KISS Products, Inc. and its affiliates and subsidiaries (collectively “KISS”) welcome you to the website accessible at www.kissusa.com and KISS's various brand websites, including arriausa.com and any mobile versions thereof or related mobile applications (collectively, the “KISS Sites”).

KISS offers the KISS Sites, including all information, tools and services available on the KISS Sites, to you, subject to your acceptance of these Terms. For ARRIA accounts and purchases, we present these Terms for your affirmative acceptance when you create an account or place an order. If you do not wish to be bound by these Terms of Use, please do not use any KISS Site.

Certain features or services offered on the KISS Sites may be subject to separate guidelines, terms and conditions which may be posted by KISS from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms.

In most cases the Additional Terms are specific to a particular feature of a KISS Site or a service or offering provided on a KISS Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail, except that the Shipping Policy and Return Policy disclosed at checkout govern the specific ARRIA purchase matters they address. Nothing in these Terms or Additional Terms limits nonwaivable rights under applicable law.

The Privacy Policy linked on the applicable KISS Site explains how personal information is collected, used and disclosed. For arriausa.com, please review the Privacy Policy linked on arriausa.com. Acknowledging that notice or accepting these Terms does not constitute consent to processing for which separate consent is required by applicable law.

We may update these Terms prospectively by posting a revised version and effective date, with additional notice or assent where required by law. The purchase terms accepted when you placed an order govern that order. We will not apply a later change retroactively to remove an accrued consumer right.

All content on the KISS Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, “KISS Content”), is the exclusive property of KISS, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.

KISS grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of the KISS Sites. KISS strictly prohibits all other uses of the KISS Sites and KISS Content, including but not limited to downloading, copying, modifying or other use of the KISS Sites or KISS Content for any purposes competitive to KISS or to benefit another vendor or third party; framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); any collection and use of any product listings, descriptions, or prices; any use of any meta tags or any other “hidden text” utilizing KISS's name or trademarks; any use of data mining, robots, or similar data gathering and extraction tools; any caching or linking to a KISS Site in a manner that portrays KISS or its products or services in a false or misleading way; and any uploading, posting or transmitting of material with software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.

You are responsible for obtaining access to the KISS Sites, and any third-party fees. You must provide and are responsible for all equipment needed to access the KISS Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the KISS Sites. Any unauthorized access to the KISS Sites by you shall terminate the permission or license granted to you by KISS. KISS may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, KISS reserves all other rights and no other rights are granted by implication or otherwise.

Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, “User Content”) on or through the KISS Sites, provided that the User Content:

• is not confidential and proprietary;
• does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
• does not contain software viruses or malware;
• does not consist of political campaigning, chain letters, mass mailings, or any form of “spam”;
• does not contain ads or solicitations of any kind, or other commercial content;
• is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the source;
• does not contain messages by non-spokesperson employees of KISS or any of its brands purporting to speak on behalf of KISS or containing confidential information or expressing opinions concerning KISS and its brands;
• does not offer unauthorized downloads of any copyrighted, confidential or private information; and
• does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless KISS expressly asks you to provide such information.

If you do post any User Content, you grant KISS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant KISS and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose.

You represent and warrant that you own or otherwise control all of the rights to your User Content that you post; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify KISS, including licensors, against all claims, including any attorneys' fees relating to that defense thereof, resulting from your User Content.

To the full extent permissible by law, KISS assumes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a KISS Site.

Nothing in these Terms prohibits or penalizes an honest consumer review protected by applicable law. The User Content license is nonexclusive and does not transfer ownership of your review.

KISS attempts to be accurate at all times when describing our products on a KISS Site. However, KISS does not warrant that descriptions and any other content or information accessible on the KISS Sites are accurate, complete, reliable, current or error-free. Reference to any product or service on a KISS Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by KISS to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on the KISS Site. Specific advice concerning the availability and suitability of any particular product or service should be sought from the local KISS affiliate or distributor concerned.

For ARRIA orders, if a material pricing or product-description error affects an order we have not fulfilled, we will contact you with the correction and any required choice to proceed or cancel. If we cancel an order, we will refund amounts paid as required by law. Nothing here negates an express product warranty or permits shipment of materially different goods without the required agreement.

KISS does not warrant that the KISS Sites will be error-free and that our services will not be interrupted or affected by any problems or bugs. KISS does not assume any responsibility or liability for such problems or bugs.

The KISS Sites are provided by KISS on an ‘as is’ and ‘as available’ basis. KISS makes no representations or warranties of any kind, express or implied, as to the operation of the KISS Sites or the information and content included on the KISS Sites, subject to applicable law. These site-related disclaimers do not eliminate express product warranties or nonwaivable obligations concerning goods sold. You expressly agree that your use of the KISS Sites is at your sole risk.

To the full extent permissible by applicable law, KISS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KISS does not warrant that the KISS Sites, their servers, or e-mails sent from KISS or on KISS's behalf by its service providers are free of viruses or other harmful components.

To the extent permitted by applicable law, KISS will not be liable for indirect, incidental, or consequential damages arising solely from use of the KISS Sites. This limitation does not apply to fraud, willful misconduct, gross negligence, liability for personal injury from defective products, or any liability that cannot lawfully be limited.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

To the extent permitted by law, you will indemnify and hold harmless KISS Products, Inc., its subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “KISS Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys' and expert fees), incurred by the KISS Parties, and shall defend the KISS Parties against third-party claims to the extent caused by: (1) your breach of these Terms; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. This indemnity does not cover loss caused by a KISS Party or a consumer's good-faith assertion of legal rights. The applicable KISS Party may control the defense, but no settlement may impose an admission or nonmonetary obligation on you without your consent. You may not settle a covered claim on behalf of a KISS Party without its consent.

The trademarks, trade names, service names, logos, marks or indicia or other proprietary graphics displayed on the KISS Sites (collectively, “Marks”) are the property of KISS or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by KISS or its subsidiaries that appear on the KISS Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KISS or its subsidiaries.

You are prohibited from using or displaying any of the Marks appearing on any KISS Site in any manner, including but not limited to use as meta tags on other pages or sites, without the written permission of KISS or such third party which may own the applicable Mark.

It is KISS's policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement by third parties should be sent to KISS's Copyright Agent, c/o KISS customer service. To be effective under the DMCA, notification must be a written communication that includes:

• (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• (b) a description of the copyrighted work claimed to have been infringed;
• (c) identification of the material claimed to be infringing and its location on the applicable KISS Site;
• (d) your address, telephone number, and email address;
• (e) a statement of good faith belief that the use is not authorized; and
• (f) a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner's behalf.

You may be held liable for damages based on material misrepresentations in a DMCA notice.

You acknowledge that any purchased goods licensed or sold on the KISS Sites may be subject to the customs and export control laws and regulations of the United States and the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading or using technology or software from the KISS Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

If you have any questions or comments regarding these Terms, email hello@arriausa.com or send a letter to: KISS Products, Inc., 25 Harbor Park Drive, Port Washington, NY 11050.