Promotions) harmless from any loss or damage associated with any such claim, suit or proceeding.
Reproduction of Trademarks and Logos on KVAPromotions.com
All items shown on our web site containing corporate logos or registered trademarks are shown only to illustrate the logo reproduction capabilities of the companies that produce the respective merchandise displayed on our site. The illustration of any trademark on our site does not constitute any endorsement by KV & Associates, LLC (KVA Promotions) on behalf of the owner of said trademark or design.
Product Images Displayed on KVAPromotions.com
We warrant that we have not altered or enhanced any images shown on our web site to misrepresent the true nature of the product displayed. We strongly urge our customers to request samples of the products they are considering for purchase to ensure that the color and quality meet their requirements for distribution.
We cannot guarantee that all orders purchased through KV & Associates, LLC (KVA Promotions) will be 100% consistent in color and material consistency. Minor variations in dye lots, and material thickness and finish are inherent to the manufacturing process. By placing your order with KV & Associates, LLC (KVA Promotions) you agree to accept merchandise with such reasonable manufacturing variations.
Transfer of Ownership Merchandise
KV & Associates, LLC (KVA Promotions) provides a firm ship date for your order and we recommend the most efficient and cost-effective methods to ship based upon your in hands date and destination. Our products are sold F.O.B. (freight on board) factory and are owned by the purchaser once they are picked up by the carrier.
KV & Associates, LLC (KVA Promotions) shall not be held responsible for delays in delivery resulting from acts of God or other circumstances beyond our control. Our specified ship dates for your order(s) are based on the representations of the factory where your merchandise is produced. We will not be held liable for any special damages or consequential claims that exceed the invoiced value of the merchandise purchased if merchandise is not shipped on the specified date or is delayed in transit.
We warrant that all merchandise sold to you by KV & Associates, LLC (KVA Promotions) is free of any security interest. We shall make available all transferable warranties from the manufacturer of the merchandise available to you, the buyer. We do not express or imply any warranties as to the fitness for purpose of the merchandise you purchase from us.
Cancellation or Changes To Existing Orders
Once you have returned a signed order acknowledgment, we cannot guarantee that we will be able to make changes to or cancel your order without incurring charges. This will depend on the extent of work the producing factory has performed on your order. We will advise you in writing of any and all costs incurred prior to making changes or cancellations with the factory. You will be responsible for payment of those charges without dispute. Should you cancel your order with KV & Associates, LLC (KVA Promotions) prior to the commencement of production by the factory, you will be charged a processing fee of $50.00 for the work we have done to place your order into production plus proof charges if applicable.
Claims, Adjustments & Returns
Should you have any problems with your order, please contact us at 858.277.7036 or firstname.lastname@example.org within 15 days of receipt of your merchandise. We urge you to inspect your merchandise upon arrival in order to facilitate the resolution of any claims. Do not return the merchandise to us without receiving a Return Authorization as it will be refused. If you receive a Return Authorization we will advise the correct shipping address for your return. Your Empire Account Rep will assist you in resolving your claim if your order has not been produced as requested or is defective in manufacture. Claims for merchandise damaged in transit must be resolved with the carrier.
KV & Associates, LLC (KVA Promotions) is required to collect applicable sales tax in the state of California. If your company or organization is a nonprofit, we need a copy of your Tax Exempt Certificate. If you use promotional products for resale, we need a copy of your resale certificate.
We may grant Net 30 day payment terms after reviewing your completed credit application. By placing your order with KV & Associates, LLC (KVA Promotions) under these terms, you agree to pay our reasonable attorney or collection fees incurred for the collection of any past due balances on your account.
Any checks submitted for payment of our invoice(s) which are returned for insufficient funds will result in a charge of $50.00 to the entity to whom we issued the subject invoice(s).
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.