Web Site Terms of Use

Web Site Terms of Use

This web site (the “Site”) is operated by Kiwi Lane Designs, LLC (referred to herein as “Kiwi Lane Designs”, “we”, “us” and “our”).  Your use of the Site is subject to the following terms and conditions.

1. Consent:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.  You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.  Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Submissions (as defined in Section 9 below) and the possibility of the publicity and promotion from our use or display of your Submissions.

2. Additional Terms:

Note that special terms apply to some services offered on the Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities.  These terms are posted in connection with the applicable service.  Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

3. Modification:

We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions.  You should visit this page from time to time to review the current terms.  We may change the Site or delete Content (as defined in Section 4 below) or features of this Site at any time, in any way, for any or no reason at our discretion.

4. Copyright:

All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws.  The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws.  Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Any unauthorized use of any material contained in this Site is strictly prohibited.

5. Trademarks:

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors.  Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site.  Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

6. Use of Site and Content:

We grant you a limited license to access and make personal use of the Site and the Content, subject to these Terms of Use.   Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.  We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only.  We do not transfer title to the Software to you.  You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

7. Linking:

Links to third party web sites may be provided on this Site.  If so, they are provided solely as a convenience to you.  If you use such links, you will leave this Site.  We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content.  We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them.  If you access any third party web sites linked from this Site, you do so at your own risk.

No hyperlinks to this Site are permitted without our prior written consent.  If you would like to link to this Site from your web site, please submit via email your request to link to this Site to webmaster@kiwilane.com.  Unless you receive our express written consent, your request to link to this Site shall be deemed denied.  Unless otherwise permitted in writing signed by an authorized representative of Kiwi Lane Designs, a web site that links to this Site:

•     Shall not imply, either directly or indirectly, that Kiwi Lane Designs is endorsing its products;

•     Shall not use any of our Trademarks or the Trademarks of our licensors;

•     Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;

•     Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;

•     Shall not present false or misleading information about us or the Kiwi Lane Designs opportunity;

•     Shall not misrepresent any relationship with us;

•     Shall not replicate in any manner any content in the Site; and

•     Shall not create a browser or border environment around Site material.

8. Claim of Copyright Infringement:

We respect the intellectual property rights of others.  If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below.  Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.  To be effective, the notification must be a written communication that includes the following:

•     A physical or electronic 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 physical address, telephone number and email 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 by the law; and

•     A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records.  If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below.  To be effective, the counter-notification must be a written communication that contains the following:

•       Your physical or electronic signature;

•       Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

•       A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

•       Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Kiwi Lane Designs may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

By Mail:

Kiwi Lane Designs, LLC

Attn: Copyright Agent

412 S. King Ave., Suite 101

Middleton, Idaho 83644

By Email:

copyright@kiwilane.com

By Telephone:

(208) 649-4955

9. Submissions:

For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.

We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity.  If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Section 12 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use.  You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.  See Section 12 below.

10. Accounts:

Some services on this Site permit or require you to create an account to participate in or to secure additional benefits.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes.  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.  You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.

We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

11. Public Forums and Communication:

“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum.  We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same.  We have no duty to monitor any Public Forum.

You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk.  We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.

12. Rules of Conduct:

The following Rules of Conduct apply to the Site.  By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:

•       (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

•       is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;

•       infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

•       is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

•       contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or

•       (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

13. Removal of Submissions:

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site.  Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

14. International:

The Site is intended for viewing and use in the United States.  If this Site is viewed internationally, you are responsible for compliance with applicable local laws.  We do not intend to provide our products or services outside the United States.

15. Privacy:

Kiwi Lane Designs respects your privacy and the privacy of other visitors to the Site.  To learn about our privacy practices and policies, please see our Privacy Policy.

16. Children:

Kiwi Lane Designs is committed to the safety of our children.  Persons under the age of 18 may not enroll as Kiwi Lane Designs Instructors or register as customers.  Children under the age of 13 may not purchase products through any of our Websites.  Kiwi Lane Designs does not solicit or knowingly collect personally identifiable information from children under the age of 13.

17. Disclaimer of Warranties:

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).  WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes.  Always seek the advice of your physician with any questions you may have regarding a medical condition.  You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice.  Reliance on any information appearing on the Site is strictly at your own risk.

The Site may contain the opinions and views of other users.  Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.

18. Limitation of Liabilities:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, INSTRUCTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.  MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, INSTRUCTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Governing Law, Jurisdiction and Venue:

This Site is created and controlled by us in the State of STATE.  The laws of the State of STATE govern these Terms of Use, without giving effect to any principles of conflicts of laws.  You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Canyon County, State of Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

20. General Provisions:

We make no representations that the Content on the Site is appropriate or available for use in any particular location.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

21. California Privacy Rights:

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Kiwi Lane Designs has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2015 will receive information about 2014 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at:

Kiwi Lane Designs, LLC

412 S. King Ave., Suite 101

Middleton, Idaho 83644

You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.

Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Kiwi Lane Designs Independent Instructor if you would like to obtain information about any disclosure that he or she has made of your personal information.

22. Contacting us:

You may contact us regarding these Terms of Use or the Site by any of the following methods:

By Mail:

Kiwi Lane Designs, LLC

Attn: Copyright Agent

412 S. King Ave., Suite 101

Middleton, Idaho 83644

By Email:

webmaster@kiwilane.com

By Telephone:

(208) 649-4955

23. Effective Date:

These Terms of Use are effective as of June 1, 2015, and shall remain in effect until modified and/or updated as provided in Section 3 above.

How it works from a referral's point of view.

Savings Program Terms and Conditions

Updated: August 24, 2021

Kiwi Lane (“we”, “Kiwi Lane” or “Company”) offers qualified online customers (Advocates) the opportunity to earn rewards when they refer someone to try Kiwi Lane products and services for the first time through the Kiwi Lane Savings Program (“Program”, “Savings Program”, or “Kiwi Lane Savings Program”). We reserve the right to terminate this Program at any time for any reason.

Advocates are bound by these Terms and Conditions when they opt-in to participate in the Program. By participating in the Program, Advocates agree to use the Program in the manner specified in these Terms and Conditions. If they do not agree to these Terms and Conditions in their entirety they are not authorized to become an Advocate or participate in the Program in any manner. Advocates may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right, at any time, to modify or amend these Terms and Conditions and/or to disqualify any Advocate from participation in the Kiwi Lane Savings Program if he/she does not comply with any of these Terms and Conditions.

Advocate Eligibility

An Advocate is eligible to participate in the Kiwi Lane Savings Program when they meet the following eligibility requirements:

  1. Must be at least 18 years old.
  2. Must be a United States Resident.
  3. Must have a kiwilane.com account, which has placed and completed its first order with a minimum value of $1.00, and which has remained active for a minimum of (30) thirty days after the first order was placed.
  4. Must not be an employee of the Company, or its subsidiaries, including immediate family and household members.
  5. Must not be a Kiwi Lane Creative Partner.

Advocate Opt-in

Eligible Advocates must opt-in to participate in the Kiwi Lane Savings Program by submitting the Savings Program Opt-In Form at www.kiwilane.com/savingsprogram.

Earning Rewards

An Advocate who has opted-in and is fully compliant with these Terms and Conditions will be assigned a new unique referral coupon for each day they share a Savings Program offer or promotion. Because of this, an Advocate may have many unique referral coupons active at any given time.

An Advocate may receive one Referral Reward for every Eligible Referral who completes their first order using that Advocate’s unique referral coupon. Any additional or subsequent purchases made by an Eligible Referral after their first order will not generate a Referral Reward.

Referral Rewards are equal to 20% of the subtotal from each Eligible Referral’s first order. Referral Rewards are paid as Kiwi Lane Product Points and are subject to all Kiwi Lane Product Point rules, restrictions, and exclusions.

Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with Kiwi Lane or participate in the Program using multiple or fake email addresses or identities.

Eligible Referrals

A Savings Program offer or promotion shared by an Advocate can be used only one time, on the first non-zero-dollar order placed by a new, first-time online customer who has not previously used a Savings Program discount or offer, and who meets the following eligibility requirements:

  1. Must be at least 18 years old.
  2. Must be a United States resident.
  3. Must not be an Advocate.
  4. Must not be a Kiwi Lane Creative Partner.
  5. Must be a new kiwilane.com account.
  6. Must be a first-time online customer.
  7. Must not have any other accounts with Kiwi Lane.

The Company may delay a Referral Reward for the purposes of investigation. They may also refuse to pay out any Referral Reward the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, or any of their respective officers, affiliates, directors, employees, representatives and agents. All of the Company’s decisions are final and binding.

Privacy

Advocate Personal Information

(a) be bound by these Terms and Conditions, the decisions of the Company and their designees, and the Privacy Policy of the Company; (b) defend, indemnify, release and hold harmless the Company, and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward).

Referral Email Addresses

When an Advocate enters any email address into the Savings Program Email Referral Form, the Advocate represents that he/she has a personal relationship or their prior consent. Email addresses entered will be anonymized to comply with the GDPR requirement that consent be given before personal data is stored.

Liability

By Participating In The Program, Advocates Agree To

Eligible online customers who opt-in to participate in the Program must necessarily submit personal information about themselves such as name and email address information. Any personal information collected will be processed and used in accordance with Company’s Privacy Policy, which can be found at https://kiwilane.com/legal/privacy-policy. In addition, personal information may be used by Company to contact Advocates with regards to their participation in the Program and to receive communications from Company.

Company Shall Not Be Liable For

(a) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (d) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Referral Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time; (e) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or (f) claims, demands, and damages in disputes among Advocates of the Program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Advocate for failure to supply any Referral Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Disclaimer Of Warranties

Advocates expressly understand and agree that: (a) your use of the program is at your sole risk, the program is provided on an “as is” and “as available” basis and the company expressly disclaims all warranties, conditions and terms (collectively, “promises”) of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) the company makes and gives no warranty that (i) the program will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) The results obtained from the use of the program will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (v) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

Limitation Of Liability And Indemnification

You expressly understand and agree that the company, including any vendors and service providers associated with or assisting in providing the program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company was advised of the possibility of such damages), resulting from: (a) the use or the inability to use the program; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on or through the program; or (e) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, the company’s, including any vendors and service providers, maximum liability arising out of or in connection with the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100. Users should use the Program at their own risk.

Conduct

If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Advocates agree not to use the Program to: (a) violate applicable law (i) infringe the intellectual property rights of the Company, its Service Provider or any third parties, (ii) stalk, harass, or harm another individual, (iii) collect or store personal data about other Advocates, (iv) impersonate any person or otherwise misrepresent Advocate’s identity, (v) interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program, (vi) or disobey any requirements, procedures, policies, or regulations of such networks, (vii) interfere with another Advocate’s use of the Program, (viii) attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program, (ix) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, (x) conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others, (xi) resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

Fraudulent And Suspicious Behavior

The Company may prohibit an Advocate from participating in the Program or receiving Referral Rewards, in their sole discretion, if they determine such Advocate is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Referral Reward. The Company reserves the right to disqualify any Advocate and/or cancel any Referral Reward(s) if they find an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Suggestions and Submissions

The Company appreciates hearing from Advocates and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they: (a) shall own, exclusively, all now known or later discovered rights to the creative ideas; (b) shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and (c) shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Sign-in Credentials

To see the personal Company “Refer-a-Friend” page or account or to use the Program, Advocate will need to sign in with their credentials. Advocates are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Advocates agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Advocates agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

Applicable Law; Arbittration; Class Waiver; and Waiver of Jury Trial

Any and all disputes, claims and causes of action arising out of or related to the Program or any Referral Reward shall be resolved under Idaho law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Canyon County, Idaho.

Participants and the Program Entities agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Canyon County in the state of Idaho. Participants covenant not to sue the Program Entities in any other forum.

Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ use of the Service or this Agreement: · PARTICIPANTS ARE GIVING THEIR RIGHT TO HAVE A TRIAL BY JURY; and · PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

General Terms

These Terms constitute the entire agreement between Advocates and the Company concerning Advocates’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.