Overview
This website is operated by Designs By Kennedy®. Throughout the site, the terms “we”, “us” and “our” refer to Designs By Kennedy®. Designs By Kennedy® offers this website, including all products, information, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated within this document.
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”, “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 (blog posts and/or product reviews).
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 of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website store shall also be subject to the 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 this page. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our website following the posting of any changes constitutes acceptance of those changes.
Our website store is an online e-commerce platform that allows us to sell our products and services to you.
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 our website,
use of our website access to the site content or any contact on the website
through which access is provided, without express written permission by us.
Pricing Policy
Prices are subject to change without notice. We reserve the right to correct photographic, descriptive, typographic, or pricing errors and to limit quantities.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer 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 anytime without notice, at the sole discretion of Designs By Kennedy®. 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.
Limitation of Liability, Venue, and Severability
Neither Designs By Kennedy® nor its vendors or content providers are responsible or liable to any person or entity for any direct or indirect loss, damage, injury, claim or liability of any kind or character whatsoever based upon or resulting from any information provided on this website or from the use of, or the inability to use materials found on this website. You specifically agree that Designs By Kennedy® is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Designs By Kennedy® website, any materials on this site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Designs By Kennedy® site. You agree to bring any claims against Designs By Kennedy® exclusively in either state or federal courts located in the State of Arkansas. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Secure Site Information
How does it all really work?
- Starting with your order, all data submitted via the checkout form is encrypted using TLS (Transport Layer Security) encryption.
- Making a Positive ID. After you’ve selected items to purchase, you’ll be prompted to continue your order by clicking on “Place Your Order” or “Place Order.” At this point, your browser looks for a “site certificate” to confirm that it is communicating with Designs By Kennedy®. Once a positive ID is made, your order continues.
- Entering “Secure Mode.” At this point, your computer and our server begin communicating in secure mode, sending data back and forth within an encrypted format. We are ready to ask you for your credit card information. The encryption features of browser software are exceptionally powerful and ensure the security of this data as it is transmitted to our server.
How can you tell if you are site secure?
The standard, unsecured website URL address begins “http://”. When utilizing secure mode, the beginning of a website URL address will change to “https://”; the “s” stands for secure.
Terms and Conditions of Use of This Website
This website is operated and controlled by Designs By Kennedy®, whose office is located at 16418 N Hwy 94, Pea Ridge, Arkansas U.S.A. 72751. Our email address is info@designsbykennedy.com. The following Terms and Conditions of Use of This website (hereinafter referred to as the “Terms of Use”), and the resulting agreement shall be governed by and shall be construed in accordance with the laws of the State of Arkansas the principal place of business of Designs By Kennedy. These Terms of Use constitute an agreement between you as a site user and Designs By Kennedy® and is effective, until terminated by Designs By Kennedy® at any time, without notice. Designs By Kennedy® may terminate your right to use this site immediately without notice to you if, we determine in our sole discretion, that you have failed to comply with any of these Terms of Use. These Terms of Use constitute the entire agreement between you and Designs By Kennedy® relating to the subject matter contained herein.
Designs By Kennedy® reserves the right to restrict, control and/or limit the areas we market our products and services. Currently, this area is restricted to the 50 United States of America. We reserve the right to change the marketing area for our products and services at any time.
Copyrighted Material and Trademarks
All materials on this site, including, without limitation, the written text, graphics, photographic images and/or illustrations, are protected by copyrights which are owned and/or controlled by Designs By Kennedy® (hereinafter referred to as “Designs By Kennedy®”), or by third parties who have licensed said materials to Designs By Kennedy®. The logos, trademarks, service marks and similar marks (collectively called “Trademarks”) which are displayed on this website are either the registered and/or unregistered trademarks of Designs By Kennedy®, or of third parties who have granted Designs By Kennedy® the right to use and display such Trademarks. Nothing in this site grants to you any license or right to use any copyrighted materials or Trademark displayed on this site without the written permission of the owner of such Trademark or copyrighted material. Your unauthorized use of copyrighted materials or Trademarks displayed on this site is strictly prohibited. Material from this site may not be copied, downloaded, uploaded, reproduced, transmitted or distributed in any way. The use of the materials found on this site for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights, Trademarks and other property rights owned or controlled by Designs By Kennedy®. The use of any such material on any other website or networked computer environment is prohibited.
Submission of Comments
If you submit certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, comments, reviews 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 or otherwise use in any medium any comments, submissions, creative ideas, suggestions, proposals, plans, reviews or other material that you forward to us. We are and shall be under no obligation (1) to maintain any comments, submissions, creative ideas, suggestions, proposals, plans, reviews or other material that you forward to us in any maner; (2) to pay compensation for any comments, submissions, creative ideas, suggestions, proposals, plans, reviews or other material you forward to us; or (3) to respond to any comments, submissions, creative ideas, suggestions, proposals, plans, reviews or other material you forward to us.
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 intellectual property 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 our website store or any related website. 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.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our website 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 or on any related website 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 or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Indemnification
You agree to indemnify, defend and hold harmless Designs By Kennedy® and our parent, subsidiaries, affiliates, partners, officers, directors, 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 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.
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).
Governing Law
These Terms of Service and any separate agreements whereby we provide you products and services shall be governed by and construed in accordance with the laws of the State of Arkansas, U.S.A.
Disclaimers
The materials in this site or any Linked Sites are provided “as is” and without warranties of any kind, either expressed or implied. Designs By Kennedy® disclaims all warranties, expressed or implied, including, but not limited to, fitness for a particular purpose. Designs By Kennedy® does not warrant that the materials displayed on this website will be accurate, reliable or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. Designs By Kennedy® further makes no representation that materials displayed on this site, including merchandise offered for sale on this site are appropriate or available for use in locations other than the United States.
Changes to Terms of Use
You can review the most current version of the Terms of Use 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 Use 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 Use constitutes acceptance of those changes.
Effective Date
This Terms of Use is effective as of September 1, 2019.