Terms and Conditions

KFA Company Terms of Service

Last Updated: March 5, 2020

These Terms of Service (the “Terms”) govern the use of the in-person and internet-based services offered by the Kush Foundation (Nevada), Kush Fine Arts Las Vegas, Inc. (Nevada), Kush Fine Art Laguna Beach, Inc. (California), and Kush Fine Art Ltd (Hawaii), Kush Fine Art Exports,Inc. (Hawaii) (collectively referred to as “KFA” or “we,” “our,” or “us”), including, but not limited to, the following:

  • Our website www.kushfineart.com and any and all websites owned, operated, or controlled by us from which you are accessing this Policy, including our portfolio brands (such brands and such websites, collectively, the “Websites”):
  • through our social media pages that we control from which you are accessing this Policy (collectively, our “Social Media Pages”)
  • through HTML-formatted email messages that we send you that link to this Policy and through your communications with us

Collectively, we refer to the Websites, the Apps, the Social Media Pages, and any other services, tools, technology, products, features, communications, and applications, as the “Services.” By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://kushfineart.com/privacy-policy/. Please read these Terms carefully before accessing or using our Services.  By accessing or using the Services, you agree to be bound by these Terms.  If you do not agree to all of these terms and conditions, then you may not access the Websites or utilize any Services.

Any new Service which is added to the Websites shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.





1. Eligibility




By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Services. Additionally, you represent and warrant that you have the right and authority to enter into this Agreement, whether on behalf of yourself or the person or entity that you represent. If you are under the age of majority, please do not submit any personal information to the Services. If you are 13 years old or younger, please do not use the Websites nor any Services for any purposes. Additionally, you may not access or use the Services if: (1) you believe you are a competitor of ours, (2) we deem you as a competitor of ours, or (3) we have previously banned you from the Services. To the extent that you do not meet the eligibility requirements as set forth herein, KFA may, at its sole discretion, elect to terminate your account.



2.  Accessing the Website and Account Security




While access to the Services generally does not require an account, in order to use certain Services offered, you may be required to register and create an account on the Websites and provide certain registration details. It is a condition of your use of the Websites that all information you provide is current, accurate, and complete.  You agree that all information you provide to register with Services is governed by our Privacy Policy https://kushfineart.com/privacy-policy/  and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.




3.  Limited License and Limitations on Use




KFA grants you a limited, non-transferable, and non-exclusive license to access and use the Services in accordance with the Terms. By using or accessing our Services, however, you represent and warrant that you will not, nor will you permit any third party, either directly or indirectly:

  • violate any international, federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the KFA to violate any such laws, rules, or regulations;
  • access or monitor any material or information on any of the Services or pages therein, by implementing a robot, spider, scraper, other automatic device, or manual process;
  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Services, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
  • perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
  • collect, record, process or mine information about other others;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by KFA;
  • use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
  • use the Services for any obscene or immoral purpose or to cause physical harm;
  • use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or KFA to harm;
  • use the Services to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Services;
  • use the Services to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • use the Services for promotional or commercial purposes, except in connection with a business account and as expressly allowed in writing by KFA;
  • use the Services in a manner that may create a conflict of interest, such as trading reviews with other business owners, compensating someone or being compensated to write or remove a review, or by writing a fake or defamatory review;
  • use the Services for keyword spamming or to otherwise attempt to manipulate natural search results;
  • use the Services to promote bigotry or discrimination against any persons or other users for any reason;
  • use the Services to violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any person or entity;
  • use the Services to submit or transmit any nude images of any kind, pornography or illegal content;
  • use the Services to solicit personal information from minors or to harm or threaten to cause harm to minors;
  • reverse engineer any portion of the Services, except as may be permitted under the law;
  • remove or modify any copyright, trademark or other proprietary rights notice on the Websites or on any materials printed or copied off of the Websites;
  • access, retrieve or index the Websites for purposes of constructing or populating a search-able database of business reviews;
  • reformat or frame any portion of the Websites;
  • attempt to gain unauthorized access to the Services, accounts, computer systems or networks connected to the Websites through hacking, password mining or any other means;
  • use the Services or any content therein to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • make excessive traffic demands;
  • use the Services to violate the security of any computer network, crack passwords or security encryption codes;
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of content, or features that enforce limitations on the use of the Websites; or
  • transfer any rights granted to you under these Terms;
  • create or direct anyone to create a competitive product;
  • submit false or misleading information;
  • otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that you have used the Services for unauthorized, illegal, or criminal purposes, we have express authorization to share information about you, your account, and any of your transactions with law enforcement. We reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Websites, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP) regarding such unauthorized use.




4. Your Proprietary Rights.




By uploading any information to the Services, you automatically grant (or warrant that the owner of such rights has expressly granted) KFA a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Services and to make your information accessible to you and other users.




5.  Intellectual Property Rights




KFA owns, or has licenses to exploit, all rights, title and interest in and to the Services, all the content (including, without limitation, art work, text, photographs, graphics, audio, visual, and audiovisual content), code, data and materials thereon, the look and feel, design and organization of the Services, and the compilation of the content, code, data, and materials on the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively, the “KFA Property”). No KFA Property shall be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted, or distributed in any way without the prior written permission of KFA. Additionally, you agree and certify that you will not imitate any part of the Services, including but not limited to the artwork, text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that we provide. Additionally, you agree that you shall not access Services in order to build a similar or competitive service. If you have done so or have been found to be complicit in doing so, KFA is entitled to seek monetary damages, injunctive relief and other remedies. Your use of the Services does not grant you ownership of any content, code, data, or materials you may access on or through the Services. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to any KFA or KFA’s licensors intellectual property rights.

The following actions are permissible uses by a user of the KFA Property:

  • Your computer may temporarily store copies of the KFA Property in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
  • If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features. You must not:
  • Modify copies of any KFA Property;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or,
  • Access or use for any commercial purposes any part of the Services or any KFA Property available through the Services.




6. Modification and Termination




We may terminate these Terms or suspend or terminate your account or your access to any Services, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Services changes by email or at the next time you attempt to access your account.

If these Terms are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. All sections of these Terms survive and remain in effect in accordance with their terms upon termination (whether initiated by KFA or you) of your account.

Additionally, in the event your account has been terminated, any pending orders will be cancelled, and any unfulfilled orders will be refunded to your payment method. However, your payment may be held if there is a pending investigation at the time of your account termination. If the investigation yields that you are entitled to some or all of the funds in the dispute, we will promptly release those funds to you. Termination of the Services does not relieve you of any obligations to pay or debts of any fees or costs accrued in connection with the use of the Services.




7. Disclaimer of Warranties; Limitation of Liability




KFA DOES NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT USE OF THE SERVICES WILL PROVIDE ANY CERTAIN RESULT; THAT THE INFORMATION ON THE SERVICES IS COMPLETE OR ACCURATE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We reserve the right to withdraw or amend the Services in our sole discretion without notice.  We will not be liable to your or to others if for any reason all or part of the Services is unavailable at any time for any period.  This shall not suspend or eliminate your payment obligations to us or provide you with any refund rights for amounts previously paid to us.  We reserve the right to deny access to some or all parts of the Services, to any user or group, including registered users.

The Company disclaims any and all liability for the acts, omissions, and conduct of any third- party users, the Services users, advertisers, and/or sponsors on the Services, in connection with the Services, or otherwise related to your use of the Services. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Services. In no case shall KFA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or misuse of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. KFA’s maximum liability will not exceed the amount you paid KFA under the Terms within the 12 months preceding the event that gave rise to KFA’s liability.




8. No Assignment by You.




You may not assign your rights or obligations under the Terms to any other person or entity without the prior written consent of KFA, whether by operation of law or otherwise, and any attempt to do so shall be void.




9. Indemnification




You shall indemnify, defend and hold harmless KFA and our stockholders, directors, officers, employees, interns, independent contractors, licensors, service providers, subcontractors, suppliers, and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Services or any violation of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.




10. Severability




In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.




11. Governing Law; Jurisdiction.




Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and KFA arising under or related in any way to these Terms, must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of our Services. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND KFA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND KFA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, You and KFA must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms or any additional terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Placerville, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. KFA will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and KFA also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to be governed by Nevada law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles, and that the exclusive jurisdiction and venue in the state courts in the Clark County, Nevada, , or federal court for the District of Nevada. Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.




12. Remedies




You agree that monetary damages may not provide a sufficient remedy to KFA for violations of these Terms. Accordingly, you agree that KFA shall be entitled to an injunction or other equitable relief to prevent such violations, in any action instituted by any court of competent jurisdiction, in addition to any other remedies which may be available to it. The rights and remedies provided by these Terms are cumulative, and the use of any one right or remedy by KFA shall not preclude or constitute a waiver of its right to use any or all other remedies.  Such rights and remedies are given in addition to any other rights and remedies, including damages, KFA may have by law, statute or otherwise.




13. Entire Agreement; Amendment or Waiver.




The Terms and any policies or operating rules posted by us on the site or in respect to the Services constitutes the entire understanding between you and KFA and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Terms. The Terms may only be amended by a document signed by you and KFA. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  No waiver of any breach of the Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.




14. Contact Information




Should you have any questions about the Terms of Service, please contact:

Kush Fine Arts, PO BOX 11077, Lahaina, HI 96761, email: info@kushfineart.com