Terms and Conditions

Activation of the Member’s account or use of services provided by Kimbo Online Store LTD (hereinafter “Kimbo Online Store” or the “Website”) will represent the Member’s acceptance of this agreement (hereinafter “Agreement”), as set forth in the following Terms and Conditions, and the Member’s authorization for Kimbo Online Store to charge the Member’s payment method for all future charges. Member also consents to Kimbo Online Store’s Privacy Policy.

Kimbo Online Store reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member’s responsibility to review the Kimbo Online Store Terms and Conditions periodically as continued use of Kimbo Online Store’s services will constitute the Member’s acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Kimbo Online Store.

Kimbo Online Store prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Kimbo Online Store in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.

Membership starts the day the Member’s application is received by Kimbo Online Store. Kimbo Online Store cannot arrange for any shipments until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 before sending mail for Free Members, Premium Members and Boss Members.

The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.

I. USER GUIDELINES

You agree to adhere to the following guidelines when using this Website:

You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.

You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.

You may not publish, post, advertise, distribute, disseminate, or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.

You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another’s computer or the Website.

You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.

You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.

You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.

You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

You may not provide Personal information, as that term is defined in the Privacy Policy, of another person without his or her express permission.

You may not provide Personal information, as that term is defined in the Privacy Policy, of individuals under the age of 13.

You may not access or attempt to access Kimbo Online Store’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.

You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.

You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.

You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

You may not use any device, software, or routine that interferes with the proper working of the Website.

You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Please do not post any Personal information, as that term is defined in the Privacy Policy, on publicly accessible areas of the Website. If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Kimbo Online Store a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.

II. TERMS OF SERVICE

Kimbo Online Store will provide the Member with a suite number at the Access USA facility in the United States at which the Member can have mail and/or merchandise delivered prior to export.

Kimbo Online Store’s services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member’s merchandise, which will be sorted, packed, and consolidated. At the Member’s direction, Kimbo Online Store arranges for export to the Member’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Kimbo Online Store does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Kimbo Online Store will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail (for all Kimbo Online Store Members) and packages will be sent. Members also authorize Kimbo Online Store as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.

Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of a Kimbo Online Store Member.

For Kimbo Online Store Members, Kimbo Online Store also will receive the Member’s mail (i.e., letters, catalogs, and newspapers), Kimbo Online Store cannot hold or store mail that will not fit into a 4 inch-tall mailbox. Kimbo Online Store will notify the Member via e-mail once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that Kimbo Online Store discard the mail. If no reply is received from the Member, Kimbo Online Store, in accordance with these terms, understands that the Member is directing Kimbo Online Store to send the mail to the Member’s address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.

The Member authorizes Kimbo Online Store to charge his/her payment method for all services and/or account activity with Kimbo Online Store. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.

If a Member’s payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Kimbo Online Store to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member’s credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.

Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater

Kimbo Online Store will allow active Free Members to store their merchandise for up to 30 days at no charge. Kimbo Online Store will allow active Premium Members to store their merchandise for up to 180 days at no charge and Boss Members for up to 210 days at no charge. After 30 days for Free Members, or after 180 days for Premium Members and after 210 days for Boss Members, the Member agrees to pay storage charges per box per day, consistent with Kimbo Online Store current schedule of fees. All Members, regardless of membership type, agree to ship their merchandise within 250 days of merchandise arriving into their Kimbo Online Store suite. Whereas merchandise that has remained in a Member’s suite for more than 250 days (e.g., 251 days or greater), the Member authorizes and directs Kimbo Online Store, at Kimbo Online Store’s discretion, to ship such merchandise to the member’s current shipping address. Whereas a Member may owe money on their Kimbo Online Store account or the Member’s payment method will not process appropriately, the Member’s merchandise will remain on hold, accruing storage, and the Member authorizes and directs Kimbo Online Store, at Kimbo Online Store’s discretion, to retry payment processing one calendar week later, on day 257. If that attempt is not successful, the Member’s merchandise will remain on hold, accruing storage, and the Member authorizes and directs Kimbo Online Store to retry payment processing one calendar week later, on day 264. If the third attempt to retry payment processing is not successful, the Member acknowledges that the merchandise is no longer considered shippable nor storable and will thus be forfeited by the Member to Kimbo Online Store in order to be sold with the proceeds donated to charity, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. Kimbo Online Store reserves the right to amend this policy in practice as appropriate and necessary to Kimbo Online Store’s business operations.

Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.

Insurance costs for shipments of merchandise are based on the insured value. Each US $100 of insured value costs US $2.99. The insured value is subject to the terms and conditions of the particular carrier’s airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value.

Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Kimbo Online Store. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Kimbo Online Store is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Kimbo Online Store for damage or loss caused to any items before delivery to Kimbo Online Store or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.

Either party may cancel the Membership Agreement with written notice (via email, fax, letter, or, to the extent provided by the Kimbo Online Store website, online). Upon cancellation, Kimbo Online Store Members will receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Premium Membership and Boss Membership listed in Kimbo Online Store’s current schedule of fees. Refunds will be processed within ten (10) business days of cancellation.

Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Kimbo Online Store by such Member, whether under these Terms and Conditions or otherwise (the “Secured Obligations”), hereby mortgages, pledges and hypothecates to Kimbo Online Store and grants to Kimbo Online Store a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to Kimbo Online Store.

If a Member’s account charges become delinquent for more than thirty (30) days, Kimbo Online Store may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.

Without limiting the generality of the foregoing, Kimbo Online Store may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member to Kimbo Online Store are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on Kimbo Online Store’s claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker’s board or office of Kimbo Online Store or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. Kimbo Online Store shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.

Title to any items that cannot be exported after arrival at the Kimbo Online Store facility will be forfeited by the Member. Kimbo Online Store will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.

The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Kimbo Online Store USA warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer’s location to the Access USA warehouse.

Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or cancelled customers are twice the rate of the shipping charges listed on the Kimbo Online Store website.

If a Member’s account charges become delinquent for more than 30 days, Kimbo Online Store may, at its sole discretion, cancel the Member’s membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.

Monthly and annual memberships are automatically renewed unless the Member advises Kimbo Online Store in writing that he/she wishes not to renew his/her membership.

There is no membership fee for a Free Member Account. Charges of a Free Member Account only are incurred for initial set up, processing, shipping, and other shipping-related services.

Each package received by Kimbo Online Store with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with Kimbo Online Store’s current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member’s unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.

All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with Kimbo Online Store’s current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with Kimbo Online Store’s current schedule of fees, for each 15 day period that an order remains past due.

The Member’s Kimbo Online Store suite number is to be used only for package consolidation purposes. The Member will not represent that its Kimbo Online Store suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Kimbo Online Store suite number is the address of the Member’s place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member’s Kimbo Online Store account.

The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Kimbo Online Store is not responsible for any action taken by the seller with respect to the Member’s order as a result of the seller’s terms and conditions of sale.

The Member also is responsible for informing the seller that any merchandise purchased and sent to Kimbo Online Store’s facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D (“Compliance with the Foreign Trade Regulations”) below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Kimbo Online Store by the seller.

III. COMPLIANCE WITH LAWS

A. Compliance With Export and Import Laws

The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.

The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively “Export, Import, and Economic Sanctions Laws”). Additional information about the items that you can and cannot have processed by Kimbo Online Store is available on our Prohibited and Restricted Items page.

The Member represents and warrants that (a) the recipient of any items consolidated by Kimbo Online Store is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Kimbo Online Store with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by Kimbo Online Store will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through Kimbo Online Store, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. Kimbo Online Store reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by Kimbo Online Store.

If you are a reseller, you agree to be bound by the following terms:

1. As a condition of your membership with Kimbo Online Store, you agree to be bound by all terms and conditions of Kimbo Online Store. The most recent version of the Kimbo Online Store Terms & Conditions are available at https://www.kimboonlinestore.com/terms-conditions/. The Kimbo Online Store Terms & Conditions are subject to change at any time.

2. You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of Kimbo Online Store to any destination, end-user, or for any end-use prohibited by the laws of the United States. By signing and returning this letter, you agree that you will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on a U.S. Government denied party list.

3. You recognize that products consolidated and exported using the services of Kimbo Online Store from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:

made in the U.S. or contains a certain amount of U.S.-origin content;

foreign-origin but has “traveled” through the U.S.;

developed from U.S. technology;

sold by a U.S. citizen anywhere in the world; or

made by a U.S. company anywhere in the world.

Thus, the products consolidated and exported using the services of Kimbo Online Store from the United States are subject to the controls of the EAR.

We have attached links to pertinent government websites for your convenience:

Export Administration Regulation (EAR) § 736 – 10 General Prohibitions https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions

International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 – 130 http://pmddtc.state.gov/regulations_laws/itar.html

Consolidated Screening List for U.S. Government Denied Parties http://export.gov/ecr/eg_main_023148.asp

4. You represent and warrant that the items you purchase for resale will be sold or distributed by your organization and that with respect to such items you will comply with the applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the end user of your products resides, operates, or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice. You also will ensure that any person or name to which you are shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.

5. You also agree that you will comply with all regulatory requirements with respect to products classified under Export Control Classification Number (“ECCN”) 3A991.a.1. Specifically, you certify that pursuant to Section 744.17 of the EAR, you will not re-export items classified as 3A991.a.1 without an export license from BIS if you have reason to know or are otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/index.php/forms-documents/doc_download/944-740-supp-1).

6. You agree that only items purchased from the United States will be routed through Kimbo Online Store (i.e., you will not knowingly purchase items from outside of the United States to be imported to the Kimbo Online Store facility in the United States).

7. You recognize that when purchasing merchandise you are responsible for notifying, and agree that you will notify, each U.S. Principal Party in Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, that you intend to export the merchandise purchased from the United States. You agree to provide to Kimbo Online Store all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI’s tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).

8. You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of Kimbo Online Store. You are responsible for complying with all import obligations or license requirements of the destination country.

To the extent that you are a reseller and the ultimate purchasers (i.e., your customers) are known to you at the time you export merchandise using the services of Kimbo Online Store (e.g., your transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:

You must provide Kimbo Online Store with the identity of your customer prior to conducting a transaction on behalf of that customer. The customer should be added to your Kimbo Online Store account as an additional named person benefitting from the account (i.e., added as an “additional name”). Ultimately, you are responsible for conducting screening to ensure that you do not export to Prohibited Persons as defined in the Kimbo Online Store Terms and Conditions using the services of Kimbo Online Store or its unaffiliated freight forwarders and/or carriers

Your customers also must agree in writing (or by electronic affirmation) to be bound by the Kimbo Online Store Terms and Conditions. Kimbo Online Store has the right to request a copy of this writing at any time. You should provide your customers with language along the following lines prior to engaging in a transaction with these individuals:

“This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at www.123buyusa.com.”

As Foreign Principal Party in Interest, you hereby notify the US Principal Party in Interest that you expressly assume responsibility for determining licensing requirements and obtaining licensing authority, if any, for the export shipment of merchandise purchased from the USPPI, such that Access USA Shipping, your U.S. agent, will be the exporter of record for purposes of the Export Administration Regulations (“EAR”), consistent with the requirements of 15 CFR § 758.3(b).

B. Prohibited and Restricted Items

The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:

1. Combustible/flammable items (paints, oils, lighters, perfume, nail polish)

2. Any type of pressurized can (hair spray, shaving cream, spray cans of any type)

3. Hazardous materials (matches, chemicals, explosives)

4. Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment

5. Agricultural products such as tobacco, plants and seeds (restricted to some destinations)

6. Coffee (restricted to some destinations)

7. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Kimbo Online Store may not be returned to or resold in the United States.

8. Animals and products made with animal skin (furs)

9. Alcohol (Kimbo Online Store may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia)

10. Cash, currency, money orders, cashiers’ checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit

11. Lottery tickets and gambling devices

12. Prescription and/or veterinary medication

13. Pornography

14. Lock picking devices

15. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.

The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member’s shipment may be carried. Member also understands that Kimbo Online Store is not responsible for the loss of any software and/or data.

The Member acknowledges that Kimbo Online Store will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Kimbo Online Store. The Member also acknowledges that Kimbo Online Store does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by Kimbo Online Store is available on our Prohibited and Restricted Items page.

The Member is responsible for confirming that prohibited items listed in the Kimbo Online Store Prohibited and Restricted Item page are not sent to Kimbo Online Store. See Prohibited Items Guide for more information. Kimbo Online Store reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).

Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website.

C. Prohibited and Restricted End Users and Destinations

Kimbo Online Store will not provide services to any of the following countries/regions:

1. Cuba

2. Iran

3. Myanmar

4. North Korea

5. Sudan

6. Syria

7. Libya

8. Ukraine: Crimea Region and the so-called Donetsk People’s Republic (DNR) or Luhansk People’s Republic (LNR) regions of Ukraine.

Kimbo Online Store will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. Kimbo Online Store reserves the right to update this list at any time to reflect current law and regulations. Kimbo Online Store also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).

At no time shall the Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC’s website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.

In the event that the Member is believed potentially to be a Prohibited Person or requests that Kimbo Online Store arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, Kimbo Online Store may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of Kimbo Online Store, Kimbo Online Store reserves the right to remove the shipping address of such potential Prohibited Persons from the Member’s account or to cancel the Member’s account, Kimbo Online Store also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of Kimbo Online Store or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.

D. Compliance with the Foreign Trade Regulations

Kimbo Online Store takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by the Member and the U.S. seller.

The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member. The Member agrees to provide to Kimbo Online Store all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI’s tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).

If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing Kimbo Online Store with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value provided to Kimbo Online Store is true and accurate. The Kimbo Online Store Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.

E. Fraud Prevention

Kimbo Online Store uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, KIMBO ONLINE STORE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Kimbo Online Store immediately, and Kimbo Online Store will cancel such account.

You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to Kimbo Online Store is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.