Terms and Conditions

This Agreement was last modified on 18 February 2016.

Welcome to Project KE LLC’s website, www.projectke.com. Project KE LLC (“Project KE”) provides services (“Project KE Services”) to you subject to the notices, terms, and conditions set forth in this agreement.

By using Project KE Services, you agree to these conditions. Please read them carefully.

POLICIES Please review all of our Policies posted on the Project KE privacy policy page (www.shop.projectke.com/privacy-policy). These Policies govern your use of Project KE Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PRIVACY Please review our Privacy Notice, which also governs your use of Project KE Services, to understand our practices. Our Privacy Policy is available at https://shop.projectke.com/privacy-policy.

ELECTRONIC COMMUNICATIONS When you use any Project KE Service or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, or notices and messages on this site. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT All content included in or made available through any Project KE Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Project KE or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Project KE Service is the exclusive property of Project KE and is protected by U.S. and international copyright laws.

TRADEMARKS PROJECT KE, PROJECTKE.COM, and the PROJECT KE logo are registered trademarks of Project KE LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Project KE Service are trademarks or trade dress of Project KE in the U.S. and other countries. Project KE’s trademarks and trade dress may not be used in connection with any product or service that is not Project KE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Project KE. All other trademarks not owned by Project KE that appear in any Project KE Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Project KE.

LICENSE AND ACCESS Subject to your compliance with these Terms of Use, Project KE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Project KE Services. This license does not include any resale or commercial use of any Project KE Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Project KE Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Project KE or its licensors, suppliers, publishers, rightsholders, or other content providers. No Project KE Service, nor any part of any Project KE Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Project KE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Project KE without express written consent. You may not use any meta tags or any other “hidden text” utilizing Project KE’s name or trademarks without the express written consent of Project KE. You may not misuse the Project KE Services. You may use the Project KE Services only as permitted by law. The licenses granted by Project KE terminate if you do not comply with these Terms of Use.

YOUR ACCOUNT If you use any Project KE Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Project KE does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Project KE Services only with the involvement of a parent or guardian. Project KE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

TERMINATION AND EFFECT OF TERMINATION In addition to any other legal or equitable remedies, Project KE may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site, and Project KE shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

RISK OF LOSS All items purchased from Project KE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE Project KE does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Project KE does not take title to the refunded item.

PRODUCT DESCRIPTIONS Project KE attempts to be as accurate as possible. However, Project KE does not warrant that product descriptions or other content of any Project KE Service is accurate, complete, reliable, current, or error-free. If a product offered by Project KE is not as described, your sole remedy is to return it in unused condition.

PRODUCT PRICING In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Project KE shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If your credit card has already been charged for the purchase, and your order is canceled, your payment method will be refunded in the amount of the charge.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROJECT KE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PROJECT KE SERVICES ARE PROVIDED BY PROJECT KE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PROJECT KE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROJECT KE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PROJECT KE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROJECT KE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROJECT KE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROJECT KE DOES NOT WARRANT THAT PROJECT KE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PROJECT KE SERVICES, PROJECT KE’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM PROJECT KE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROJECT KE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PROJECT KE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PROJECT KE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES If a dispute should arise between you and Project KE, we want to provide you with a resolution that is efficient and cost-effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at [email protected].

If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW By using any Project KE Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Project KE.

OUR ADDRESS Project KE LLC 36-12 Main St Flushing, NY 11354 https://www.projectke.com

COPYRIGHT INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.

Please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the site.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your complaint to:

[email protected]