Kusak Crystal Terms and Conditions
Last updated: Feb 19, 2019
Welcome to Kusak.com. Kusak Crystal and/or its affiliates ("Kusak Crystal") provide website features and other products and services to you when you visit or shop at Kusak.com, use Kusak Crystal products or services, use Kusak Crystal applications for mobile, or use software provided by Kusak Crystal in connection with any of the foregoing (collectively, "Kusak Crystal Services"). Kusak Crystal provides the Kusak Crystal Services subject to the following conditions.
By using Kusak Crystal Services, you agree to these conditions. Please read them carefully.
When you use Kusak Crystal Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Kusak Crystal Services, such as our Order Management Software, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Kusak Crystal Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Kusak Crystal or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Kusak Crystal Service is the exclusive property of Kusak Crystal and protected by U.S. and international copyright laws.
Kusak Crystal trademarks and service marks include, but are not limited to, "Kusak©", "Kusak Crystal©". ALL RIGHTS RESERVED. Any use of such trademarks or service marks, or the product names or logos is strictly prohibited.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kusak Crystal Service are trademarks or trade dress of Kusak Crystal in the U.S. and other countries. Kusak Crystal's trademarks and trade dress may not be used in connection with any product or service that is not Kusak Crystal's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kusak Crystal. All other trademarks not owned by Kusak Crystal that appear in any Kusak Crystal Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kusak Crystal.
LICENSE AND ACCESS
You may need your own Kusak Crystal account to use certain Kusak Crystal Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Kusak Crystal does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Kusak Crystal Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Kusak Crystal Household. Alcohol listings on Kusak Crystal are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Kusak Crystal reserves the right to refuse service, terminate accounts, terminate your rights to use Kusak Crystal Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Kusak Crystal reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Kusak Crystal a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kusak Crystal and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kusak Crystal for all claims resulting from content you supply. Kusak Crystal has the right but not the obligation to monitor and edit or remove any activity or content. Kusak Crystal takes no responsibility and assumes no liability for any content posted by you or any third party.
All trademarks or logos shown in our catalog or website are for illustration purposes only. Artwork submitted to us is assumed to be in compliance with all applicable laws governing trademarks, copyrights, or patents. Responsibility for such compliance rests with the customer. Logos, pictures and trademarks displayed in this catalog have been reproduced only as examples of work. They are not presented for resale nor are they to be construed as product or brand name endorsements.
Kusak Crystal respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
RISK OF LOSS
All purchases of physical items from Kusak Crystal 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.
ORDERS & TRANSACTIONS
All orders and purchases of goods and/or services submitted electronically via our website or through email or over the phone with an authorized Kusak Crystal representative are subject to all applicable charges and fees. For more information about ordering, please see our Ordering & Shipping page.
RETURNS, REFUNDS AND TITLE
Kusak Crystal 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, Kusak Crystal does not take title to the refunded item. For more information about our returns and refunds, please see our Returns & Exchanges page.
Kusak Crystal attempts to be as accurate as possible. However, Kusak Crystal does not warrant that product descriptions or other content of any Kusak Crystal Service is accurate, complete, reliable, current, or error-free. If a product offered by Kusak Crystal itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Kusak Crystal and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Kusak Crystal.
With respect to items sold by Kusak Crystal, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kusak Crystal 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 cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. With respect to our imprinting processes on promotional products, we reserve the right to ship and bill up to 10% over or under the quantity ordered.
"Quantity Discounts" and "Sale Price" are special promotional discounted prices off "List Price" or "Retail Price". Sometimes when we lower prices as part of a promotion, other retailers will decrease their own prices in response. As a result, we may decrease our price during the promotion, and after the promotion our price may be the same or even lower than the original promotional price in order to offer you consistently low prices.
Kusak Crystal consistently works toward maintaining competitive prices on everything we carry. Kusak Crystal doesn't offer price matching.
Shopping Cart Prices
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
Note: You're not charged until after your order has entered the shipping process. 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 cancellation. This applies only to products sold and shipped by Kusak.com.
Kusak Crystal works with many suppliers and factories each vetted for high quality materials, product selection, and manufacturing capabilities to offer you the best, most innovated, and widest selection of products available. Although Kusak Crystal doesn't own the end-to-end process of all products sold, Kusak Crystal ensures that all products sold meet all applicable federal safety requirements as enforced by the U.S. Food and Drug Administration, the Consumer Product Safety Commission, and the Federal Communications Commission.
Kusak Crystal is committed to applying the highest safety standards to our products while conducting business in an ethical and socially responsible way.
California Proposition 65 (Prop 65)
Kusak Crystal products that are shipped to California are also subject to Proposition 65, www.p65warnings.ca.gov, which is known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Proposition 65 required businesses to give clear and reasonable warning to purchase prior to completing the purchase regarding chemicals that are known to the state of California to cause birth defects or other reproductive harm. For a plain language version of the Proposition 65 regulations, please visit: http://www.oehha.ca.gov/prop65/background/p65plain.html
If for any reason a product is known to Kusak Crystal not to comply with all Prop 65 standards, the product will have a Prop 65 warning applied to it when the product is known to be shipped to California.
Kusak Crystal cannot test every piece of every order that we ship to California for every one of the Proposition 65 listed 850 chemicals, and you may continue to have concerns about compliance with Proposition 65. If so, then the safest option is to include a label on each product that may ship to the State of California which we will do free of charge upon request. The label will read as follows and will ensure full compliance with California Proposition 65 requirements:
WARNING: Cancer and Reproductive Harm - www.p65warnings.ca.gov
Do to the nature of Kusak Crystal products as promotional marketing materials and awards & recognition gifts, original packaging and warning labels may be removed and distributed by end-users in the state of California without Kusak Crystal knowledge. Due to this, by purchasing from Kusak Crystal, you agree to fully defend, indemnify and hold Kusak Crystal harmless from any alleged violations of Proposition 65 concerning products purchased from Kusak Crystal or any of its subsidiaries including any and all claims, demands, lawsuits, actions, proceedings, liabilities, damages, fines, penalties, imposts, fees, costs, losses, and expenses including, but not limited to, reasonable attorney’s fees and costs.
Consumer Product Safety Improvement Act (CPSIA)
As a reminder, the purpose of this law is to provide consumers with the source of each product with the goal of improving the safety of each product. Please visit the Consumer Product Safety Commission for more information.
In compliance with CPSIA, all products primarily intended for children under age 12 will include tracking numbers. Testing and all documentation for these products may be requested from the factory. Prime Line® does not intend for any items to be used as children's products or toys, but rather as advertising specialty items only.
In accordance with section 14(a)(5) of the Consumer Product Safety Act,15 U.S.C. §2063(a)(5) (CPSA), all youth apparel sold by Prime Line has been lab tested, has a certificate of conformity, and CPSIA compliant tracking number. In addition, each imprinted youth garment will be imprinted with a permanent tracking number using CPSC approved ink. The tracking label will be applied to the inside back hem of each youth shirt in one color and will contain our compliance phone number and the sales order number both printed in a 12 pt font. Light color shirts will be printed in a dark color ink, dark color shirts will be printed in a light color ink. Additional fees may apply.
SANCTIONS AND EXPORT POLICY
You may not use any Kusak Crystal Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Kusak Crystal Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Kusak Crystal Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Kusak Crystal SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kusak Crystal SERVICES ARE PROVIDED BY Kusak Crystal ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Kusak Crystal MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Kusak Crystal SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kusak Crystal SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Kusak Crystal SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Kusak Crystal DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kusak Crystal DOES NOT WARRANT THAT THE Kusak Crystal SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kusak Crystal SERVICES, Kusak Crystal'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Kusak Crystal ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Kusak Crystal WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Kusak Crystal SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Kusak Crystal SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Kusak Crystal Service, or to any products or services sold or distributed by Kusak Crystal or through Kusak.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our more recent corporate address: click here. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Kusak Crystal will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
How to Serve a Subpoena
If you have a subpoena to serve on Kusak Crystal, please note that Kusak Crystal does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Kusak.com, preferably by mailing the subpoena to Corporation Service Company (CSC), Kusak Crystal's national registered agent. Please find below the Florida address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): click here
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Kusak Crystal devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing click here. Please provide us with this information: A physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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.
Please note that this procedure is exclusively for notifying Kusak Crystal that your copyrighted material has been infringed.