Terms & Conditions

TERMS AND CONDITIONS OF SALE AND USE

LKS LLC (d/b/a Chinology)

Last Updated: April 13, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 25.

PLEASE REVIEW SECTIONS 21 THROUGH 25 CAREFULLY.

1. ACCEPTANCE OF TERMS

These Terms and Conditions of Sale and Use ("Terms") are entered into by and between you and LKS LLC, a Wyoming limited liability company doing business as "Chinology" ("Company," "Chinology," "we," "our," or "us").

These Terms govern your access to and use of:

  • us-chinology.com;
  • Any related websites, checkout funnels, landing pages, subdomains, mobile applications, and services;
  • Any purchases of products offered through the foregoing (collectively, the "Website");
  • Any products or subscription services (the "Products").

By accessing or using the Website, creating an account, enrolling in a subscription, clicking "I agree," or purchasing any Product, you:

  • Represent that you are at least eighteen (18) years old and have reached the age of majority in your jurisdiction of residence;
  • Represent that you have legal capacity to enter a binding agreement;
  • Agree to be bound by these Terms in their entirety, including all policies referenced or hyperlinked herein (including our Privacy Policy, Shipping Policy, and Refund/Return Policy).

If you do not agree, you must not access or use the Website.

1.1 Electronic Assent; Clickwrap

Where presented, you will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging your agreement to these Terms before completing certain transactions. Your affirmative action constitutes legally binding electronic consent.

1.2 Modifications to Terms

We may revise these Terms at any time in our sole discretion. If changes are material, we will provide reasonable notice, which may include email notification, account notification, or a Website banner notice. Continued use of the Website after changes become effective constitutes acceptance. It is your responsibility to review this page periodically.

2. ACCESS TO THE WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use.

We reserve the right to:

  • Modify or discontinue any part of the Website or Service, with or without notice;
  • Restrict or terminate access at our sole discretion;
  • Refuse service to any user for any reason.

We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Service.

3. ACCOUNT SECURITY

If you create an account:

  • You must provide accurate, current, and complete information;
  • You are solely responsible for maintaining the confidentiality of your login credentials;
  • You must notify us immediately of any unauthorized access or use of your account.

We may disable accounts at our discretion for violations of these Terms or suspected fraudulent activity.

4. PROHIBITED USES

In addition to other prohibitions set forth elsewhere in these Terms, you agree not to:

  • Violate any applicable international, federal, state, provincial, or local law;
  • Solicit others to perform or participate in any unlawful acts;
  • Infringe upon the intellectual property rights of the Company or any third party;
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • Submit false or misleading information;
  • Upload or transmit viruses, worms, or any malicious code;
  • Scrape, crawl, spider, or use any automated means to access the Website;
  • Collect or track the personal information of others;
  • Spam, phish, or pretext;
  • Use the Website for any obscene or immoral purpose;
  • Interfere with or circumvent the security features of the Website or Service;
  • Engage in fraudulent or deceptive conduct, including but not limited to fraudulent chargebacks;
  • Impersonate any person or entity;
  • Resell, duplicate, or exploit any part of the Service without our prior express written consent.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law.

5. INTELLECTUAL PROPERTY

All Website content, including text, images, graphics, trademarks, logos, software, product designs, packaging, and advertising materials, are owned by or licensed to the Company and are protected by U.S. and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any Website content without our prior written consent. No rights are granted to you except as expressly provided herein.

6. PRODUCT INFORMATION; FDA DISCLAIMER; NO MEDICAL ADVICE

6.1 FDA Disclaimer

Statements made regarding Products have not been evaluated by the United States Food and Drug Administration.

Products are cosmetic or personal-care products and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

6.2 Informational Purposes Only

All information provided on the Website, including product descriptions, blog posts, testimonials, before-and-after imagery, educational materials, and founder letters, is for informational and educational purposes only and does not constitute medical, cosmetic, or professional advice.

You should consult a qualified healthcare professional before beginning any cosmetic or skincare regimen, especially if you are pregnant, nursing, taking medication, have sensitive skin, or have any medical condition.

6.3 Individual Results May Vary

Results depend on a variety of factors including consistency of use, individual physiology, age, genetics, lifestyle, and other circumstances. Testimonials and imagery displayed on the Website reflect the experiences of individual customers and are not a guarantee of results. Individual results may vary.

6.4 Reliance Disclaimer

Any reliance you place on information presented on or through the Website is strictly at your own risk. The Company disclaims all liability arising from:

  • Any reliance placed on Website materials by you or any other visitor;
  • Any interpretation of product descriptions, usage instructions, or educational content;
  • Any third-party materials, reviews, or testimonials appearing on the Website.

6.5 Product Usage

Products are intended for external cosmetic use only. You agree to follow all usage instructions provided on the packaging, in the product insert, or on the Website. Misuse of the Product is at your sole risk.

6.6 Patch Test and Skin Sensitivity

If you have sensitive skin, known allergies to cosmetic ingredients (including but not limited to retinol, collagen, silicone, adhesives, or fragrance), or any skin condition (including but not limited to eczema, dermatitis, rosacea, psoriasis, or active acne), you must perform a patch test on a small area of skin at least twenty-four (24) hours before first use of the Product.

You must discontinue use immediately if any irritation, redness, itching, burning, rash, or other adverse reaction occurs, and consult a qualified healthcare professional if such reaction persists.

Pregnant or nursing individuals should consult a healthcare professional before use, as certain cosmetic ingredients (including retinol) are not recommended during pregnancy or nursing.

You assume all risk associated with Product use. The Company disclaims all liability for any skin reaction, irritation, allergic response, or adverse effect resulting from:

  • Failure to perform a patch test as set forth above;
  • Use contrary to the instructions provided on the packaging, product insert, or Website;
  • Use by any individual for whom the Product is contraindicated;
  • Use on broken, irritated, or compromised skin.

7. COMMUNICATIONS; ELECTRONIC CONSENT

By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us, including:

  • Order confirmations and receipts;
  • Shipping notifications;
  • Subscription reminders and renewal notices;
  • Customer service communications;
  • Marketing communications (where you have opted in).

You may opt out of marketing emails by using the unsubscribe link in such communications. You agree that electronic communications satisfy any legal requirement that communications be in writing.

8. PRIVACY; COOKIES

8.1 Privacy Policy

All information we collect is subject to our Privacy Policy, available on the Website. By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.

8.2 Cookies and Tracking Technologies

Our Website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities.

Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy.

9. PAYMENTS AND BILLING

9.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by the Company. We reserve the right to refuse, reduce, or cancel any order at our sole discretion, including for suspected fraud, pricing errors, product unavailability, or violations of these Terms.

Prices are listed in U.S. dollars and are subject to change without prior notice.

9.2 Payment Authorization

By providing a payment method, you represent and warrant that:

  • You are authorized to use the payment method;
  • All payment information provided is accurate, current, and complete.

You authorize the Company to charge your payment method for:

  • Products purchased;
  • Subscription renewals;
  • Shipping charges;
  • Applicable taxes;
  • Any other disclosed fees.

If payment is declined, we may suspend or cancel your order.

9.3 Third-Party Payment Processors

Payments may be processed through third-party providers (including but not limited to Shopify Payments, Adyen, Checkout.com, Payarc/Evolve, and other authorized processors). Your use of such providers is subject to their terms and privacy policies. The Company is not responsible for payment processor errors, outages, or delays.

9.4 Taxes and Duties

For Products shipped within the United States, applicable sales taxes will be calculated and added at checkout where required by law.

For Products shipped internationally, the customer is solely responsible for any import VAT, customs duties, import taxes, or other local levies. The Company has no control over these amounts, and the Product price on the invoice is shown exclusive of such duties and taxes.

9.5 Pricing and Promotional Offers

The Company may offer promotional pricing, introductory offers, or discount codes. Such offers are subject to the specific terms disclosed at the time of the offer. We reserve the right to modify or terminate any promotion at any time.

9.6 Anti-Abuse of Refund and Satisfaction Policies

To prevent abuse of our refund, replacement, goodwill credit, and money-back guarantee policies, we reserve the right to refuse a refund, replacement, credit, or other accommodation to any customer who has exhibited a pattern of repetitive refunds.

A "pattern of repetitive refunds" includes, but is not limited to:

  • Requesting more than two (2) refunds within any rolling twelve (12) month period, aggregated across any account, email address, shipping address, billing address, phone number, or payment method associated with the customer;
  • Initiating chargebacks on orders for which a refund has already been issued or offered;
  • Submitting refund requests in conjunction with threats of chargebacks, public defamation, or regulatory complaints absent a good-faith dispute;
  • Repeatedly claiming non-delivery for orders with confirmed carrier delivery to the address you provided.

We further reserve the right to refuse future orders, cancel active subscriptions, and blacklist accounts of customers exhibiting such patterns. This Section applies in addition to, and does not limit, any other rights and remedies available to the Company at law or in equity.

10. SHIPPING; TITLE; RISK OF LOSS

Products are shipped via third-party carriers.

Unless otherwise required by law:

  • Title and risk of loss transfer to you upon delivery of the Product to the carrier.
  • Carrier delivery confirmation (including tracking status marked as "Delivered") shall be deemed conclusive proof of delivery to the address provided by you, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for purposes of resolving disputes, including chargebacks or claims of non-delivery.

We are not responsible for delays caused by:

  • Carriers;
  • Weather or natural events;
  • Customs or regulatory authorities;
  • Incorrect or incomplete shipping information provided by you.

International customers are responsible for customs duties and import taxes as set forth in Section 9.4.

Shipping and delivery dates displayed on the Website, in checkout, or in order confirmations are estimates only and are not guaranteed. We are not liable for any delay in shipment, including delays affecting subscription renewals, promotional deadlines, or time-sensitive use cases.

11. AVAILABILITY; ERRORS; INACCURACIES

We may update product information, pricing, or availability at any time without prior notice. The Website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors and cancel orders affected by pricing or description inaccuracies at any time, including after submission of your order. We undertake no obligation to update, amend, or clarify information except as required by law.

12. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond the Company's reasonable control, including but not limited to:

  • Acts of God;
  • Natural disasters;
  • Pandemic or public health emergencies;
  • Labor disputes or strikes;
  • Supply chain disruptions;
  • Governmental actions, sanctions, or trade restrictions;
  • War, terrorism, or civil unrest;
  • Internet service failures or cyberattacks;
  • Payment processor outages;
  • Carrier delays.

Performance shall be excused for the duration of such event.

13. SUBSCRIPTIONS; AUTOMATIC RENEWAL; CANCELLATION

13.1 Subscription Enrollment

The Website offers subscription purchase options ("Subscription Services") that provide automatic recurring shipments of Products at the frequency selected during checkout.

If you enroll in a Subscription Service, you agree that:

  • Your subscription includes recurring payment obligations;
  • The Company is authorized to charge your payment method automatically at the selected billing interval;
  • Shipments will continue until cancelled in accordance with these Terms.

13.2 Clear and Conspicuous Disclosure; Affirmative Consent

At the time of enrollment, the recurring billing terms, including:

  • The fact that charges will recur automatically;
  • The billing frequency (e.g., every 30 days);
  • The amount to be charged at each renewal;
  • The cancellation policy;

will be presented in a clear and conspicuous manner prior to completion of your purchase.

You will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging the recurring nature of the subscription and the cancellation terms before completing your purchase. Your affirmative action constitutes express consent to recurring charges.

13.3 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT.

If pricing changes, we will provide advance notice as required by applicable law.

13.4 How to Cancel

You may cancel your Subscription Service at any time.

To avoid the next scheduled charge, cancellation must be completed at least twenty-four (24) hours before your next billing date.

You may cancel through any of the following methods:

  • Logging into your customer account portal and following the clearly labeled cancellation instructions;
  • Using the "Cancel Subscription" feature in the subscription management portal (Loop Subscriptions or successor);
  • Emailing info@us-chinology.com with the subject line "Cancel Subscription" and including the email associated with your account.

We will not require you to call a live representative to cancel. Cancellation requests submitted through the account portal are effective upon confirmation.

After cancellation:

  • No future recurring charges will be made;
  • No additional shipments will be sent after any shipment already in process for the current billing cycle.

13.5 Account Updater Disclosure

We may use an automatic account updater service provided by our payment processor or card networks (Visa Account Updater, Mastercard Automatic Billing Updater, or equivalent). This service may automatically update your stored payment information (card number or expiration date) if your card issuer provides updated information.

If your payment information is updated, you authorize us to charge the updated payment method. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.

13.6 Failed Payments; Reaffirmation of Authorization

If a recurring charge fails, you authorize us to:

  • Retry the charge over a reasonable period;
  • Contact you for updated payment information;
  • Suspend shipments until payment is received.

Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method. Unpaid balances may be referred for collection where permitted by law.

13.7 Pre-Billing Reminder Notices

Where required by applicable law (including California Business & Professions Code § 17602 and similar state statutes), we will provide subscribers with reminder notices in advance of renewal, as required by the applicable jurisdiction.

14. SMS / MOBILE MESSAGING PROGRAM

14.1 Consent to Receive Messages

The Company offers a mobile messaging program (the "Program") operated through our SMS service provider, Postscript (or any successor provider). By opting into the Program, you expressly consent to receive recurring autodialed or prerecorded marketing and transactional text messages from or on behalf of the Company at the mobile number you provided, sent via Postscript's platform.

You acknowledge that:

  • Consent is not a condition of purchase;
  • Message frequency varies based on your engagement and may include up to ten (10) messages per month;
  • Message and data rates may apply, imposed by your wireless carrier.

14.2 Program Description

Subscribers may receive messages including promotions, product announcements, abandoned-checkout reminders, order confirmations, shipping notifications, subscription reminders, and customer service communications.

14.3 Opt-Out Procedure

You may opt out at any time by replying: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive one confirmation message. Only the above methods constitute valid opt-out.

14.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless provider.

14.5 Age Restriction

You may not participate in the Program if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18), you must have parental consent.

14.6 Florida Telemarketing Compliance

To the extent applicable, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act. For compliance purposes, you agree that we may assume you are a Florida resident if, at the time of opt-in, (i) your shipping address is located in Florida, or (ii) the area code of the phone number used to opt in is a Florida area code.

If you are a Florida resident, you agree that mobile messages sent by us in direct response to your requests (including opt-in confirmations, shipping notifications, help requests, or stop requests) do not constitute a "telephonic sales call" under Florida law.

If you are not a Florida resident, you agree not to assert claims under the Florida Telemarketing Act or Florida Do Not Call Act.

15. USER CONTENT

The Website may allow users to post reviews, testimonials, comments, photos, or other content ("User Content").

By submitting User Content, you grant the Company a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from such content in any medium and for any purpose, including marketing, advertising, and commercial purposes.

You represent and warrant that:

  • You own or control all rights in the User Content;
  • The content does not violate third-party rights (including copyright, trademark, privacy, or publicity rights);
  • The content is truthful, accurate, and not misleading;
  • If featuring any person, you have obtained all necessary releases.

15.1 Monitoring and Enforcement

We reserve the right, but not the obligation, to monitor, edit, refuse, or remove any User Content at our sole discretion.

15.2 Law Enforcement Cooperation

We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing disclosure of the identity or information of any user. You waive and hold harmless the Company from any claims arising from such good-faith disclosures.

16. DISCLAIMERS

THE WEBSITE, PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • TITLE;
  • ACCURACY, RELIABILITY, OR AVAILABILITY;
  • ANY WARRANTY THAT PRODUCTS WILL PRODUCE SPECIFIC COSMETIC OR AESTHETIC RESULTS.

THE COMPANY DOES NOT WARRANT THAT:

  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • DEFECTS WILL BE CORRECTED;
  • THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS;
  • PRODUCTS WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow certain disclaimers; in such cases, the disclaimers shall apply to the fullest extent permitted by law.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, REPLACEMENT COSTS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO:

  • THESE TERMS;
  • YOUR USE OR INABILITY TO USE THE WEBSITE;
  • ANY PRODUCT PURCHASE OR USE;
  • ANY SUBSCRIPTION SERVICE;
  • ANY ADVERTISING, MARKETING, OR PROMOTIONAL PRACTICES.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

17.2 Allocation of Risk

You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section and that the Company would not enter into these Terms without these limitations. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its parent, subsidiaries, affiliates, members, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your misuse of the Website or Products;
  • Your violation of any law or regulation;
  • Your violation of any third-party rights, including intellectual property or privacy rights;
  • Any User Content you submit;
  • Any fraudulent chargeback or payment dispute you initiate in bad faith.

The Company reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims.

19. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES.

IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED.

This provision applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, except to the extent prohibited by applicable law.

20. TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Website and cancelling any active subscription.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Obligations and liabilities incurred prior to the termination date survive termination for all purposes.

21. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND THE COMPANY AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

21.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to:

  • These Terms;
  • The Website;
  • Any Product (including its marketing, labeling, or performance);
  • Any subscription or automatic renewal;
  • Any advertising or marketing practices;
  • Any alleged misrepresentation;

(collectively, a "Dispute")

shall be resolved exclusively through binding, confidential arbitration on an individual basis. The term "Dispute" shall be interpreted broadly.

21.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation, enforcement, and proceedings under this arbitration agreement.

The arbitrator shall decide all threshold issues of arbitrability, including scope, validity, and enforceability.

21.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send a written Notice of Dispute including:

  • Full name;
  • Mailing address;
  • Email associated with the account;
  • Description of claim;
  • Specific relief sought.

If you initiate the Dispute, notice must be sent by certified mail to:

LKS LLC Attn: Legal Department 33 North Gould Street Sheridan, WY 82801 United States

The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration.

21.4 Reservation of Self-Help Remedies

Nothing in this Section prevents the Company from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.

21.5 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org. If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction shall appoint the provider.

Arbitration shall be conducted before a single neutral arbitrator. The arbitration may be conducted in person, by telephone, by video, or based on written submissions, at the claimant's election. The arbitrator shall be authorized to award all remedies available in an individual action under applicable substantive law, including compensatory damages, statutory damages, declaratory relief, injunctive relief (including public injunctive relief where permitted by law), equitable relief, and attorneys' fees where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis.

21.6 Arbitration Cost Allocation

Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent required by those rules, the Company will bear arbitration fees in excess of the amount the consumer would be required to pay to file a comparable action in court. Each party shall bear its own attorneys' fees unless otherwise provided by law.

21.7 Small Claims Exception

Either party may bring an individual action in small claims court for claims within its jurisdictional limits, provided the matter remains in such court and is not removed or appealed to a court of general jurisdiction.

21.8 Equitable and Protective Relief

Notwithstanding the foregoing arbitration requirement, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal courts located in Wyoming for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or violations of these Terms that threaten irreparable harm.

You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.

21.9 Public Injunctive Relief

To the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. However, all other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration as set forth herein.

22. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU WAIVE ANY RIGHT TO:

  • PARTICIPATE IN A CLASS ACTION;
  • SERVE AS A CLASS REPRESENTATIVE;
  • ACT AS A PRIVATE ATTORNEY GENERAL;
  • JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF OTHER PERSONS.

The arbitrator has no authority to conduct class, collective, or representative proceedings.

23. MASS ACTION WAIVER

No Dispute shall be brought as a "Mass Action."

A "Mass Action" means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel or representatives.

Such claims shall not be consolidated or administered collectively without the Company's written consent.

23.1 Batching Procedure

If Mass Action conditions are met:

  • Claims shall be grouped in batches of no more than two hundred (200) claimants;
  • Only one batch shall proceed at a time;
  • A separate arbitrator shall be appointed per batch.

Statutes of limitation shall be tolled during the batching process.

23.2 Special Master

A neutral Special Master may be appointed by the parties or by AAA to resolve procedural disputes regarding Mass Action administration.

24. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL.

25. OPT-OUT RIGHT

You may opt out of the arbitration agreement, class action waiver, mass action waiver, and jury trial waiver set forth in Sections 21 through 24 within thirty (30) days of your first acceptance of these Terms.

To opt out, you must send written notice by certified mail to the address in Section 21.3, including:

  • Your full name;
  • Your mailing address;
  • The email associated with your account;
  • A clear and unequivocal statement that you wish to opt out of arbitration.

Opting out will not affect any other provision of these Terms.

26. CLAIM-SPECIFIC SEVERABILITY

If any portion of the arbitration agreement, class action waiver, or mass action waiver is found unenforceable as to a specific claim:

  • That specific claim shall proceed in court;
  • All other claims shall remain subject to arbitration.

If any other provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed without affecting the validity and enforceability of the remaining provisions.

27. GOVERNING LAW

Except as otherwise provided in Section 21 (which is governed by the Federal Arbitration Act), these Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

28. MISCELLANEOUS

28.1 Final and Integrated Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund/Return Policy, Subscription Policy, and any order confirmation, are deemed the final and integrated agreement between you and the Company regarding their subject matter, and supersede all prior or contemporaneous negotiations, representations, agreements, communications, and proposals, whether oral or written. No oral statement, promise, or representation by any employee, agent, contractor, or representative of the Company shall modify or supplement these Terms.

28.2 No Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed continuing.

28.3 Assignment

You may not assign or transfer these Terms without our prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

28.4 No Construction Against Drafter

No ambiguity shall be construed against the drafting party.

28.5 Headings

Headings are for convenience only and shall not affect the interpretation of these Terms.

28.6 Survival

The provisions regarding dispute resolution, arbitration, class action waiver, mass action waiver, jury trial waiver, limitation of liability, indemnification, intellectual property, payment obligations, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

28.7 Notices to You

We may provide notices to you by email (to the address associated with your account), by posting on the Website, or by any other reasonable means.

28.8 Notices to the Company

To give us formal notice under these Terms (including any Notice of Dispute under Section 21.3), you must contact us by personal delivery, overnight courier, or registered or certified mail to the address listed in Section 29.

  • Notices provided by personal delivery will be effective immediately upon receipt;
  • Notices provided by overnight courier will be effective one (1) business day after they are sent;
  • Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

Notices sent by email, social media, or any informal channel do not constitute formal notice under these Terms. We may update the notice address by posting an updated address on the Website.

29. CONTACT INFORMATION

Questions about these Terms should be sent to:

LKS LLC d/b/a Chinology 33 North Gould Street Sheridan, WY 82801 United States Email: info@us-chinology.com

By using us-chinology.com or purchasing any Chinology Product, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Sale and Use.