Terms of Service
TERMS OF SERVICE
Effective Date: March 9, 2026
Last Updated: March 9, 2026
This website is operated by California Clock, LLC (“California Clock,” “we,” “us,” or “our”), the owner of the registered Kit-Cat Klock® trademarks and operator of the Kit-Cat Klock website. Throughout the site, the terms “we,” “us,” and “our” refer to California Clock, LLC. California Clock, LLC offers this website, including all information, tools, products, services, and features available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, using any part of the site, communicating with us through the site, or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, vendors, content contributors, and or submitters of information.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products and services to you.
SECTION 1. ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws, consumer protection laws, privacy laws, export laws, and applicable regulations governing online conduct.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and may also result in cancellation of orders, refusal of future transactions, account restrictions, and any other remedy available at law or in equity.
SECTION 2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, to the fullest extent permitted by law.
You understand that your content, excluding payment card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks by the applicable payment processor or service provider.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any use of the Service, or any access to the Service or contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our applicable policies.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor, phone, tablet, or other display will accurately display any color, finish, or detail.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, pricing, packaging, product appearance, and product specifications are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6. BILLING, ACCOUNT INFORMATION, AND ORDER ACCEPTANCE
We reserve the right to refuse, limit, cancel or modify any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, the same billing and or shipping address, or orders that appear to be placed by dealers, resellers, exporters, bots, or other unauthorized purchasers. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, phone number and or mailing address provided at the time the order was made.
You agree to provide current, complete and accurate purchase, billing, shipping and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, phone number, mailing address, and payment card information, so that we can complete your transactions and contact you as needed.
You represent and warrant that you are authorized to use the payment method submitted with your order and that all payment information you provide is true, correct and complete.
Improper chargebacks, false non-delivery claims, fraudulent payment disputes, and similar conduct may result in cancellation of orders, refusal of future service, collection activity, and any other remedies available to us.
For more detail, please review our applicable return, refund, shipping, warranty and other store policies.
SECTION 7. OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider or providers.
We may also, in the future, offer new services and or features through the website, including the release of new tools and resources. Such new features and or services shall also be subject to these Terms of Service.
SECTION 7A. THIRD PARTY SERVICE PROVIDERS AND BENEFICIARIES
To the fullest extent permitted by law, the protections contained in these Terms of Service, including but not limited to the provisions regarding disclaimers, limitations of liability, releases, indemnification, dispute resolution, arbitration, class action waivers, jury trial waivers, and venue provisions, shall extend to and expressly benefit California Clock, LLC and also its current and future platform providers, ecommerce providers, hosting providers, payment processors, payment gateways, fraud detection providers, analytics providers, marketing providers, advertising platforms, social media platforms, shipping carriers, logistics providers, customer service providers, contractors, licensors, affiliates, subsidiaries, partners, and service providers.
Without limitation, the foregoing protections are intended to apply to providers including but not limited to Shopify Inc., payment processors, payment gateways, hosting providers, analytics providers, advertising platforms, fraud detection vendors, and shipping carriers used in connection with the operation of the site and the fulfillment of orders.
Each such party shall be considered an express third party beneficiary of the applicable provisions of these Terms of Service and shall be entitled to enforce those provisions to the same extent as California Clock, LLC.
SECTION 8. THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, legality, policies or practices of any third party materials or websites, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, services or content of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, websites or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction or activity. Complaints, claims, concerns or questions regarding third party products, services or websites should be directed to the third party.
SECTION 9. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, product concepts, reviews, comments, photographs, videos, testimonials, contest entries or other materials, whether online, by email, by mail or otherwise, collectively “comments,” you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, display, reproduce, modify and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, fraudulent, misleading, infringing, harassing, invasive of privacy, otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, confidentiality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus, malware or other harmful code that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10. PERSONAL INFORMATION, PRIVACY, COOKIES, AND TRACKING TECHNOLOGIES
Your submission of personal information through the store is governed by our Privacy Policy, our Data Sharing Opt-Out page, and any related privacy notices we may post from time to time. Those policies and notices are incorporated into these Terms of Service by reference.
By using this site, you acknowledge and agree that we, Shopify, and our service providers and third party partners may use cookies, pixels, tags, scripts, local storage, log files, analytics tools, attribution tools, advertising technologies, fraud prevention technologies, performance and diagnostic tools, session and interaction measurement tools, browser and device signals, and similar technologies in connection with the operation of the site and our business. These technologies may be used for purposes that include site functionality, order processing, payment processing, security, fraud detection, analytics, advertising, attribution, personalization, customer service, performance measurement, and improvement of our products and services.
You further acknowledge and agree that information relating to your use of the site, your device, browser, transactions, pages viewed, referring pages, approximate location, links clicked, and interactions with the site may be collected, disclosed to, received by, transmitted to, or processed through third party platforms and service providers used in connection with the operation of the site and our business, including ecommerce platform providers, payment processors, hosting providers, analytics providers, advertising and social media partners, customer service providers, shipping and fulfillment partners, and fraud prevention vendors.
Any privacy choice, browser signal, cookie setting, or opt-out mechanism we may provide or honor may affect certain uses of your information, but it may not disable all cookies, all analytics, all service provider processing, all data collection necessary for order processing or security, or all technologies necessary for site functionality. Certain privacy preferences may be browser specific, device specific, cookie specific, or account specific and may be affected by deletion of cookies, browser settings, or use of a different device or browser.
To the fullest extent permitted by law, you acknowledge that the foregoing disclosures are intended to describe the ordinary operation of the site and associated business tools and that your use of the site constitutes your agreement to such disclosed practices.
In addition to the foregoing, the site and associated services may utilize a variety of technologies common to ecommerce platforms and internet services, including but not limited to application programming interfaces, embedded scripts, content delivery networks, advertising identifiers, device fingerprinting technologies, diagnostic tools, performance monitoring systems, error logging systems, A/B testing tools, customer experience measurement tools, and other technical systems used to maintain, operate, secure, and improve the site and related business services. These technologies may involve communications between your device, our servers, Shopify infrastructure, payment processors, analytics platforms, advertising platforms, security monitoring systems, fraud detection vendors, and other service providers involved in the operation of the site.
You acknowledge that internet communications and ecommerce platforms necessarily involve the exchange of signals, communications, requests, and technical information between multiple systems and service providers. To the fullest extent permitted by law, you agree that the operation of such technologies and communications as disclosed in these Terms of Service and related policies constitutes a normal and expected function of the site and your use of the site constitutes consent to such disclosed practices. By accessing or using the Site, you acknowledge and consent to the recording, monitoring, and analysis of interactions with the Site through cookies, pixels, analytics systems, session replay tools, and similar technologies as described in the Privacy Policy.
SECTION 11. ACCESSIBILITY
We strive to make our website and online services reasonably accessible to users with disabilities and to improve accessibility over time. Accessibility is an ongoing effort, and some content, features, or functionality may not at all times operate in the same manner for all users, devices, browsers, or assistive technologies, particularly where third party applications, content, or platforms are involved.
If you experience difficulty accessing any content, feature, or functionality on this site, please contact us at support@kit-cat.com or (866) 982-4177 and we will make reasonable efforts to provide assistance or an alternative method of access where appropriate.
Nothing in this section shall be construed as an admission of liability, a waiver of any defense, or a representation that the site satisfies any particular legal or technical standard in every respect.
SECTION 12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others except as permitted by law, to spam, phish, pharm, pretext, spider, crawl, scrape, or use bots or automation without our written consent, to interfere with or circumvent the security features of the Service or any related website, or to use the site in any way that could impair, disable, overburden or damage the Service or interfere with another party’s use of the Service.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14. INTELLECTUAL PROPERTY
All content included on this site, including without limitation text, graphics, logos, icons, images, product photographs, videos, audio clips, software, compilations, page layouts, product names, trademarks, service marks, trade dress, and other materials, is the property of California Clock, LLC or its licensors and is protected by United States and international intellectual property laws.
No right, title or interest in or to the site, the Service, or any content is transferred to you, and all rights not expressly granted are reserved by California Clock, LLC. You may not use, reproduce, distribute, publish, display, perform, modify, create derivative works from, reverse engineer, decompile, scrape, frame, or exploit any portion of the site or its content except as expressly permitted by us in writing.
SECTION 15. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
To the fullest extent permitted by applicable law, the Service, the site, all products, all content, all communications, and all materials made available through the site are provided on an “as is,” “as available,” and “with all faults” basis, without warranties, conditions, or representations of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, accuracy, quiet enjoyment, availability, system integration, security, and freedom from viruses or other harmful components.
No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms of Service.
Because some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you to the extent prohibited by law.
SECTION 16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no case shall California Clock, LLC, Kit-Cat Klock, our members, managers, officers, directors, employees, agents, affiliates, licensors, suppliers, contractors, service providers, platform providers, vendors, successors, assigns, or representatives be liable for any injury, loss, claim, demand, damages, liabilities, costs, expenses, or any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, lost data, loss of goodwill, loss of business opportunity, replacement costs, interruption of business, shipping delays, customs delays, failed deliveries, website downtime, site errors, security incidents, or similar damages, whether based in contract, tort, strict liability, statute, or otherwise, arising from your use of any part of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, any interruption in the Service, any delay or failure in performance, any unauthorized access to or use of data, any third party products or services, any linked websites, any optional tools, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Without limiting the foregoing, and to the fullest extent permitted by law, California Clock, LLC and the other parties identified above shall not be liable for any claim or theory arising out of or relating to cookies, pixels, tags, analytics, session measurement, advertising technologies, data sharing, third party integrations, or similar site technologies disclosed in these Terms, the Privacy Policy, or related notices, including any claim characterizing such disclosed technologies or practices as interception, wiretapping, eavesdropping, recording, disclosure, data sale, data sharing, or similar conduct, except to the extent such limitation is prohibited by applicable law.
To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the site, the Service, any product, or these Terms of Service shall not exceed the greater of one hundred United States dollars ($100) or the amount actually paid by you to us for the product or service giving rise to the claim during the twelve month period preceding the event giving rise to the claim.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by law.
To the fullest extent permitted by law, you hereby release and forever discharge California Clock, LLC and its members, managers, officers, directors, employees, agents, licensors, contractors, service providers, platform providers, vendors, partners, affiliates, successors, and assigns from any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses of any kind arising out of or relating to disputes between you and any third party relating to the site, the Service, any products, any communications, any shipping or delivery services, any payment processing services, any advertising platforms, or any third party integrations used in connection with the site.
If you are a resident of California, you expressly waive California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.”
SECTION 17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless California Clock, LLC, Kit-Cat Klock, and our parent, subsidiaries, affiliates, partners, members, managers, officers, directors, employees, agents, licensors, contractors, service providers, subcontractors, suppliers, interns, successors, assigns, and representatives from and against any claim, demand, action, proceeding, liability, damage, loss, judgment, settlement, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third party, your misuse of the site or the Service, your submissions or content, your fraud or payment dispute abuse, or your negligent or wrongful conduct.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim.
SECTION 18. TIME LIMIT TO BRING CLAIMS
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the site, the Service, any product, any communication with us, or these Terms of Service must be commenced within one year after the claim or cause of action arose, or such claim or cause of action shall be permanently barred.
This provision shall apply to the fullest extent permitted by law and shall not apply where prohibited by law.
SECTION 19. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or any court proceeding, you agree to first provide us with a written notice of dispute describing in reasonable detail the nature of the dispute, the factual basis of the claim, the relief sought, and the name, mailing address, email address, and phone number of the person asserting the claim.
Any notice of dispute to us must be sent to:
California Clock, LLC
Attn: Legal Notice
PO Box 1166
Worthington, OH 43085
legal@kit-cat.com
The parties agree to use good faith efforts to resolve any dispute informally for a period of sixty (60) days after receipt of a complete notice of dispute before commencing arbitration or litigation, unless immediate injunctive relief is reasonably necessary to protect intellectual property rights, confidential information, site security, or to prevent fraud or abuse. Any applicable limitations period shall be tolled during this sixty day period.
SECTION 20. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND CALIFORNIA CLOCK, LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICE, ANY PRODUCT, ANY ORDER, ANY PAYMENT, ANY COMMUNICATION, ANY ADVERTISEMENT, ANY PRIVACY OR DATA PRACTICE, ANY ACCESSIBILITY CLAIM, THESE TERMS OF SERVICE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, APPLICABILITY, VALIDITY, OR FORMATION OF THESE TERMS OF SERVICE, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT THAT EITHER PARTY MAY ASSERT AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES AND REMAINS AN INDIVIDUAL CLAIM.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect, except as modified by these Terms of Service. If AAA determines that the Consumer Arbitration Rules do not apply, the arbitration shall instead proceed under the applicable AAA Commercial Arbitration Rules, except as modified by these Terms of Service. If AAA is unavailable or unwilling to administer the matter, the parties shall confer in good faith regarding a substitute administrator, and if no agreement is reached, a court of competent jurisdiction may appoint a substitute arbitration administrator.
The legal seat and place of arbitration shall be Clark County, Nevada, unless applicable law requires otherwise. The arbitration may be conducted by written submissions, remotely, by telephone, by videoconference, or by an in person hearing, as determined by the arbitrator and the applicable rules.
To the fullest extent permitted by law, the arbitrator, and not any court or government agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, unconscionability, formation, or scope of this arbitration provision, including any contention that all or any part of this provision is void or voidable, except to the extent a court must determine such issues under applicable law.
The arbitrator may award only such relief as is necessary to resolve the individual claim of the party seeking relief and only on an individual basis. The arbitrator shall have no authority to award relief on behalf of or against any person who is not a party to the arbitration.
Nothing in this section shall prevent either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction as necessary to protect intellectual property, confidential information, site security, or to prevent fraud, abuse, unauthorized access, or irreparable harm pending completion of arbitration.
Payment of arbitration filing fees, administrative fees, and arbitrator compensation shall be governed by the applicable AAA rules and applicable law, except as otherwise provided in these Terms of Service. Each party shall bear its own attorneys’ fees and costs unless a statute, these Terms of Service, or the arbitrator provides otherwise. To the fullest extent permitted by law, if any claim or demand is determined by the arbitrator or a court to be frivolous, harassing, abusive, brought in bad faith, or asserted in violation of these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
SECTION 21. CLASS ACTION WAIVER; MASS ARBITRATION WAIVER; JURY TRIAL WAIVER
To the fullest extent permitted by law, you and California Clock, LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any class, collective, consolidated, coordinated, mass, representative, or similar proceeding, whether in arbitration or in court.
The arbitrator shall have no authority to hear, preside over, or resolve any class, collective, coordinated, representative, or mass claim or to consolidate the claims of multiple persons into a single proceeding, except to the extent such restriction is prohibited by law and cannot be enforced.
If twenty five (25) or more similar claims are asserted against California Clock, LLC by the same counsel, coordinated counsel, or related counsel, or are otherwise coordinated and involve common issues of law or fact, then, to the fullest extent permitted by law, those claims shall be administered in sequential batches of no more than twenty five (25) claimants at a time. No subsequent batch shall proceed until the prior batch has been concluded, settled, or otherwise resolved, except as necessary for settlement discussions, mediation, or administrative processing. Any applicable statute of limitations shall be tolled for claims subject to this provision from the time a compliant notice of dispute is received until the claimant’s batch is authorized to proceed.
If the batching procedures described above are determined by a court or arbitrator to be unenforceable or invalid as applied to any coordinated set of claims, then such coordinated claims shall proceed exclusively in the state courts located in Clark County, Nevada or the United States District Court for the District of Nevada, Las Vegas Division, and the parties consent to the personal jurisdiction and exclusive venue of those courts to the fullest extent permitted by law.
If, for any reason, a dispute proceeds in court rather than arbitration, to the fullest extent permitted by law, you and California Clock, LLC knowingly and irrevocably waive any right to a trial by jury.
SECTION 22. THIRTY DAY RIGHT TO OPT OUT OF ARBITRATION
You may opt out of the arbitration provisions in Sections 20 and 21 by sending us a written notice of your decision to opt out within thirty (30) days after you first use the site, make a purchase through the site, or otherwise become subject to these Terms of Service, whichever occurs first.
Your opt out notice must include your full legal name, mailing address, email address, phone number, and a clear statement that you wish to opt out of the arbitration agreement contained in these Terms of Service.
Any opt out notice must be sent by mail to:
California Clock, LLC
Attn: Arbitration Opt-Out
PO Box 1166
Worthington, OH 43085
or by email to:
legal@kit-cat.com
If you timely opt out, the arbitration provisions will not apply to you, but all other provisions of these Terms of Service will remain in effect.
SECTION 23. GOVERNING LAW AND FORUM FOR NON-ARBITRABLE CLAIMS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nevada and applicable federal law, without regard to principles of conflicts of law, except to the extent superseded by non-waivable law.
To the extent any dispute is determined not to be subject to arbitration, or if arbitration is not enforced as to a particular claim, then such dispute shall be brought exclusively in the state courts located in Clark County, Nevada or the United States District Court for the District of Nevada, Las Vegas Division, and you consent to the personal jurisdiction and venue of such courts, to the fullest extent permitted by law.
SECTION 23A. ASSIGNMENT
California Clock, LLC may assign or transfer these Terms of Service, in whole or in part, without notice, in connection with a merger, acquisition, reorganization, sale of assets, financing transaction, change of control, or similar corporate transaction. These Terms of Service shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
You may not assign or transfer these Terms of Service without our prior written consent.
SECTION 24. SHIPPING, DELIVERY, TITLE, AND RISK OF LOSS
Shipping and delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, fraud review, inventory constraints, supply interruptions, inaccurate addresses, refusal of delivery, or events beyond our reasonable control.
Unless otherwise required by law, title to products and risk of loss pass to you upon our delivery of the products to the carrier. You are responsible for providing a complete and accurate shipping address and for receiving and inspecting your order promptly upon delivery.
International orders may be subject to duties, taxes, customs fees, import restrictions, local regulations, delivery delays, and seizure or return by customs authorities. Unless expressly stated otherwise, you are solely responsible for all such matters.
SECTION 25. ELECTRONIC COMMUNICATIONS
By using the site, placing an order, creating an account, or communicating with us electronically, you consent to receive communications from us electronically, including by email, site notice, account notice, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 26. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such 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 any other remaining provisions.
SECTION 27. WAIVER
No waiver by us of any right, term, or provision of these Terms of Service shall be deemed to be a further or continuing waiver of such right, term, or provision or any other right, term, or provision, and our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 28. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use our site and Services.
We may terminate this agreement, suspend your access to the site, cancel pending orders, limit future purchases, or otherwise restrict your use of the Service at any time without notice if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or if we determine that such action is necessary to protect our rights, our business, our customers, or third parties.
SECTION 29. ENTIRE AGREEMENT
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, including without limitation our Privacy Policy and Data Sharing Opt-Out page, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 30. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@kit-cat.com.
Legal notices relating to disputes, arbitration notices, and similar legal communications may be directed to legal@kit-cat.com.
California Clock, LLC
Legal Business Address:
7255 W Sunset Rd Apt 1014
Las Vegas, NV 89113
Mailing Address:
PO Box 1166
Worthington, OH 43085
Email: support@kit-cat.com
Phone: (866) 982-4177
Tax ID: 99-4795062