Terms of Service

Terms of Use
Welcome to the Ogie Kanogie website. These Terms of Use and the Privacy Policy,
which is incorporated herein, (the "Agreement") explain the terms and conditions
governing your use of our website (the "Site"). By utilizing our website, you are
deemed to have read and agreed to these Terms of Use and the Privacy Policy. If
you do not wish to be bound by these terms and conditions, you may not use the
Site. Ogie Kanogie may in its sole discretion and at any time terminate or suspend
your use of or access to the Site. You are not authorized to use this Site in any
jurisdiction where the terms of this Agreement are not enforceable. Ogie Kanogie
reserves the right to modify this Agreement at any time and that when posted to
this Site the revised terms of use will be in effect and apply to all subsequent
activities. You agree to review the Agreement periodically to be aware of such
changes and your continued access or use of the Site after any changes are posted
will be considered acceptance of those changes.
Use of the Site
By using and purchasing products from the Site, you assert that you have the legal
ability to enter into this Agreement, and any resulting contracts for purchase. You
also agree that you will pay for all products ordered, as denoted elsewhere within
this Site. By accessing or using this Site, you certify that you are over 18 years of
age.
You may use the Site for obtaining information regarding your account and make
payments. The Site includes information, software, text, photographs, graphics, links
and other material that are protected by copyright, trademark or other proprietary
rights of Ogie Kanogie, or third parties. Ogie Kanogie grants you a limited
nonexclusive license to use the information on the Site for your internal use. You
may download your account information of other information on the Site to a
computer or print a hard copy for personal reference. Otherwise, you may not copy,
store in electronic form, modify, print, transmit, transfer or sell, create derivative
works from, distribute, perform, display, frame in another web page, reproduce or in
any way exploit the Site or any of the information contained on the Site, in whole or
in part, without obtaining permission of the copyright owner, except as expressly
permitted in this Agreement or permitted under copyright law. You acknowledge that
products or services offered on this Site are owned by Ogie Kanogie or third parties
and may also be protected by copyright, trademark or other similar operations of
law.
Your Account
You hereby acknowledge that you are entering this Site for the intent of possibly
purchasing products offered herein and agree to pay for all products ordered through
this Site by you. To conduct certain transactions on the Site, you must have an
account with Ogie Kanogie. You agree to be truthful in any and all information that
you disclose on this Site. You also assure Ogie Kanogie that any method of payment
offered for goods or services is not fraudulent or illegal. Some products available for
purchase on the Site may not be lawfully shipped to or possessed in some
jurisdictions. You are responsible for compliance with all international, federal, state
and local laws, regulations and ordnances. You agree to indemnify and hole harmless
Ogie Kanogie for any failure by you to comply with any such laws, regulations or
ordnances. You agree that you will not, directly or indirectly, use the Site, the Site
materials, products or services to violate any applicable laws.
You agree not to disclose your password, if one is issued by Ogie Kanogie, or any
other confidential data to others and understand and agree that if a third party
utilizes such information to access this Site, you will be fully liable for such use as a
result of the disclosure of information. You should promptly notify Ogie Kanogie of
any unauthorized use of your registration information or other breach of security.
Products
If no price is listed or posted for a product on this Site, the product is to be
considered unavailable for purchase and is not for sale. If a price is listed incorrectly,
we have the right to refuse or cancel any orders placed at the incorrect price. We
may also limit the number of products that can be purchased. Ogie Kanogie reserves
the right to alter product offerings or prices at any time and may change, suspend
or discontinue all or any aspect of the Site, including the availability of any feature,
database, information or content without prior notice or liability, as Ogie Kanogie
deems appropriate.
You understand and agree that this Site is intended for use via Internet access and
that Ogie Kanogie is not liable in the event this mode of communication fails or does
not perform as intended. For example, Ogie Kanogie is not liable for any failure to
provide the products ordered by you or any resulting damages if an order is not
received by Ogie Kanogie or if the Site is not available or not functioning properly. In
connection with using the Site, you may provide or receive information by email.
Although email is generally reliable, email can be transmitted improperly or wrongfully
intercepted. Ogie Kanogie does not warrant or guarantee that the transmission of
email messages will be uninterrupted or transmitted without error.

Title to products purchase through this Site is retained by us until the product is
paid for by the purchaser at which time the title will pass to the purchaser.

Return and Refund Policy

Ogie Kanogie will accept the return of any product for any reason within 14 days of
purchase for a refund, exchange or credit except for products designated as on sale
or products which are custom-made. Ogie Kanogie will accept the return of unused
product within 30 days of purchase for exchange or credit only. All returned
products must be unused, unworn and in its original packaging and must have been
purchased directly from Ogie Kanogie and not from any secondary seller.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE
NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE,
AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH
SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE
THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND
WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
SPECIFICALLY, OGIE KANOGIE AND ITS AFFILIATES, AGENTS AND LICENSORS
CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS,
NONINFRINGEMENT, MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE
THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. OGIE KANOGIE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE
THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
EXCEPT FOR REFUND OF THE PRICE OF THE PRODUCTS ORDERED BY YOU IN A BONA
FIDE SALE,.UNDER NO CIRCUMSTANCES SHALL OGIE KANOGIE OR ITS AFFILIATES,
AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES
(WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHERWISE, OR WHETHER RESULTING FROM PRODUCT LIABILITY, TORT, CONTRACT
OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES
AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1)
THE USE OR INABILITY TO USE THIS SITE OR ITS CONTENT; (2) ANY PRODUCTS
OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR
THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR
INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING
DEVICE, EVEN IF OGIE KANOGIE IS ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OGIE
KANOGIE, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Jurisdiction
You agree that any and all disputes, including litigation, may only be raised in the
State of Arizona, County of Maricopa; and that such disputes shall be resolved
based on the relevant law in this jurisdiction. You consent to jurisdiction of the
federal and state courts in Arizona for such purposes. If any inconsistency exists
between the terms of this Agreement and any additional terms and conditions
posted on the Site, such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional terms and conditions shall
control. The provisions of this Agreement will be deemed severable and the invalidity
or unenforceability of any provision will not affect the validity or enforceability of the
other provision hereof. Any provision determined to be invalid or unenforceable will
be modified, to the extent possible, to be valid and enforceable so as to retain the
intent of the parties.
Privacy Policy
Your privacy concerns are important to us. This Policy is designed to provide you
with the information you need to control your personal information. This Privacy
Policy is referenced in and part of the Terms of Use of the Site.
1. When you browse the Site, you do so anonymously. Personally identifiable
information associated with you, including your e-mail address, is not collected
unless you purchase a product from the Site or provide that information voluntarily
for purposes such as correspondence, site registration, registering for a new product
or participating in a forum or an online survey.
2. We require that you provide certain information in connection with the purchase
of a product including your contact information (e.g., your e-mail address, mailing
address and/or telephone number) and necessary financial information (i.e. your
credit card number). Contact information is used to process a sale. We use third
parties to accept and process credit card payments for purchases of products on
our Site. Credit card numbers are only used for processing payment.
2. We may collect non-personal information regarding access by users and activities
on the Site which may include but not be limited to: the number of submissions;
which pages are viewed; the number of visits; and time spent on the Site. The
information we collect is used to ensure quality customer service, to improve the
content of the Site and for other internal business purposes. The Site does use
cookies. "Cookies" are small pieces of information that are stored by your browser on
your computer's hard drive so we can recognize you when you return. They do not
contain personal or financial information and they are not permanently stored for
future use.
3. If you visit a website that is linked to the Site, you should consult that website's
privacy policy before providing personal information. We are not responsible for the
security procedures or data collection policy for any linked website. Accessing a
linked site is at your own risk.
4. Our policy is that the Site may be used only by individuals over the age of 18. We
assume products purchased through credit card means are purchased by adults or
minors supervised by a parent or guardian. We do not knowingly collect any
information from children. However, if a parent learns that a child has submitted
personal information to the Site, the parent should contact us and that information
will be deleted.
7. While we have security measures in place to prevent unauthorized persons from
accessing our files or tampering with the Site, we cannot guarantee that these
efforts will always be successful or that your information will not be lost, misused or
altered. We are not responsible for any breach of security or any action by a third
party that receives the information. You are prohibited from violating or attempting
to violate security for or otherwise interfering with the operation of the Site.
8. We may access or disclose information about you, your account and/or the
content of your communications, in order to: (1) comply with the law or legal
process served on us; (2) enforce and investigate potential violations of this
contract; including use of this service to participate in, or facilitate, activities that
violate the law; or (3) protect our rights, property, our employees, our customers or
the public. You consent to the access and disclosures outlined in this section.
Effective July 15, 2008