Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Keep it Fun, Inc. The
collective work includes works that are licensed to Keep it Fun, Inc. Copyright
2008, Keep it Fun, Inc. ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Keep it Fun, Inc. or purchasing Keep it Fun,
Inc. products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Keep it Fun, Inc. or to
purchase Keep it Fun, Inc. products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Keep it Fun, Inc. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Keep it Fun, Inc. used in the
site are trademarks or registered trademarks of Keep it Fun, Inc.
Customer Service
Keep It Fun will do whatever it takes to make your online shopping and active-apparel experience fun and trouble-free. If you have any questions or concerns about your order feel free to contact us at customerservice@keepitfun.net or 508-435-8574. Most Keep It Fun products ship within three business days. We will email you when your product ships and will not charge your credit card until we ship. If we expect to require more than one week, we will inform you. 2 Edgehill Rd Hopkinton, MA 07148
Returns / Refunds
Within 30 days, if for whatever reason you are not completely satisfied with your Keep It Fun purchase, you may contact us at customerservice@keepitfun.net or 508-435-8574 for return instructions. We only ask that your returned items be in original condition.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Keep it Fun, Inc.
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Keep it Fun, Inc. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Keep it Fun, Inc.
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Keep it Fun, Inc. shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Keep it Fun, Inc. has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Keep it Fun, Inc. product is mistakenly listed at an
incorrect price, Keep it Fun, Inc. reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Keep it Fun, Inc.
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Keep it Fun,
Inc. shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Keep it Fun, Inc. without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Keep it Fun, Inc. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Keep it Fun, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Massachusetts, U.S.A., without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Keep it Fun, Inc. products) shall
be in the state or federal courts located in Middlesex County, Massachusetts.
Any cause of action or claim you may have with respect to the site (including
but not limited to the purchase of Keep it Fun, Inc. products) must be
commenced within one (1) year after the claim or cause of action arises. Keep
it Fun, Inc.'s failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. Keep it
Fun, Inc. may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Keep it Fun, Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Keep it Fun, Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Keep it Fun, Inc. is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Keep it
Fun, Inc. reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Keep it Fun, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Keep it Fun, Inc., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Keep it Fun, Inc. may
link to sites operated by third parties. However, even if the third party is
affiliated with Keep it Fun, Inc., Keep it Fun, Inc. has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Keep it Fun, Inc.. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Keep
it Fun, Inc. seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
|