Terms and Conditions
Terms & Conditions
These terms apply to users of KalmLearning.com. They will be valid for all your future transactions with Kalm Learning and visits to KalmLearning.com. These conditions apply to sales of all products by KalmLearning.com to private individuals. This website is directed exclusively to private individuals. The conditions of sales mentioned hereafter concern only www.KalmLearning.com. KalmLearningr eserves the right to revise these terms and conditions. The date of the latest update is found at the end of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes.
We do not guarantee that all the items available at the KalmLearning.com online shop are in stock at the time of your order. In case we are out of stock of any items in your order we will contact you by phone or by e-mail. Kalm Learning cannot warrant that the content of Kalmlearning.com is at all time free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Kalm Learning may at any time change the content of the site and the items available in the product range. Though Kalm Learning strives to always display the correct texts, images and pricing in the site and web shop, errors may occur. If you have been charged the wrong amount when shopping at KalmLearming.com we will give you the option of placing a new order with the correct price or canceling your order. If we are unable to get in touch with you, your order will be automatically cancelled. Kalm Learning cannot be held responsible for any damage caused from using the site or not being able to use Kalmlearning.com. Kalm Learning cannot guarantee a problem-free and uninterrupted visit to KalmLearning.com
Copyright Permission Notice
Copyright (including without limitation, the trademarks of Kalm Learning logos, graphics, text, photos, designs, logos, icons, images data and software) provided in this web site are owned by or licensed to Kalm Learning and its affiliates. Kalm Learning may in the Terms and Conditions be referred to as ‘us’ or ‘we’. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, retransmit or otherwise distribute the material to others without prior written consent from Kalm Learning. for calm body, calm brain. You may not modify the material in any way, without the prior written permission from Kalm Learning. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please contact us at (insert email here)
USE AND RESTRICTIONS
You further agree not to use the Website: (1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (4) To impersonate or attempt to impersonate the us, an employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
You additionally agree not to: (1) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the Website; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and (8) Otherwise attempt to interfere with the proper working of the Website.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigation or verifying the accuracy of any content or any other information contained in such postings.
You may acquire products from this site. We reserve the right to require that you agree to separate terms as a condition of your purchase of such products. Purchases of products from this site are subject to third-party processing terms.
The material provided on this site is protect by law, including, but not limited to, United States copyright law and international treatises. The copyrights and other intellectual property in the content of this site are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to Kalm Learning Skin.
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notice should be addressed to the contact person specified below (our agent for notice of claimed infringement.
Kalm Learning, LLC
Spokane, WA 99224
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrights work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material: (3) Contact information for you, including your address, telephone number and/or email address: (4) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE IS NOT ENGAGED IN THE PRACTICE OF LAW. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY OR THROUGH THE USE OF THIS SITE. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAW, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, EVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIS SITE
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
LINKS TO THIRD-PARTY WEBSITES
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions or advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
CONSUMER RIGHTS INFORMATION; The Washington division enforces the Consumer Protection Act (RCW 19.86) and other statutes to help keep the Washington marketplace free of unfair and deceptive practices. If this site chargers for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with Washington consumer protection statutes. All correspondence should be addressed to our agent for notice at the following address:
Kalm Learning, LLC
Spokane, WA 99201
Email: You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. email@example.com
The Washington State Consumer Protection Division may be contacted in writing at Attorney General’s Office, Consumer Resource Center, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104 or by telephone at 206-464-6684.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration will take place in Spokane, Washington, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Washington, USA to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
JURISDICTION AND VENUE
This Agreement will be construed under laws of the State of Washington, USA, excluding rules regarding conflicts of law. The Application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded
ONWARD TRANSFER OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE
Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
If any provisions of these terms are declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had modified as above provide, as the case may be.
We will not be liable for damage for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.
Spokane, WA 99224
Founder & Creator: Heather Hart
Our trade marks include (amongst others) the Kalm Learning name and logo. These trademarks may be used or registered in more than one country and your use of this web site does not grant you any rights to use our trademarks.
Kalm Learning uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders.
Payment and Prices
We accept payments by Visa, MasterCard, Discover, and American Express, Paypal and Apple Pay. The full amount will be charged on the date of the purchase. Shipping costs will be added to your order. Please view Shipping & Returns for shipping charges. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. Kalm Learning does not keep its customers’ payment card details.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.