Terms of Service
EFFECTIVE DATE: January 3, 2019
Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, Kelken Enterprises (“Kelken Enterprises,” “We,” “Us,” “Our”) makes available a specialy golf golf on a retail basis (the “Service(s)”) in exchange for payment by You.
This Service is offered subject to your acceptance of these Terms of Service (“Terms”) as well as any relevant sections of the Kelken Enterprises Privacy Policy.
These Terms constitute the entire Agreement between You and Kelken Enterprises and govern Your use of the Website, and they supersede any prior agreements between You and Kelken Enterprises.
Please read these Terms carefully before using our Service.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that You:
- Have read these Terms,
- Understand these Terms, and
- Accept and agree to be bound by them.
If You disagree with these Terms, please do not use the Services or Our Website. If at any time You are not willing to be bound by these terms, you should, where applicable:
- Click the “I do not accept” or similar button, and
- Immediately cease and refrain from accessing or using the Services.
RETURNS
Kelken Enterprises wants You to be satisfied with your purchases from this Website. Eligible items may be returned to Kelken Enterprises in accordance with any Return Policy posted on this Website.
PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.
INTELLECTUAL PROPERTY
Property of Kelken Enterprises
The contents of the Services, including the Website and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Kelken Enterprises, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and any of Our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to You herein, these Terms do not grant You any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant You any right, license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
Site Content
We are committed to providing You with quality goods. However, there may be inadvertent technical or factual inaccuracies and typographical errors, including reference to product availability, product descriptions, pricing, and others, from time to time. Therefore, We reserve the right to change this site and make corrections at any time without notice.
In addition, it is impossible for Us to predict and otherwise account for changes across all product and service providers at all times. Certain products, goods, and services described on this site may not be available for purchase in or delivery to your region or jurisdiction.
No Warranties
Kelken Enterprises makes no warranties or representations of any kind regarding any third-party site to which you may be directed or hyperlinked from this Website. Hyperlinks are included for your convenience only, and Kelken Enterprises makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information, products, and/or services provided in such third-party sites. Similarly, we do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on this Website.
In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any testimonials, reviews, or other user opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that you will experience the same level of satisfaction.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
MISCELLANEOUS
Termination
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
You may terminate any account You establish via this Website at any time upon written notice to Us.
Amendments
We reserve the right to amend these Terms, including the Privacy Policy. We will endeavor to maintain prior versions of the Terms, if any.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and advertised on related Social Media accounts. We may, in the future, offer new and/or different services and/or features through Our Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Indemnity
You agree to defend, indemnify and hold Kelken Enterprises, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
You are solely responsible for the User Content and you hereby agree to indemnify and hold Kelken Enterprises and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Governing Law and Disputes
These Terms in all respects shall be governed by and construed according to the laws of the State of North Carolina. The venue for any dispute shall be in Harnett County, NC.
This Agreement is entered into in Harnett County, NC. You agree and consent to the exclusive jurisdiction and venue of the state of North Carolina and Harnett County, NC for any dispute arising from or related to this Agreement.