These terms and conditions and all other legal documents incorporated by reference (collectively, the “Terms”) are a legal contract between “you” and KaseyLem and our brands, affiliates, and subsidiaries, including KaseyLem, KaseyLem, and KaseyLem, (collectively “Company,” “we,” “our,” or “us”) with respect to access to and use of our associated internet properties (including without limitation https://kaseylem.store, https://kaseylem.store, https://kaseylem.store, https://kaseylem.store, https://kaseylem.store) as linked and offered by us, our subsidiaries and/or affiliated companies, and govern your use of all the text, data, information, software, graphics, photographs, audio, video, content, materials, brochures, identifying marks, and more contained therein (all of which we refer to as our “Content”) that we and our affiliates may make available to you, as well as any services (“Services”) we may provide through any of our websites (all of which are referred to in these Terms, collectively, as the “Site”).
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS GOVERN YOUR USE OF THIS SITE. BY AGREEING TO THESE TERMS OR ACCESSING, VIEWING, BROWSING, VISITING, REGISTERING IN, OR USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights under these Terms and with respect to disputes you may have with the Company. You may opt out of the binding individual arbitration and class action waiver as provided below.
Changes.
The Company may make changes to the content and Services offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. We will ask for your express consent to the updated terms when and where we are legally required to do so. By using this Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Privacy Policy.
Please review the Privacy Policy for this Site, which is available at https://kaseylem.store (the “Privacy Policy”) which explains how we use information that you submit to the Company. The Privacy Policy is hereby incorporated by reference.
General Use.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 16 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 16 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
Subject to these Terms, we authorize you to view and use the information and other Content provided at or through this Site only for your personal, non-commercial use, provided that you retain all copyright, trademark and other proprietary notices contained in the original Content and on any copies of our Content. You are not authorized to modify and/or create derivative works of our Content. You may not, without the prior written permission of Company, “mirror” any material or Content contained on this Site on any other server.
We reserve the right to terminate or modify the Site in whole or in part, in any manner in our sole discretion, without notice. To the extent permitted by law, we will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Site to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Site.
Access to the Site.
You can visit, view and access our Site without creating an account or logging in. Some features (like ratings and reviews) may require you providing certain information (such as your name and email).
We may offer certain Content, services or features on a restricted basis (our password-restricted areas of the Site). In the event we require you to register with the Company for an account and receive a password, we will require certain information from you. Please refer to our Privacy Policy for the information we may require from you.
Once you have submitted your account registration information, the Company administrator shall have the right to approve or reject the requested registration, in the Company administrator’s sole discretion. If your account is approved by the Company administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your “Password”, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify the Company if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
We do not charge for access to the Site or sell products or services through the Site. Nevertheless, in the event we offer any payable products, services or features, if applicable, you agree to pay all fees or charges to your account based on the Company’s fees, charges, and billing terms in effect as shown on the payment page available on the Site at the moment of purchase. If you do not pay on time or if the Company cannot charge your credit card, PayPal or other payment method for any reason, the Company reserves the right to either suspend or terminate your access to the payable features of the Site and terminate these Terms. You are expressly agreeing that, if applicable, the Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Our Ownership and our IP
You acknowledge and agree that the content and materials displayed on or through this Site, including without limitation all our Content (such as information, data, text, software, photographs, graphics, video, audio, content, product information, news and press releases, brochures, spec sheets, and/or other materials) is copyrighted by us or our licensors under United States of America and international copyright laws. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content, including the Site itself. Our Copyrights: ‘©KaseyLem. All rights reserved’.
The Company logos, brands, and certain other words and logos displayed on this Site and which may or may not be designated on this Site by “TM” “®” “SM” or other similar designations, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Company or other entities. You are not authorized to use any such Marks without our prior written consent. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material or any trademark is strictly prohibited without the express written consent of the copyright owner or license. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or to our Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
USER SUBMISSIONS.
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Service, and including any information you submit to us, collectively “User Submissions”, some of which may be accessible and viewable by the public.
With respect to User Submissions provided by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.
We do not claim ownership to User Submissions. However, by providing or posting User Submissions, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Service.
We may refuse, alter, or remove a User Submissions without notice for any reason at Company’s sole discretion, including our belief that a User Submissions may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Submissions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Submissions posted on the Service, at any time and for any reason, without notice, including to ensure that all such User Submissions complies with these Terms. We do not endorse any User Submissions and the User Submissions posted does not reflect our opinions, views or advice. You are solely responsible for your User Submissions and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Submissions. We take no responsibility and assume no liability for any User Submissions that you or any other user or third-party posts or sends on or through the Service, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Company shall have no obligation to maintain any User Submission after termination of the Service.
Notwithstanding our rules with regard to User Submissions, you may be exposed to content on the Service that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Submissions on the Service, whether or not it violates our Terms.
If and to the extent that we elect to accept User Submissions, please choose carefully the information you post on the Service and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Service, and to the extent that the law permits, you release us from any claims or liability related to any User Submissions posted on the Service and from any claims related to the conduct of any other users.
If you are a California resident, you waive California Civil Code § 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Infringement
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to the Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances, if applicable, the account of any user who uses the Site in violation of someone’s intellectual property rights.
Unauthorized Activities.
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything clearly false or misleading.
- Post anything unrelated to our business, products or services.
- Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to suspend or terminate access, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Links to Other Sites
This Site may provide links to third-party websites or resources and contain third-party advertisements. We may also offer certain services provided by our business partners through this Site. You agree and understand that such third-party websites or resources are subject to their own privacy policies and terms of use, that you are subject to those legal terms, and that we have no control over such websites and resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. To the extent permitted by applicable law, we take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
To the fullest extent permitted by applicable law, you and KaseyLem agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating in any way to these Terms or your use of the Site (collectively, “Disputes”) through final and binding arbitration or small claims court instead of in courts of general jurisdiction. This agreement to arbitrate Disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, or any other legal or equitable theory.
You and KaseyLem agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you agree to give up the ability to participate in a class action.
You may opt out of this agreement to arbitrate by notifying us in writing within 30 days of the date you first accepted these Terms. Your written notice must include your name, address, and a clear statement that you want to opt out of arbitration. You must send your opt-out notice to: KaseyLem Legal Department, 6399 Morning Star Dr, The Colony, TX 75056, United States.
If you do not opt out, you are agreeing to the binding arbitration terms in this section.
Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Upon termination, these Terms will remain in effect to the extent necessary to enforce any rights or obligations accrued prior to termination.
Disclaimer of Warranties
The Site and all materials and content available through it are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
We do not make any warranties or representations regarding the use of the materials or content in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall KaseyLem, its affiliates, officers, directors, employees, agents, licensors or service providers be liable for any indirect, special, incidental, consequential or punitive damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with your use of the Site.
Our total liability to you for all claims arising out of or relating to these Terms or your use of the Site, regardless of the form of the action, shall not exceed the greater of $100 or the amount you paid to us, if any, in the past 12 months.
Miscellaneous
These Terms constitute the entire agreement between you and KaseyLem relating to the use of the Site and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the Terms will otherwise remain in full force and effect.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any such assignment or transfer in violation of this provision shall be null and void.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.