TERMS OF SALE
This Terms of Sale (the "Agreement") constitutes a binding legal
contract between you and Shadowman Entertainment LLC. ("Shadowman Entertainment"),
the owner and operator of the Kelli.com website (the "Site"). By ordering
any product or service via the Site, you signify your acceptance of this Agreement,
as it may be amended or supplemented from time to time. Changes to this Agreement
will be effective when posted.
This Agreement is intended to supplement the Website Terms of Service. Click
here to view our Terms of Service. Shadowman Entertainment takes the issue
of privacy on the Internet very seriously. To
of Sale covering Digital Downloads.
Prices for all items on this site are listed in U.S. dollars.
Disclaimer of Warranties
Shadowman Entertainment warrants that it will replace or refund for the full purchase price products purchased through the Site at any time within the thirty (30) days following your purchase of the item.
THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. SHADOWMAN ENTERTAINMENT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Newsletter Opt In
By purchasing through the site, you will automatically be subscribed to "The
Ticket," Kelli's free electronic newsletter (you can unsubscribe at any
Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Shadowman Entertainment are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Shadowman Entertainment. You acknowledge by your use of Shadowman Entertainment’s products and services that your use of the products and services and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with Shadowman Entertainment’s products and services.
SHADOWMAN ENTERTAINMENT HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT SHADOWMAN ENTERTAINMENT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
Follow all instructions and heed all warnings accompanying any product ordered from the Site.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST SHADOWMAN ENTERTAINMENT ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SHADOWMAN ENTERTAINMENT FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and Shadowman Entertainment, and any litigation or other legal proceeding between you and Shadowman Entertainment (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. This contract is fully performable in Los Angeles County, California.