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GENERAL POLICY DISCLAIMER

The materials below are provided for informational purposes only and do not constitute advertising, solicitation, or legal advice.

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Please review these materials carefully and edit them as necessary.

The information contained in these materials may or may not reflect the most recent legal developments; accordingly, Shopify does not guarantee that the information is accurate or complete. You should not rely on this information for any purpose without first consulting a lawyer licensed in your state or province.

The use of, access to, or transmission of these materials or any links included in them is not intended to create, and receipt of them does not constitute, an attorney-client relationship between you and Shopify. Shopify disclaims all liability relating to your use or publication of these materials, as well as any action taken or not taken in reliance on them.

OVERVIEW

Welcome to Kinora Baby! The terms “we,” “us,” and “our” refer to Kinora Baby. Kinora Baby operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Kinora Baby is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced in this document (collectively, the “Terms of Service” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have consented to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have the full legal right to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, license, or otherwise permit any other person to use your account.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate descriptions of our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and the settings or configuration of that device.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to the images displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Kinora Baby reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be considered accepted until Kinora Baby confirms its acceptance. We must receive and process your payment before the order is approved. Please review your order carefully before submitting it, as Kinora Baby may be unable to process cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you through the email address, billing address, and/or telephone number provided at the time the order was placed.

Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].

You represent and warrant that the products you purchase are intended for personal or household use and are not intended for commercial resale or export.

SECTION 4 – PRICING AND PAYMENT

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place your order and will be shown in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.

Prices listed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions applicable to the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are legally authorized to use the credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the stated prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance procedures, or events beyond our control. Once we deliver the products to the shipping carrier, title to and risk of loss for the products pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of those elements, are owned by Kinora Baby, our affiliates, or our licensors and are protected by United States and international patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent. Except as expressly stated in this document, nothing in these Terms shall be construed as granting you any license or right under any patent, trademark, copyright, or other intellectual property right of Kinora Baby, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in this document are reserved by Kinora Baby.

The Kinora Baby name, logo, product and service names, designs, and slogans are trademarks of Kinora Baby or its affiliates or licensors. You may not use those marks without the prior written permission of Kinora Baby. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the intellectual property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not control, monitor, or have any input into those tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement by us. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of those tools is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms imposed by the relevant third-party tool providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Any such new features will also be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials and links to websites provided or operated by third parties, including third-party embedded functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so entirely at your own risk.

We are not responsible for any loss or damage arising from your access to third-party websites or from your purchase or use of any products, services, resources, or content on those websites. Please carefully review the third party’s policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately reflects the relationship between Shopify and your store and should not be removed or edited.]

Kinora Baby is powered by Shopify, which enables us to provide the Services to you. However, any purchase you make through our Store is a transaction directly with Kinora Baby. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Kinora Baby, including any loss, damage, or injury arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your transactions and purchases with Kinora Baby.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information about your access to and use of the Services for the purpose of providing and improving the Services for you. Information you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than the country in which you reside in order to provide services to you. Please review our Privacy Policy at [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, upgrade, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights in and to all Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or harmful activity; (b) violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance; (c) infringe or violate our intellectual property rights or the intellectual property rights of any third party; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) transmit false or misleading information; (f) submit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation; (h) impersonate or attempt to impersonate another person or entity; or (i) engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the Services, or that, in our judgment, may harm Kinora Baby, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, or otherwise exploit the Services; (e) use any robot, spider, data-gathering or extraction tool, automated device or process, AI tool, including agentic AI, or any manual or automated method to access the Services; or (f) interfere with, bypass, or circumvent any security or authorization measure, robot exclusion header, or other measure we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (the “Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services. An “Agent” means any software or service that performs automated or semi-automated actions on behalf of, or at the direction of, any person or entity and that may operate on that person’s behalf or through that person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, the Agent identifies itself and strictly complies with the requirements set forth in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have instructed that Agent to stop accessing, using, or interacting with any of the Services.

14.3 We may impose limitations, including technical measures, on how and to what extent an Agent may access, use, or interact with the Services.

14.4 An Agent must: (i) identify every HTTP/HTTPS request as originating from an Agent and disclose the Agent’s name by including the following string in the user-agent field: “Agent/[agent name]”; (ii) not conceal or misrepresent any access, use, or interaction performed by the Agent, including by: (a) simulating human behavior or interaction patterns; or (b) completing or bypassing CAPTCHA or other measures designed to distinguish humans from computers; (iii) respond truthfully to any question or verification request intended to determine whether an interaction is being performed by a human or a computer; and (iv) not circumvent or evade any measure designed to block, limit, regulate, or control an Agent’s access to, use of, or interaction with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We accept no responsibility arising from reliance on these materials by you, any other visitor to the Services, or anyone who may be informed of their contents.

UNLESS OTHERWISE EXPRESSLY STATED BY KINORA BABY, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINORA LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kinora Baby, Shopify, and our and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, asserted by any third party arising out of: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any delay in providing notice will not relieve you of your obligations unless you are materially prejudiced by the delay. We may control the defense and settlement of the claim at your expense, including the selection of counsel, but we will not settle any claim that imposes a non-monetary obligation on you without your consent, which may not be unreasonably withheld. You must cooperate in the defense of any claim, including by providing relevant documents.

SECTION 19 - SEVERABILITY

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

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including, without limitation, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, delegate, or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void. We may freely assign, transfer, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services to you shall be governed by and construed in accordance with the federal laws and the laws of the state or territory in which Kinora Baby maintains its principal place of business. You and Kinora Baby consent to the personal jurisdiction and venue of the courts located in that jurisdiction.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at: me.kinorabay@gmail.com.

Our contact information is provided below:

Kinora LLC

me.kinorabay@gmail.com

1001 S. Main St., Ste 600

Kalispell, MT 59901

United States

Tax ID / EIN: ____________________