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Terms of service

OVERVIEW

This internet site is operated by means of kitgearable. Throughout the site, the terms “we”, “us” and “our” refer to kitgearable. kitgearable offers this website, along with all information, tools, and offerings accessible from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices referred to here.


By visiting our website and/ or purchasing something from us, you interact with our “Service” and agree to be sure by the following terms and conditions (“Terms of Service”, “Terms”), inclusive of these extra terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service observe all customers of the site, including without challenge customers who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service cautiously earlier than gaining access to or usage of our website. By getting access to or the use of any phase of the site, you agree to be sure through these Terms of Service. If you do now not agree to all the terms and conditions of this agreement, then you can also now not get the right of entry to the internet site or use any services. If these Terms of Service are regarded as an offer, acceptance is expressly confined to these Terms of Service.

Any new features or equipment which are introduced to the present day keep shall additionally be a challenge to the Terms of Service. You can assess the most modern-day model of the Terms of Service at any time on this page. We reserve the proper to update, alternate, or change any section of these Terms of Service by means of posting updates and/or adjustments to our website. It is your accountability to test this page periodically for changes. Your continued use of or access to the internet site following the posting of any modifications constitutes acceptance of these changes.

Our save is hosted on Shopify Inc. They grant us an online e-commerce platform that permits us to promote our merchandise and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you symbolize 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 nation or province of dwelling and you have given us your consent to permit any of your minor dependents to use this site.
You might also now not use our merchandise for any unlawful or unauthorized cause nor may additionally you, in the use of the Service, violate any legal guidelines in your jurisdiction (including however now not confined to copyright laws).
You need to no longer transmit any worms or viruses or any code of an adverse nature.
A breach or violation of any of the Terms will end result in an on-the-spot termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the proper to refuse to provide to every person for any purpose at any time.
You understand that your content material (not which include credit card information), may additionally be transferred unencrypted and contain (a) transmissions over quite a number of networks; and (b) adjustments to conform and adapt to the technical necessities of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree no longer to reproduce, duplicate, copy, sell, resell or make the most any element of the Service, use of the Service, or access to the Service or any contact on the website via which the carrier is provided, except specific wrote permission by using us.
The headings used in this agreement are protected for comfort solely and will no longer limit or otherwise have an effect on these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are now not accountable if facts made handy on this site are no longer accurate, complete, or current. The material on this site is supplied for general data solely and needs to now not be relied upon or used as the sole foundation for making decisions without consulting primary, greater accurate, extra complete, or greater well-timed sources of information. Any reliance on the fabric on this site is at your personal risk.
This website may additionally contain sure historic information. Historical information, necessarily, is now not contemporary and is furnished for your reference only. We reserve the proper to adjust the contents of this website at any time, however, we have no responsibility to replace any facts on our site. You agree that it is your duty to reveal modifications to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our merchandise are issue to change without notice.
We reserve the proper at any time to regulate or discontinue the Service (or any phase or content material thereof) barring observation at any time.
We shall no longer be responsible to you or to any third celebration for any modification, rate change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain merchandise or offerings may also be on hand solely online thru the website. These merchandise or offerings may also have constrained quantities and are subject to return or change solely according.
We have made each and every effort to show as precisely as viable the hues and images of our merchandise that show up at the store. We can't warranty that your pc monitor's show of any coloration will be accurate.
We reserve the proper however are now not obligated, to limit the income of our merchandise or Services to any person, geographic region, or jurisdiction. We can also work out this properly on a case-by-case basis. We reserve the proper to restrict the quantities of any merchandise or services that we offer. All descriptions of merchandise or product pricing are subject to alternate at any time besides notice, at the sole discretion of us. We reserve the proper to discontinue any product at any time. Any provide for any product or provider made on this website is void the place prohibited.
We do now not warrant that the high-quality of any products, services, information, or different material purchased or obtained through you will meet your expectations, or that any mistakes in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the proper to refuse any order you area with us. We may, in our sole discretion, restrict or cancel portions bought per person, per household, or per order. These restrictions may also include orders positioned by means of or underneath the same purchaser account, the equal savings card, and/or orders that use the equal billing and/or shipping address. In the match that we make a trade to or cancel an order, we can also strive to notify you through contacting the email and/or billing address/phone wide variety supplied at the time the order used to be made. We reserve the proper to restrict or restrict orders that, in our sole judgment, show up to be placed through dealers, resellers, or distributors.

You agree to supply current, complete, and correct purchase and account facts for all purchases made at our store. You agree to right now replace your account and different information, including your email address and savings card numbers, and expiration dates, so that we can whole your transactions and contact you as needed.

For greater detail, please overview our Returns & Refund Policy

SECTION 7 - OPTIONAL TOOLS
We might also grant you access to third-party tools over which we neither display nor have any manipulation nor input.
You are renowned 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 legal responsibility in any way arising from or concerning to your use of optional third-party tools.
Any use by using you of optional tools presented via the website is completely at your personal risk and discretion and you need to make sure that you are acquainted with and approve of the terms on which equipment is provided by using the applicable third-party provider(s).
We may also, in the future, provide new offerings and/or features thru the internet site (including, the launch of new tools and resources). Such new facets and/or offerings shall additionally be a problem to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and offerings available via our Service can also include materials from third parties.
Third-party hyperlinks on this website might also direct you to third-party websites that are no longer affiliated with us. We are now not accountable for inspecting or evaluating the content material or accuracy and we do no longer warrant and will no longer have any legal responsibility or accountability for any third-party substances or websites, or for any different materials, products, or offerings of third parties.
We are no longer responsible for any damage or damages associated with the buy or use of goods, services, resources, content, or any different transactions made in connection with any third-party websites. Please overview cautiously the third-party's policies and practices and make positive you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party merchandise have to be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send sure specific submissions (for instance contest entries) or beside a request from us you ship innovative ideas, suggestions, proposals, plans, or different materials, whether online, by means of email, by using postal mail, or in any other case (collectively, 'comments'), you agree that we may, at any time, besides restriction, edit, copy, publish, distribute, translate and in any other case use in any medium any comments that you ahead to us. We are and shall be below no obligation (1) to keep any feedback in confidence; (2) to pay compensation for any comments; or (3) to reply to any comments.
We may, however, have no duty to, monitor, edit or remove content material that we decide in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s mental property or these Terms of Service.
You agree that your comments will now not violate any proper of any third party, which includes copyright, trademark, privacy, personality, or different personal or proprietary rights. You in addition agree that your comments will now not include libelous or in any other case unlawful, abusive, or obscene material, or include any pc virus or other malware that ought to in any way have an effect on the operation of the Service or any associated website. You may also now not use a false e-mail address, pretend to be any person different than yourself, or in any other case lie to us or third events as to the starting place of any comments. You are totally accountable for any comments you make and their accuracy. We take no accountability and assume no legal responsibility for any comments posted by using you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal data thru the save is ruled by means of our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there can also be data on our site or in the Service that includes typographical errors, inaccuracies, or omissions that may also relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the proper to right any errors, inaccuracies, or omissions, and to exchange or replace facts or cancel orders if any facts in the Service or on any associated website are inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no responsibility to update, amend or make clear data in the Service or on any associated website, which includes except limitation, pricing information, without as required through law. No targeted replace or refresh date applied in the Service or on any associated website have to be taken to point out that all information in the Service or on any associated website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to different prohibitions as set forth in the Terms of Service, you are prohibited from the use of the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or take part in any illegal acts; (c) to violate any international, federal, provincial or country regulations, rules, laws, or nearby ordinances; (d) to infringe upon or violate our mental property rights or the mental property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate primarily based on gender, sexual orientation, religion, ethnicity, race, age, country wide origin, or disability; (f) to publish false or deceptive information; (g) to add or transmit viruses or any different kind of malicious code that will or may additionally be used in any way that will have an effect on the functionality or operation of the Service or of any associated website, different websites, or the Internet; (h) to acquire or tune the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to intervene with or circumvent the protection facets of the Service or any associated website, different websites, or the Internet. We reserve the proper to terminate your use of the Service or any associated 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 provider will be uninterrupted, timely, secure, or error-free.
We do now not warrant that the effects that might also be acquired from the use of the carrier will be correct or reliable.
You agree that from time to time we might also cast off the carrier for indefinite intervals of time or cancel the carrier at any time, besides note to you.
You expressly agree that your use of, or incapability to use, the service is at your sole risk. The provider and all merchandise and services delivered to you thru the carrier are (except as expressly cited with the aid of us) provided 'as is and 'as available for your use, besides any representation, warranties, or conditions of any kind, both express or implied, consisting of all implied warranties or conditions of merchantability, merchantable quality, health for a unique purpose, durability, title, and non-infringement.
In no case shall kitgearable, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, provider providers, or licensors be accountable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without issue lost profits, lost revenue, lost savings, loss of data, alternative costs, or any comparable damages, whether based totally in contract, tort (including negligence), strict legal responsibility or otherwise, arising from your use of any of the service or any merchandise procured the usage of the service, or for any different claim associated in any way to your use of the carrier or any product, including, however now not limited to, any errors or omissions in any content, or any loss or damage of any type incurred as a end result of the use of the provider or any content material (or product) posted, transmitted, or in any other case made accessible via the service, even if recommended of their possibility. Because some states or jurisdictions no longer permit the exclusion or the issue of legal responsibility for consequential or incidental damages, in such states or jurisdictions, our legal responsibility shall be restrained to the most extent accredited by way of law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, protect and keep harmless kitgearable and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, inclusive of reasonable attorneys’ fees, made by way of any third celebration due to or bobbing up out of your breach of these Terms of Service or the archives they incorporate by means of reference or your violation of any regulation or the rights of a third party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is decided to be unlawful, void, or unenforceable, such provision shall on the other hand be enforceable to the fullest extent permitted by using relevant law, and the unenforceable component shall be deemed to be severed from these Terms of Service, such willpower shall now not have an effect on the validity and enforceability of any different ultimate provisions.

SECTION 16 - TERMINATION
The tasks and liabilities of the events incurred prior to the termination date shall survive the termination of this settlement for all purposes.
These Terms of Service are effective unless and till terminated by means of both you and us. You may also terminate these Terms of Service at any time by way of notifying us that you no longer want to use our Services, or when you end the use of our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any time period or provision of these Terms of Service, we additionally may also terminate this settlement at any time without note and you will continue to be responsible for all amounts due up to and which includes the date of termination; and/or thus might also deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any proper or provision of these Terms of Service shall no longer constitute a waiver of such proper or provision.
These Terms of Service and any policies or running regulations posted with the aid of us on this website or in appreciate to The Service constitute the complete settlement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether or not oral or written, between you and us (including, however now not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall no longer be construed in opposition to the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we supply you Services shall be ruled via and construed in accordance with the legal guidelines of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can evaluate the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, exchange or change any section of these Terms of Service by means of posting updates and modifications to our website. It is your accountability to take a look at our website periodically for changes. Your continued use of or get entry to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of these changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service must be dispatched to us at 

​

support@kitgearable.com

 

845-816-2066

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176 McKee Rd, Rochester, NY 14611

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