Last Update: October 11, 2017
By placing an order for products or services from the Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
We may make changes to these Terms at any time in our sole discretion. Any changes we make will be effective immediately when we post a revised version of these Terms. Please check the “Last Updated” date at the top of the page to determine when these Terms were last updated. Your continued use of the Site after that date, signifies your acceptance of the updated Terms.
Accessing the Site
We reserve the right to amend the Site or withdraw access, services or materials that are provided through the Site, in our sole discretion without notice. We will not be liable for any reason if, all or any part of the Site is unavailable for any period of time. Occasionally, we may restrict access to some parts of the Site, or the entire site, to users, including those with registered accounts.
Should you choose to use certain features of the Site by creating an account you agree that any user name, password or other piece of information you provide for security purposes is confidential information that you will not share with any other person or entity. You acknowledge that the account information you provide to us is for your sole use and not to be provided to other people or entities to access your account. You agree, that should you have any reason to believe your account security has been compromised in any way that you will notify us immediately of the potential breach in security.
Prices and Payment Terms
The prices displayed for our products that are available for purchase on the Site, represent the applicable retail prices, and do not include any taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. Products in your shopping cart reflect the current price for that item(s). This price may not reflect the price of the item when it was initially placed in your cart.
We strive to present the most accurate, recent and reliable information on the Site. However, at times there may be information that may include a typographical error, inaccurate information or omission that may relate to a certain product or service, concerning price, quantity, descriptions and availability. Any errors that may exist are unintentional and we reserve the right to change these errors and update information at any time without providing notice. Should the situation arise where a typographical error or any other type of error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. We reserve this right even if an order has been confirmed or a method of payment has been charged. Should an order be cancelled after a method of payment has been charged we will refund the amount that was charged.
By submitting an order through the Site, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges. Payment may be made by credit cards that we accept, or any other method that we make available to you. In order to make this payment, you must provide us with a valid credit card and/or other associated billing information and authorize us or any third party payment service provider engaged by us to charge your method of payment for all orders and services placed through the Site.
Returns, exchanges, refunds
Customer satisfaction is top priority at KICKSTOP™. If for any reason you are not happy with your order, please contact us at firstname.lastname@example.org within 30 days of your order.
Colors & Style
We make every effort to display the products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor’s display of any color or style will be accurate.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, audio and the design, selection and arrangements), are owned by KICKSTOP™, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement allows you to use and access the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any other material on our Site, without the express written consent of KICKSTOP™.
You must not access or use the Site for any commercial purposes other than the services or material provided through the Site.
Reliance on Information Posted
The information that is presented on or through our Site is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance placed on this information is strictly at your own risk. We disclaim all liability and responsibility that may arise from any reliance you placed on material viewed or accessed through the Site or by anyone who may have informed you of any of the Sites contents.
Links to Third Party Sites
The Site may contain links to other websites and resources outside of our control. These links are provided solely for your convenience. We have no control over the contents of these external websites or resources, and accept no responsibility for them or for any damage that may arise from your use of them. If you decide to access any of the third party links to websites outside this Site, you do so entirely at your own risk and subject to terms and conditions on their websites.
Access from Outside the U.S.
The Site is designed and intended for users based in the United States. We do not claim that the Site or any of its content meets legal requirements or is even accessible outside the United States. Any user(s) who choose to access the Site from outside the United States does so at their own risk and are responsible for complying with applicable local laws.
- Prevent or inhibit any other person from using the Site
- Use the Site for any unlawful purpose • Impersonate any person or entity, whether they be real of fictional
- Upload any content that contains a software virus, or any computer code, programs or files that may change, damage, or interrupt functionality of the Site or the hardware of any person who uses the Site
- Add, delete or alter any content on the Site or underlying source code
- Attempt to disrupt servers or networks that run the Site in any way
- Falsely claim a relationship, to represent, or any other association with the Site
- To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm KICKSTOP™ users of the Site or expose them to liability.
We are under no obligation to monitor the Site for any potential violations of our code of conduct or for potential violations of copyrights, but may from time to time review content posted on the Site from Users and remove content that in our sole discretion does not comply with these Terms.
DMCA Takedown Notice
If you believe that any User Generated Content on the Site violates your copyright, please refer to the below information. If you believe that any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to us. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyright material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Jeff King, President
1919 S. Post Road, Indianapolis, IN 46239
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide social media features that enable you to:
- Creates links from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
We may disable all or any social media features and any links at any time in our sole discretion without prior notice.
Violation of Terms
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. KICKSTOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER KICKSTOP™ NOR ANY PERSON ASSOCIATED WITH KICKSTOP™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER KICKSTOP™ NOR ANYONE ASSOCIATED WITH KICKSTOP™ REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT WILL KICKSTOP™, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
Any dispute or claim that relates in any way to your use of the Site, or services provided through the Site, will be resolved by binding arbitration instead of a court.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect. This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 1919 S. Post Road, Indianapolis, IN 46239. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. In no event will we pay attorney’s fees.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
KICKSTOP™ may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Site. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Site by others using your account.
No Third-party beneficiaries
These terms do not and are not intended to confer any rights or remedies upon any person other than you.
Waiver and Severability