When we say “Kim Sang Logistic,” we mean KimSang.com.sg, and any subsidiaries of Kim Sang Stores, Inc. (including any subsidiaries that Kim Sang Stores, Inc. may form or acquire in the future). We also refer to Kim Sang Logistic as “we,” “us” and “our.” But when we say “Kim Sang Logistic Entities,” we mean Kim Sang Logistic and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say “Kim Sang Sites,” we mean www.kimsang.com.sg, and all related functionality, services, and Content offered by or for Kim Sang Logistic on or through www.kimsang.com.sg and the Kim Sang Logistic Apps or the systems, servers, and networks used to make the Kim Sang Logistic Sites available.
When we say “you” or “your” we mean any user (like you!) of any Kim Sang Logistic Site.
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Kim Sang Logistic Sites.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Kim Sang Logistic Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Kim Sang Logistic Sites through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Kim Sang Logistic Entities make available on or through the Kim Sang Logistic Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND KIM SANG LOGISTIC ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Your Use of the Kim Sang Logistic Sites
You certify that the Content you provide on or through the Kim Sang Logistic Sites is accurate and that the information you provide on or through the Kim Sang Logistic Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Kim Sang Logistic is not responsible for any losses arising out of the unauthorized use of your account. You agree that Kim Sang Logistic does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Kim Sang Logistic Sites. You agree that Kim Sang Logistic is not a party to any such agreement, nor is Kim Sang Logistic responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Kim Sang Logistic Sites or any portion of the Kim Sang Logistic Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Kim Sang Logistic Sites or any portion of the Kim Sang Logistic Sites.
In connection with the Kim Sang Logistic Sites, you will not:
Make available any Content through or in connection with the Kim Sang Logistic Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
Make available through or in connection with the Kim Sang Logistic Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Kim Sang Logistic Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Kim Sang Logistic Sites.
Interfere with or disrupt the operation of the Kim Sang Logistic Sites or the systems, servers, or networks used to make the Kim Sang Logistic Sites available, including by hacking or defacing any portion of the Kim Sang Logistic Sites; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Kim Sang Logistic Sites.
Reverse engineer, decompile, or disassemble any portion of the Kim Sang Logistic Sites, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Kim Sang Logistic Sites.
Frame or mirror any portion of the Kim Sang Logistic Sites, or otherwise incorporate any portion of the Kim Sang Logistic Sites into any product or service, unless you obtain Kim Sang Logistic’s express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Kim Sang Logistic Sites, without Kim Sang Logistic’s express prior written consent.
Cause injury to any person or entity.
You will not use the Kim Sang Logistic Sites or Kim Sang Logistic’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Kim Sang Logistic trademark, logo, URL, or product name without Kim Sang Logistic’s written consent;
3. Content and Ideas
A. Submitting Content and Ideas
B. Kim Sang Logistic’s Rights to Use Content and Ideas
You grant to Kim Sang Logistic a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Kim Sang Logistic is free to use any Ideas for any purpose. Kim Sang Logistic may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Kim Sang Logistic is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Kim Sang Logistic the right to use any name associated with any Content or Idea that you make available to Kim Sang Logistic, although Kim Sang Logistic has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the Kim Sang Logistic Sites that:
is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Kim Sang Logistic), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kim Sang Logistic in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Kim Sang Logistic;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Kim Sang Logistic, its related entities, employees, and agents;
violates any policy posted on the Kim Sang Logistic Sites; or
is intended to cause harm, damage, disable, or otherwise interfere with the Kim Sang Logistic Sites or our partners.
4. Monitoring by Kim Sang Logistic
5. Materials Available on the Kim Sang Logistic Sites
Kim Sang Logistic and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Kim Sang Logistic Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Kim Sang Logistic Sites, we would appreciate it if you let us know by contacting us at http://help.kimsang.com.sg/. (Your feedback is a big part of what helps Kim Sang Logistic to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE Kim Sang Logistic ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Kim Sang Logistic has no liability to you for content on the Kim Sang Logistic Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Kim Sang Logistic is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Kim Sang Logistic Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Kim Sang Logistic Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Kim Sang Logistic’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
8. Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
B. Pricing Information; Availability
Kim Sang Logistic cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Kim Sang Logistic Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Kim Sang Logistic reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Kim Sang Logistic. Kim Sang Logistic may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Kim Sang Logistic Sites or from prices available in Kim Sang Logistic.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Kim Sang Logistic Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Kim Sang Logistic Sites to addresses outside of Singapore is limited.
Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the Kim Sang Logistic Sites, and (b) any software or technology purchased, downloaded, or used from the Kim Sang Logistic Sites, are subject to the customs and export control laws and regulations of Singapore and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from Singapore without a license.
11. Intellectual Property
No license, right, title, or interest in the Kim Sang Logistic Sites or any Materials is transferred to you as a result of your use of the Kim Sang Logistic Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Kim Sang Logistic Sites. The Kim Sang Logistic Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Kim Sang Logistic Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Kim Sang Logistic Sites and Materials is the exclusive property of Kim Sang Logistic and is also protected by U.S. and international copyright laws.
Kim Sang Logistic, Kim Sang, the kimsang.com.sg names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Kim Sang Logistic Sites are trademarks or trade dress of Kim Sang Logistic in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Kim Sang Logistic Sites in a way that constitutes copyright infringement, please contact us with proof of copyright ownership.
14. Third-Party Software & Licensing Notices
The Kim Sang Logistic Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).
16. Terms Applicable to Special Kim Sang Logistic Services
A.Kim Sang Logistic Marketplace
Kim Sang Logistic operates an online marketplace program on the Kim Sang Logistic Sites which enables Marketplace Retailers to sell their products alongside Kim Sang Logistic products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Kim Sang Logistic Marketplace”). Any use of the Kim Sang Logistic Marketplace is subject to the following additional terms:
When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Kim Sang Logistic Marketplace through the Kim Sang Logistic Sites, uses any order processing, fulfillment, shipping, or other services related to the Kim Sang Logistic Marketplace provided by or for Kim Sang Logistic, or uses any platform, portal, web service, application, interface, or other tool provided by or for Kim Sang Logistic in connection with the Kim Sang Logistic Marketplace.
To the fullest extent provided by applicable law, Kim Sang Logistic has no responsibility or liability for any Marketplace Retailer or their products.
Certain Kim Sang Logistic Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Kim Sang Logistic in-store purchase receipt. Any use of the Kim Sang Logistic eReceipt service is subject to the following additional terms:
There is no charge from us to use Kim Sang Logistic eReceipts, but your data service provider’s message and data charges may apply. Kim Sang Logistic and text message carriers are not liable for delayed or undeliverable messages.
We may alter, suspend, or terminate your use of Kim Sang Logistic eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Kim Sang Logistic eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the Kim Sang Logistic eReceipts service is subject to all applicable laws and regulations.
C. Kim Sang Logistic Online Grocery Services
Any use of the Kim Sang Logistic Grocery service is subject to the following additional terms:
Once you have placed an order for Kim Sang Logistic online grocery services, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
We may, in our discretion, provide you with a refund in certain circumstances.
We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
Notwithstanding the foregoing, all refunds will be subject to our discretion.
ii. Kim Sang Logistic Online Grocery Services Delivery
We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Kim Sang Logistic will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
We can only deliver to an address stored in your address book in your account on the Kim Sang Logistic Grocery Site.
iii. Kim Sang Logistic Online Grocery Services Pricing
Pricing for Kim Sang Logistic Grocery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. Kim Sang Logistic Grocery does not match prices from other online or physical stores, or Kim Sang Logistic stores other than the one where your items are picked and packed.
iv. Kim Sang Logistic Online Grocery Services Promotion Codes
Only promotional codes issued by Kim Sang Logistic can be used for Kim Sang Logistic online grocery services. Grocery Promo Codes cannot be used in Kim Sang Logistic stores. Grocery Promo Codes issued by Kim Sang Logistic are, and will remain, the property of Kim Sang Logistic and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.
Grocery Promo Codes can be added to your Kim Sang Logistic online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.
All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.
We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against Kim Sang Logistic in connection with such rejection or cancellation of a Grocery Promo Code. Kim Sang Logistic will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.
Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.
v. Kim Sang Logistic Online Grocery Delivery Unlimited
Kim Sang Logistic Online Grocery Delivery Unlimited (“Delivery Unlimited”) benefits are dependent upon inventory availability, available delivery time slots, and in some cases, the delivery address. Delivery Unlimited-eligible orders are limited to items sold through www.grocery.kimsang.com.sg or the Kim Sang Logistic Grocery application. We may also exclude products with special delivery characteristics at our discretion. For more information about the details of Delivery Unlimited, see Delivery Unlimited FAQs, available at https://grocery.kimsang.com.sg/delivery-unlimited-faq.
Cancellation. You may cancel Delivery Unlimited by calling Kim Sang Logistic Customer Care at (800) 924-9206, or through your Kim Sang Logistic Grocery Account. There are no refunds for Delivery Unlimited fees paid, except as expressly provided in these Terms. If you cancel, you can continue to use Delivery Unlimited benefits until the end of your paid term.
Free Trial Offers: You may cancel Delivery Unlimited at any time during your 15-day free trial. If you cancel during the free trial period, you will not be able to use Delivery Unlimited, and will lose the benefits of the free trial immediately.
Auto – Renewal. YOU MAY SELECT EITHER A ONE-MONTH OR A ONE-YEAR DELIVERY UNLIMITED TERM (“TERM”). YOU WILL BE CHARGED IMMEDIATELY FOR THE INITIAL TERM. FOLLOWING THE INITIAL TERM, YOUR DELIVERY UNLIMITED SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND WE WILL CHARGE ANY CREDIT OR DEBIT CARD WE HAVE ON FILE FOR YOU FOR AN ADDITIONAL TERM AT THE FEE THEN IN EFFECT PLUS ANY APPLICABLE TAXES ON A RECURRING BASIS WITHOUT FURTHER NOTICE TO YOU (EXCEPT TO THE EXTENT THAT NOTICE IS REQUIRED BY APPLICABLE LAW) UNLESS AND UNTIL YOU NOTIFY Kim Sang Logistic OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE DELIVERY UNLIMITED CANCELLATION PROCESS DESCRIBED IN THE PARAGRAPHS ABOVE.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Kim Sang Logistic WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Kim Sang Logistic SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A Kim Sang Logistic ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Kim Sang Logistic ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Kim Sang Logistic SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Kim Sang Logistic ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE Kim Sang Logistic SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Kim Sang Logistic Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Kim Sang Logistic will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.