Kitsbow LLC and our affiliates, (collectively, “we,” or “us”) recognize the importance of our customers’ privacy, and take a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for information collected through the mail, events, and Kitsbow.com (collectively, the “Kitsbow Services”).
Kitsbow believes in protecting the privacy of its customers (“you”). The purpose of this Privacy & Terms is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information.
If you have any questions or concerns about the privacy or security of your information, you may contact us using the contact information provided on our “Contact Us” section.
Session Analytics Information. We may automatically collect non-personally identifiable information about you or your activity on our Site or about your hardware devices (i.e., your computer or mobile device) when you access the Kitsbow Services.
We may collect and store any identifiable information that you choose to provide in connection with your use of the Kitsbow Services. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address) in order to provide the products and services you request from us.
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you emails. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.
We use your shipping address to ship your products to you and to send other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below.
We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:
Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
Marketing Partners: The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. This information may also be shared with our third party service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you. If you prefer that we do not share your name and address with other marketers, please email us at email@example.com.
In addition to logging in to your account on Kitsbow.com, you have the following options for changing and modifying information previously provided. You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
1. You may send an email using our contact form.
2. You may send mail to the following address: Kitsbow Customer Service, 179 H St, Petaluma CA, 94952 USA.
3. You may call the following telephone number: 1-415-448-5246.
4. In commercial emails that we send you, you may use the “opt out” or “unsubscribe” option included in the email itself.
We want you to feel confident about using and making purchases through the Kitsbow Services, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.
We do not sell merchandise for purchase by children via the Kitsbow Services. If you are under 18, you may use the Kitsbow Services only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways
1. You may send an email using our contact form.
2. You may send mail to the following address: Kitsbow Customer Service, 179 H St. 179 H St. Petaluma, California 94952
EFFECTIVE DATE: October 1, 2012
Welcome to Kitsbow.com (the “Kitsbow Electronic Platforms”). The Kitsbow Electronic Platforms are hosted by Kitsbow, Inc. and its affiliates (collectively, “Kitsbow,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Kitsbow Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
Kitsbow does sell products for children, but it does not sell products to children. Kitsbow only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Kitsbow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Kitsbow believes that user conduct violates applicable law or is harmful to the interests of Kitsbow or its affiliates.
Kitsbow® is a registered trademark of Kitsbow, Inc. in the United States and other countries. 3M®, registered trademark of 3M Corp; Bluesign®, registered trademark of Bluesign Technologies AG; Cordura®, registered trademark of INVISTA; Facebook®, registered trademark of Facebook, Inc.; Twitter®, registered trademark of Twitter, Inc.; YouTube®, registered trademark of Google Inc.; Velcro®, registered trademark of Velcro Industries B.V.; and YKK®, registered trademark of YKK Corp.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Kitsbow or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Kitsbow or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Kitsbow Electronic Platforms confers on you any license or right under any patent or trademark of Kitsbow or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Kitsbow Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Kitsbow or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Kitsbow Electronic Platforms for any purposes. Nothing stated or implied on the Kitsbow Electronic Platforms confers on you any license or right under any copyright of Kitsbow or any third party.
The Kitsbow Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Kitsbow Electronic Platforms, or use the contents of the Kitsbow Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Kitsbow or its lawful successors and assigns. For usage permission, contact us.
Kitsbow grants you a limited license to access and make personal use of the Kitsbow Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Kitsbow. This license does not include any resale or commercial use of the Kitsbow Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Kitsbow Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Kitsbow Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kitsbow. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kitsbow and our affiliates without express written consent. You may not use meta tags or any other hidden text using Kitsbow’s name or trademarks without the express written consent of Kitsbow. Any unauthorized use terminates the permission or license granted by Kitsbow.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Kitsbow so long as the link does not portray Kitsbow or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Kitsbow logo or other proprietary graphic or trademark as part of the link without express written permission.
The Kitsbow Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Kitsbow (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Kitsbow to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Kitsbow Electronic Platforms. Kitsbow IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Kitsbow Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Kitsbow. As a condition of your use of the Kitsbow Electronic Platforms, you warrant that you will not use the Kitsbow Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Kitsbow Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Kitsbow or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the Kitsbow Electronic Platforms, you agree not to violate or attempt to violate the security of the Kitsbow Electronic Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Kitsbow Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or services,
and Forging any TCP/IP packet header or any part of the header information in any email or posting.
All products purchased from the Kitsbow Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Kitsbow. Title to products purchased on the Kitsbow Electronic Platforms, as well as the risk of loss for such products, passes to you when Kitsbow delivers these items to the carrier.
Kitsbow attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Kitsbow Electronic Platforms are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Kitsbow Electronic Platforms are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the Kitsbow Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
We guarantee our products. If you are not satisfied with one of our products when you receive it, or if for some reason your Kitsbow product stops living up to your expectations, you may return it to us for a refund, repair or replacement per the terms of our warranty. Crash damage or normal wear and tear will be repaired or replaced for a reasonable charge.
THE KITSBOW ELECTRONIC PLATFORMS ARE PROVIDED BY KITSBOW ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITSBOW MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KITSBOW ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE KITSBOW ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE KITSBOW ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE KITSBOW ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE KITSBOW ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE KITSBOW ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE KITSBOW ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KITSBOW ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITSBOW DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL KITSBOW, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KITSBOW ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE KITSBOW ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE KITSBOW ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO KITSBOW THROUGH THE KITSBOW ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Kitsbow or to products you purchase through Kitsbow shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Kitsbow’s intellectual property rights, Kitsbow may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Kitsbow and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Kitsbow arising out of or relating to your use of the Kitsbow Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
We may discontinue the Kitsbow Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Kitsbow Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Kitsbow Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kitsbow as a result of this Agreement or your use of the Kitsbow Electronic Platforms. Nothing contained in this Agreement is in derogation of Kitsbow’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Kitsbow Electronic Platforms or information provided to or gathered by Kitsbow with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Kitsbow to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Kitsbow Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Kitsbow and you regarding the Kitsbow Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Kitsbow’s headquarters are located in the United States, and the Kitsbow Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Kitsbow Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Kitsbow Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.
EFFECTIVE DATE: July 11, 2017
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