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January 1, 2024
These terms and conditions are applicable to the website situated at www.kabbiesbelt.com as well as any additional websites, mobile websites, social media platforms, services, tools, and applications that allow customers to purchase Kabbiesbelt/Kabbies products.

Because the information below impacts your legal rights, please read it carefully. These terms and conditions contain an agreement to arbitrate, which mandates the use of individual arbitration proceedings rather than jury trials, other judicial proceedings, or any sort of class actions to resolve disputes.

You accept these terms and conditions by accessing or otherwise using this website. You declare that you are the legal age of majority in your own country by accessing this website. If you are under 18, you may only access this site with your parent or legal guardian’s approval and under their supervision. If you are the minor’s parent or legal guardian and you agree to the terms of this agreement, you are entirely responsible for the minor’s use of this site, including all costs and liabilities that may result from that usage. At any moment, you must stop using this website if you do not agree to all of the terms and conditions.

I am aware that by entering my email address, I am choosing to join the Kabbiesbelt customer-only buyers club, where I will receive special offers via email. When you purchase a product from Kabbiesbelt, you agree that Kabbies Belt may contact you with special offers via email or other channels.

Healthcare information
I am aware that no Kabbies item, including the Kabbiesbelt, should be used for diagnosing, treating, curing, or preventing any disease. I am aware that the information on this website or in emails is primarily meant for informational reasons and should not be used in place of consulting a doctor or getting medical help from a professional. I am aware that if I have any current medical condition(s) before using this information/Kabbiesbelt, I must consult a doctor. I am conscious that none of the products I purchase from Kabbies or Kabbiesbelt are intended to be used in the treatment of any condition.

Availability, errors, and limitations on quantities.

An order’s receipt by Kabbiesbelt is an acknowledgement of your desire to place an order; it does not imply that your order has been shipped, accepted, or that the price or availability of a particular item has been verified. Kabbiesbelt strives to appropriately represent and present its goods and services on the website. Despite our best efforts, a few items on the site might be mispriced, improperly represented, or unavailable, and we might have delays in updating the content of the site and our advertising on other websites. The accuracy or completeness of any information, including prices, product photos, specs, availability, and services, cannot be guaranteed and is not guaranteed by us. Kabbiesbelt has the right to modify or change information as well as orders of a single item or big orders of numerous individual goods do not qualify for further discounts from Kabbiesbelt. Additionally, we have the right to impose quantity restrictions on orders made using the same credit card, the same billing address, or the same account. If such restrictions are imposed, we will let you know. Kabbiesbelt has the right to forbid resellers from buying any products.

Purchaser reviews and submissions
Kabbiesbelt welcomes your testimonials, remarks, and other communications, as well as any photos, videos, or other content that you upload to the website or publish through any social media and permit kabbiesbelt to use, including your name, social media handle, accompanying text, and any images from your social media accounts (such as TwitterTM and FacebookTM) (collectively, “user content”). so long as the user material that you provide abides by these terms & conditions. You acknowledge and agree that any user content you submit will comply with the following requirements: be truthful; not infringe upon or otherwise facilitate the infringement of any rights of a third party, including those to intellectual property, privacy, and publicity; not inflict harm on another person or entity; and not contain or provide links to any material that is unlawful, offensive, or threatening. chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. you are solely responsible for the user content you submit, and my pillow assumes no liability for any user content submitted by you. you acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor user content; (ii) alter, remove, or refuse to post or allow to be posted any user content; and/or (iii) disclose any user content, and the circumstances surrounding its transmission, to any third party. for any user content you submit, you grant to kabbiesbelt a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such user content and to incorporate the user content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. for this reason, do not send us any user content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork. in addition, you grant to kabbiesbelt the right to include the name provided along with the user content submitted by you; provided, however, kabbiesbelt shall have no obligation to include such name with such user content. we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any user content you submit. you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

Disclaimers of warranties
Kabbiesbelt cannot and does not guarantee that the website or its server will operate without interruption, without error, without being subject to unauthorized access (including denial of service attacks), or that it will otherwise satisfy your needs.

The site is provided “as is” and “as available” by kabbiesbelt, without any representations or warranties of any kind. The site also includes all information, content, materials, products, services, and user content included on or otherwise made available to you through the site. Kabbiesbelt offers no guarantees or assurances of any kind, either express or implied, as to the website’s functionality, the truth or completeness of its contents, or the integrity of emails received from my account. virus or other potentially dangerous elements. You explicitly acknowledge that the site is used at your own risk. Kabbiesbelt disclaims all express and implied representations and warranties, including, without limitation, warranties of title, merchantability, and suitability for a particular purpose or use, with regard to the site and its materials to the fullest extent permissible by law.Limited representations and/or guarantees on some products may be provided separately. These product warranties are exempt from the terms of this disclaimer.

The website is managed and controlled by Kabbiesbelt from the state of Connecticut in the United States, and it is not intended to subject Kabbiesbelt to the legal or regulatory authority of any other state, nation, or territory. My Pillow makes no claims or warranties regarding the suitability or accessibility of the website or any component thereof for use outside of the United States. You choose to access the site at your own risk and initiative, and you are in charge of adhering to all applicable local laws, rules, and regulations.

Limitation of liability
Kabbiesbelt, its employees, directors, officers, or agents are not responsible under any circumstances for any direct or indirect losses or damages resulting from or connected with (a) the website and/or (b) any products offered or bought through the website, or their suitability or usage. This is an extensive exclusion of liability that applies to all losses and damages of any kind (whether general, particular, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract or tort, even if my pillow has been informed of or ought to have known of the possibility of such damages. if you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. you acknowledge, by your use of the site, that your use of the site is at your sole risk. applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.

You and kabbiesbelt agree that in the event of any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the site, the purchase of products from kabbiesbelt, or the breach, enforcement, interpretation, or validity of these terms & conditions (“claim”), such claim will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these terms & conditions. arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. arbitration is subject to very limited review by courts, but arbitrators can award the same damages and relief that a court can award. notwithstanding the foregoing: (i) in lieu of arbitration,you can bring an individual claim in small claims court in the state of Connecticut, United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (ii) you agree that you or my pillow may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If you intend to assert a claim you must first send written notice (“notice”), by first class or certified mail, to kabbiesbelt, attention legal department, silver lane, east Hartford, mn 55318. if kabbiesbelt intends to assert a claim, kabbiesbelt will send notice to the current billing address on your account. the notice must describe the nature and basis of the claim and the specific relief sought. if the parties cannot reach an agreement within thirty (30) days from the receipt of the notice, either party may initiate arbitration proceedings. a form to initiate arbitration proceedings is available on the american arbitration association (aaa) site at www.adr.org. in addition to filing this form with the aaa, the party initiating the arbitration must mail a copy of the completed form to the opposing party. you may send such copy to kabbiesbelt, attention legal department, and kabbiesbelt will send such copy to the current billing address on your account.

The arbitration will be conducted under the then current rules of the aaa and conducted in english. the aaa rules are available online at www.adr.org or by calling the aaa at 1-800-778-7879. if your claim is for $10,000 (us dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, or as otherwise mutually agreed to by the parties. if your claim exceeds $10,000 (us dollars), the location of the arbitration shall be connecticut.
For claims of $25,000 (us dollars) or less, kabbiesbelt will pay all filing, administration, and arbitrator fees (collectively, “filing fees”) unless the arbitrator determines that your claim is frivolous. in the event that an arbitrator determines that your claim is frivolous, you must reimburse kabbiesbelt for all fees associated with the arbitration paid by kabbiesbelt on your behalf that you would have otherwise been obligated to pay in accordance with the rules of the aaa. for claims over $25,000 (us dollars), you will be responsible for the filing fees.

You agree that all matters relating to your access to or use of the site and all matters arising out of or related to the purchase of products from my pillow and/or these terms & conditions, including all disputes, will be governed by the laws of the federal arbitration act (faa), the applicable laws of the united states of America, and the laws of the state of Connecticut, without regard to Connecticut choice of law principles. unless you and my pillow agree otherwise, in the event that it is determined or these terms & conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the united states of America) shall be resolved in the united states district court for the district of Connecticut, and you submit to the personal jurisdiction of that court. if subject matter jurisdiction (including diversity jurisdiction) does not exist in the united states district court for the district of Connecticut for any such claim, then the exclusive forum and venue for any such action shall be the courts of the state of Connecticut located in Hartford county, and you submit to the personal jurisdiction of that court. you and my pillow both waive your right to a jury trial, unless such waiver is unenforceable.

The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. you agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site, the purchase of products from my pillow and/or these terms & conditions will be resolved individually in the forum designated in this disputes section, without resort to any form of class action; and, (2) except for new jersey residents and where otherwise prohibited by law, any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

As a condition of the use of the site, you agree to defend, indemnify, and hold harmless kabbiesbelt and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “claim”) arising out of or otherwise relating to claims alleging facts that if true would constitute a breach by you of these terms & conditions, or any user content submitted by you.

These terms & conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and kabbiesbelt with respect to the site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the site. no provision of these terms & conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. no failure to exercise, partial exercise of, or delay in exercising any right or remedy under these terms & conditions shall operate as a waiver or estoppel of any right, remedy, or condition. if any provision of these terms & conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. we will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contacting customer service
If you have any questions regarding refunds, billing, or future orders, please contact our customer service department. please be advised that all calls to or from our customer service or sales departments are recorded for quality and training purposes, and by calling or accepting a call from us you consent to such recording.

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