Terms of Service

Terms of Service

OVERVIEW

This website is operated by Ken Ahbus LLC (“Ken Ahbus”). Throughout the site, the terms “we”, “us” and “our” refer to Ken Ahbus. Ken Ahbus offers this website (the “Site”, “Website” or “Store”) including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

 

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions contained herein, then you may not access the Website or use any of the Services. 

 

Any new features or tools which are added to the Service shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

  1. COPYRIGHT NOTICE

The Service and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright 2020 Ken Ahbus LLC. 


  1. TRADEMARKS NOTICE

Ken Ahbus and related names, names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. Ken Ahbus does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.


  1. PRIVACY POLICY

Please review our privacy policy which can be found here.


 

  1. ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent 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 state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

A breach or violation of any of the Terms may, in our sole discretion, result in an immediate termination of your right to use or access the Services.

 

Our Store is hosted on Shopify Inc. (“Shopify”) They provide us with the online e-commerce platform that allows us to sell our products and services to you. You acknowledge and agree that your use of our Site is also subject to all of Shopify’s terms and conditions, to the extent that they apply to our users. Please review Shopify’s terms at https://www.shopify.com/. 

 

  1. GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

 

 

  1. MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

  1. PRODUCTS OR SERVICES 

 

Some of our products or services may have limited quantities. All products purchased from us are subject to return or exchange only according to our Return Policy.

 

We have attempted to accurately display the colors and images of our products that appear on our Website. We do not guarantee that your monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  1. PAYMENT INFORMATION

 

When you make a purchase via our Service (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). 

 

  1. TAX, DELIVERY AND OTHER CHARGES

 

When you place an order with us, we will charge applicable sales tax, delivery charges, if any and any other applicable charges. We will provide you with notice of all such charges at the time that you place your order and prior to you confirming your intent to place the order. If you do not accept all such charges, please do not place your order.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

  1. OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge 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 liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

  1. THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

 

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the Service is governed by our Privacy Policy. 

 

  1. ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated.

  1. PROHIBITED USES

 

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, other websites, or the Internet. We reserve the right to terminate your use of the Service if we believe that you have violated these Terms of Service or engaged in any of the prohibited uses.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ken Ahbus and our parent, subsidiaries, affiliates and each of their respective partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Ken Ahbus is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of the Service or with respect to the material provided and/or contained in the Service.


Notwithstanding the above, in no event shall our total liability to you for any and all claims, damages, losses and causes of action exceed the amounts paid to us by you in connection with the transaction claimed by you to give rise to your claim.

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Ken Ahbus and our parent, subsidiaries, affiliates and each of their respective partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

  1. SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.

 

  1. ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

 

  1. CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

  1. CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at:

 

Ken Ahbus LLC

4699 Kittredge Street, Unit 1421

Denver CO 80239.

hey@kenahbus.com 


  1. INTELLECTUAL PROPERTY POLICY

To notify us of a suspected copyright infringement, write to us at:


Ken Ahbus LLC

4699 Kittredge Street, Unit 1421, Denver CO 80239.


Or send us an email at hey@kenahbus.com


Please include the following information with your communication:


  1. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. A description or identification of the copyrighted work you claim has been infringed.

  1. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.

  1. Your address, telephone number, and e-mail address.

  1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  1. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. We may terminate your account if you infringe third-party copyrights.


  1. CONSENT TO ELECTRONIC COMMUNICATION

When you visit the Site, chat with us (if applicable) or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat (if you initiate a chat session with us), email, or by posting a notice on the Site. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, providing an email address in a chat conversation, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or other information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including such personal information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.  

 

  1. GOVERNING LAW

 

These Terms of Use and all disputes arising hereunder or relating hereto or with respect to the Service shall be governed by the laws of the State of Colorado without regard to conflicts of laws principles. You and we agree that all questions, disputes, controversies or claims between us shall be submitted to binding arbitration in accordance with the terms of the Federal Arbitration Act. YOU HEREBY WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL. This agreement to arbitrate applies to, but is not limited to, all disputes regarding the construction or application of these Terms of Use, all claims arising under federal, state, or local statutory or common law, including, without limitation, claims of breach of promise[s], breach of contract or breach of the covenant of good faith and fair dealing, tort claims, sexual harassment claims and any and all other claims of illegality or breach of any right which you might hold against us, under this Privacy Policy or otherwise.

 

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in Denver, Colorado before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of Colorado, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by Colorado law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to us to provide the Service to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against us, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under these Terms. Any question regarding the enforceability or interpretation of this paragraph shall be decided by the arbitrator.