TERMS OF SERVICE

The following terms and conditions (the "Agreement") govern all use of the kylerjohnson.co and nobodyaskedpod.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Kyler Johnson and its affiliated companies and subsidiaries (“Kyler", “Kyler Johnson”, "we", "our", "us", etc.). The Service is offered subject to your ("you", "your") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Kyler Johnson – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree to this Agreement, do not use the Site and the Service.

If you use our Service only for your personal use, you are to be considered as the "User".

ACCESS AND MEMBERSHIP

In order to enjoy all of our benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user's account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify kyler@kylerjohnson.co immediately of any breach of security or unauthorized use of your account. We will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kyler Johnson or others due to such unauthorized use.

Kyler Johnson may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Kyler Johnson may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. You certify to Kyler Johnson that if you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the Service, and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

MODIFICATIONS

  • Kyler Johnson reserves the right, at his discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send kyler@kylerjohnson.co a written notification (and your customer account will be deleted), or close your account within 30 days of notice.

CONTENT

  • All content on this website including text, images, video, and audio is copyright protected. If you choose to violate copyright laws, you will be held liable and punished to the full extent of the law.

  • If you wish to use content elsewhere from this website, send an email to kyler@kylerjohnson.co to request permission.

USE OF WEBSITE AND SERVICES

  • You agree that you will not violate any laws in connection with your use of the website or it Services. This includes any local, state, federal, and international laws that may apply to you.

  • You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree that Kyler Johnson reserves the right to audit these platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Kyler Johnson.

WARRANTIES AND LIMITATION OF LIABILITY

  • While it is extremely unlikely, you may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Kyler Johnson is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by other users that you accessed through the Services. You release Kyler Johnson from all liability relating to that content.

  • The store on our Site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Kyler Johnson is not a party to those agreements; they are solely between you and the third party.

  • You understand that our website and Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:

  • the Services will be secure or available at any particular time or location;

  • any and all errors which are on this website will be corrected;

  • the Services will always be free of viruses or other harmful materials; or

  • the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

To the fullest extent permitted by law, neither Kyler Johnson, nor his affiliates, employees or directors shall be liable to you for any lost money, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.

Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

PAYMENTS AND FEES

  • www.kylerjohnson.co & www.nobodyaskedpod.com may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify Kyler Johnson through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the "confirm" button. You will then receive an email from us.

  • By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. If you have used another person's card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.

  • In case of an unfounded chargeback, you shall reimburse Kyler Johnson for his losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).

  • We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

  • Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

  • Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Kyler Johnson at his sole discretion may change, suspend or discontinue these discounts at any time.

SHIPPING AND RETURNS

  • Once you have clicked on the "confirm" button, it might be not possible to edit or cancel your order. If you want to change some parameters, addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to your account for Products claimed as damaged or not received are subject to Kyler Johnson’s investigation and discretion.

  • The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Kyler Johnson will not make any refunds and will not resend the Product.

  • Kyler Johnson will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Kyler Johnson is at fault and (b) Kyler receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.

DESCRIPTION OF PRODUCTS

  • Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

  • We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.

  • We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

  • Sometimes during the manufacturing process Products can be damaged, obviously they won't be shipped out to you (your Customers), however they can still be used for charitable purposes. Kyler Johnson reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.

PURCHASE OF PRODUCTS

  • Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.

  • Kyler Johnson shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.

  • Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.

  • All information asked on the checkout page must be filled in precisely and accurately. Kyler Johnson will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Kyler Johnson.

DELIVERY

  • We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

  • Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

  • Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.

RELEASE

  • You release us (and our officers, directors, agents, affiliated companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Kyler Johnson has no control over and does not guarantee the delivery of the advertised collaborations and that Kyler Johnson shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

INDEMNITY

  • You will indemnify and hold Kyler Johnson (and his officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party (including you as a customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

GOVERNING LAW

  • This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) are governed by the laws of the State of Nebraska, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.