Terms and Conditions
OVERVIEW
This website is operated by Keys for Kids.
Throughout the site, the terms “we”, “us” and “our” refer to Keys for Kids.
Keys for Kids offers this website, including all information, tools and
Services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of Service. If you do
not agree to all the terms and conditions of this agreement, then you may
not access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify Inc. They provide us
with the online e-commerce platform that allows us to sell our products and
Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that
you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must
not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right to refuse Service to
anyone for any reason at any time.
You understand that your content
(not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the Service is provided, without
express written permission by us.
The headings used in this agreement
are included for convenience only and will not limit or otherwise affect
these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your
own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at
any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be
liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 -
PRODUCTS OR SERVICES (if applicable)
Certain products or
Services may be available exclusively online through the website. These
products or Services may have limited quantities and are subject to return
or exchange only according to Our
Refund Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that appear at
the store. We cannot guarantee that your computer monitor's display of any
color will be accurate.
We reserve the right, but are not obligated, to
limit the sales of our products or Services to any person, geographic region
or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or Services that
we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve
the right to discontinue any product at any time. Any offer for any product
or Service made on this site is void where prohibited.
We do not
warrant that the quality of any products, Services, information, or other
material purchased or obtained by you will meet your expectations, or that
any errors in the Service will be corrected.
SECTION 6 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you
as needed.
For more details, please review Our
Refund Policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and
agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you
of the optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new Services and/or
features through the website (including the release of new tools and
resources). Such new features and/or Services shall also be subject to these
Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may
include materials from third-parties.
Third-party links on this site
may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and
we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
Services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, Services, resources, content, or
any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make
sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us, you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e‑mail
address, pretend to be someone other than yourself, or otherwise mislead us
or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed
by our Privacy Policy, which can be viewed here: Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our
site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on
any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other websites,
or the Internet. We reserve the right to terminate your use of the Service
or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service
will be uninterrupted, timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the Service will be
accurate or reliable.
You agree that from time to time we may remove
the Service for indefinite periods of time or cancel the Service at any
time, without notice to you.
You expressly agree that your use of, or
inability to use, the Service is at your sole risk. The Service and all
products and Services delivered to you through the Service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Keys for
Kids, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, Service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the Service
or any products procured using the Service, or for any other claim related
in any way to your use of the Service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the Service or any content (or
product) posted, transmitted, or otherwise made available via the Service,
even if advised of their possibility. Because some states or jurisdictions
do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall
be limited to the maximum extent permitted by law.
SECTION
14 - INDEMNIFICATION
You agree to indemnify, defend and
hold harmless Keys for Kids and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, Service
providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service
or the documents they incorporate by reference, or your violation of any law
or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability
of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also 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; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 -
ENTIRE AGREEMENT
The failure of us to exercise or enforce
any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in respect to the
Service constitutes the entire agreement and understanding between you and
us and governs your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms
of Service constitutes acceptance of those changes.
SECTION
20 - CONTACT INFORMATION
Questions about the Terms of
Service should be sent to us at store@keysforkids.org
Our contact information is posted below:
Keys for Kids Ministries
2060
43rd St SE
Grand Rapids, MI 49508
(616) 647-4500