Terms & Privacy Policy
Welcome to Keppinger Creative! The Keppinger Creative Website, Services and Products are provided by Keppinger Creative, LLC (“Keppinger Creative,” “We,” “Our,” “Us,” or the “Company). These Terms and Conditions (“Terms”) govern (“You,” “Your(s),” and “User”) access to and use of www.keppingercreative.com (the “Website”), all of Keppinger Creative’s social media sites, and all Products sold or provided by KeppingerCreative.
Agreement: By using our website, social media sites, or electronic newsletter, You agree that these terms form a contract entered into by electronic communications without necessity of a physical document and original handwritten signature between You and KeppingerCreative. Please read these Terms carefully, as they may have changed since your last visit.
You may not purchase the products, use our services, or accept these terms if You are not of legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to such company or entity).
Changes to these Terms: We reserve the right to add to, discontinue, or revise these Terms or any aspect, mode, design, or service provided at any time. We will send notice via email to customers that continue to use our Services. We highly recommend You read any amendments carefully. Unless explicit consent is required by law, we have the right to assume that You have accepted the change to the Terms, unless You notify us to the contrary, no later than twenty-one (21) days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from our Services. If You do not agree with any of the changes, You must discontinue to using any and all KeppingerCreative Services. We will post the most current Terms on the Website. You hereby agree that Keppinger Creative shall not be liable to You, Your employees, or any other third party for any amendments to the Terms.
Products and Services: We provide paper goods including greeting cards, gift totes and stickers (“Products,” or “Services”). To the best of Our knowledge, all photographs and other creative works are original works that do not infringe upon any other’s rights.
Electronic Newsletter: You may subscribe to our Electronic Newsletter, through the appropriate links on the Website. This Electronic Newsletter is sent out via email and frequency is subject to change at any moment. In this process, We may share Your contact information (including name and email) with Squarespace, Our website hosting provider. You can unsubscribe from our Electronic Newsletter at any time, by using a link at the bottom of the email containing the Electronic Newsletter.
Termination: We may terminate any User’s Customer Account or access to our Website, social media, electronic newsletter, or Services at any time, for any or no reason, without prior written notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to You or any third party for any termination of Your access to our Website or Services.
Analytics & Data: This Website is hosted by Squarespace. Squarespace collects personal data when you visit this website in order to power certain analytics and make the Website functional. The data collected includes:
· Information about your browser, network, and device
· Websites You visited prior to coming to this Website
· Your IP address
This information may also include details about your use of this Website, including:
· Clicks
· Internal links
· Websites visited
· Scrolling
· Searches
· Timestamps
We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity. Squarespace needs the data to run this Website and improve its platform and services. Squarespace analyzes the data in a de-personalized form.
Cookies & Data: This Website also uses cookies and similar technologies. For information about viewing the cookies dropped on your device, visit Squarespace’s cookie guide. Certain functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this Website to you. Certain analytics and performance cookies are used on this Website only when you acknowledge our cookie banner. We use analytics cookies to view site traffic, activity, and other data.
This Website uses font files from Google Fonts and Adobe Fonts. To properly display this site to You, servers where the font files are stored may receive personal information about you including:
· Information about Your browser, network, or device
· Your IP address
Third Party Links: Sometimes Our Website, social media sites, or Electronic Newsletter may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply endorsement, warranty, or guarantee by Us of any such linked website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products, or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of Your actions or the actions of any User associated with Your Customer Account, offering to accept or having accepted any products or services that are available from those sites.
Intellectual Property Rights: Unless otherwise noted, all content contained on KeppingerCreative’s Website, social media sites, and newsletter is the property of KeppingerCreative and its affiliates or exclusive licensor(s), and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
Products are provided to You for Your use and enjoyment and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, content, Products, marks, logos, site design, and technology. Using the Website and Services, or purchasing Our Products does not give You any ownership of or right in or to any those Products, content, marks, logos, site design, or technology.
Upon Your purchase of Products, We grant You a non-exclusive, non-transferable, revocable, limited license to use the Products in accordance with these Terms and any applicable U.S. copyright laws. This limited license is subject to full payment of any invoices when due.
You must only use Our Products for lawful purposes, and You must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Products or Services. In using any of Our Products or Services, You agree and acknowledge that You are prohibited from: copying, reproducing, modifying, distributing, re-posting, commercially exploiting, or improperly using any content of Our Services or Products. You also acknowledge and agree that You will not disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through Our Services or affiliated or linked sites; or interfere with any other party’s use or enjoyment of the Services or Products.
Linking or Sharing: While We encourage the linking and sharing of Our Website, We do not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content i) that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; ii) that may be damaging or detrimental to the activities, operations, credibility or integrity of Keppinger Creative; or iii) that contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
We reserve the right to prohibit or refuse to accept any link to the Products or Services, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link You may have to the Product or Services upon Our request.
The framing, mirroring of the Product, Services, Website or any of its content in any form and by any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, this Website and any of its content.
Customer Accounts & Visitor Checkout: If You create a Customer Account, or purchase something on this Website, We collect personal information to fulfill the order and improve the checkout experience and Our customer service. This information may include Your:
· Billing and shipping addresses
· Details about your orders (what you ordered, quantity, cost)
· Email address
· Name
· Phone number
In addition, as You go through checkout, this Website may auto-complete Your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve Your checkout experience. We share this information with Squarespace, Our website hosting provider, so they can provide website services to Us.
Order and Account Emails: We may email You with messages about Your order or account activity. For example, We may email You to tell You that:
· You’ve created a Customer Account
· Your Customer Account password has been reset or updated
· You’ve made a purchase
· Your order has shipped
It is not possible to unsubscribe from these messages. We share Your contact information with Squarespace, Our website hosting provider, so they can send these emails to You on Our behalf.
Abandoned Cart Emails: You may receive an automated email within 24 hours after You abandon Your shopping cart, if all the following occur:
1. You enter Your email address at checkout, or are logged into your Customer Account.
2. You add a product which is in stock to Your shopping cart.
3. You close Your browser or leave this website without completing Your purchase.
You can unsubscribe from these Abandoned Cart Emails by using the link at the bottom of such email.
Shipping & Risk of Loss: Shipping and handling fees will be shown before You complete Your purchase. Shipping dates and/or arrival times are only estimates. For loss/damage claims, You must notify Us within 30 days of the date of Your purchase if You believe all or part of Your order is missing or damaged.
Replacement of packages or credits to You for shipped Products claimed as not received are subject to Our investigation, which may include postal-service notification. We will adjust Your Customer Account at Our discretion. Repeated claims of undelivered Products may result in the termination of Our Services to You.
Security: When You create a Customer Account on Our Website, You may be required to establish a login identifier and a password. You are responsible for maintaining the confidentiality of this information and protecting Your login and password from unauthorized use, and You are responsible for all activity that occurs on Your Customer Account (including without limitation financial obligations). We are not responsible for losses or damage caused by Your failure to safeguard Your login and password.
User Conduct: You must only use the Services for lawful purposes, and You must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Services. In using any Services, You expressly acknowledge You are prohibited from, and agree that You will not without our prior express written consent:
a) copy, reproduce, or improperly use, post or access any content of Our Services;
b) modify, distribute, or re-post any content on Our Services for any purpose;
c) use the content of Our Services for any commercial exploitation whatsoever;
d) disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through Our Services or affiliated or linked sites;
e) in any way damage, disable, overburden, impair, and/or interfere with any other party’s use or enjoyment of the Services;
f) harms or attempts to harm minors in any way;
g) create or use a false identity on Our Website, share Your Customer Account information, use another individual’s Customer Account information, or allow any person besides Yourself to use Your Customer Account to access Our Services
User Responsibility: You agree that You are solely responsible for any breach of Your obligations under the Terms, and for the consequences of any such breach. We have no obligation to You or to any third-party for such breaches or the consequences of such breaches (including losses or damage that we may incur).
Force Majeure: No party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of a Force Majeure Event. A Force Majeure Event shall mean any causes beyond a party’s reasonable control, including labor disputes, civil commotion, war, riots, fires, floods, earthquakes. inclement weather, governmental regulations or controls, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, casualty, strikes, the unavailability of labor or materials to the extent beyond the control of the party affected, embargoes, civil strife, acts of terrorism, or acts of God, in addition to any and all other events, regardless of their dissimilarity to the foregoing, deemed to render performance of the Agreement impracticable or impossible under the law, in which event the non-performing party shall be excused from its obligations for the period of the delay. If performance is delayed over thirty (30) days due to a Force Majeure Event, A1 Fit may terminate this Agreement upon notice or You may cancel Your Services.
Disclaimer of Warranties: YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, ELECTRONIC NEWSLETTER, CONTENT, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE FREE OF DEFECTS, UNINTERRUPTED, OR ERROR-FREE.
YOU WILL NOT HOLD KEPPINGERCREATIVE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THIS WEBSITE, OUR SERVICES, OR PRODUCTS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITE MAY BE AVAILABLE THROUGH OTHERS' WARRANTIES, THOUGH NOT THROUGH KEPPINGERCREATIVE; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
Limitation of Liability: IN NO EVENT SHALL KEPPINGERCREATIVE OR ITS MEMBERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, OR AFFILIATES BE LIABLE TO YOU, ANY USER OF THIS WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR THE ELECTRONIC NEWSLETTER OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE KEPPINGERCREATIVE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO KEPPINGERCREATIVE FOR THOSE PRODUCTS OR SERVICES.
Indemnification: BY USING THIS WEBSITE, OUR SERVICES, PRODUCTS, SOCIAL MEDIA SITES, OR ELECTRONIC NEWSLETTER, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND KEPPINGERCREATIVE FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY FROM A CLAIM BY A THIRD PARTY THAT ARISES IN CONNECTION WITH USE OF THIS WEBSITE, SERVICES, PRODUCTS, SOCIAL MEDIA SITES, OR ELECTRONIC NEWSLETTER BY YOU OR ANY OTHER PERSON USING YOUR CUSTOMER ACCOUNT OR RECEIVING SERVICES.
Governing Law & Venue: The formation, construction, performance and enforcement of these Terms and Conditions shall be in accordance with the laws of the United States and the state of Oregon without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In all circumstances, the parties specifically consent to the local, state and federal courts located in the state of Oregon.
Dispute Resolution & Arbitration: In the event of a dispute arising out the Services, You agree to attempt to resolve any dispute by negotiation with Us as quickly as possible. To this effect, You and KeppingerCreative shall consult and negotiate with each other, in good faith and understanding of our mutual interests, to reach a just and equitable solution satisfactory to both parties. If we are unable to resolve the dispute through negotiation, either party may commence mediation through the American Arbitration Association, or other forum mutually agreed upon before pursuing arbitration. In the case of mediation, each party may propose the names of three (3) mediators for consideration. If the parties are unable to agree to a mediator from these submissions, the parties will each chose a mediator from their respective list, upon which said mediators will confer and chose the actual mediator for the mediation. The mediators’ fees shall be split evenly between parties; provided, however, that each party shall pay their own respective attorneys’ fees and costs. Any remaining disputes will be handled in a court in Oregon.
Severability: If any part of these Terms and Conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, such part will be severed from these Terms and Conditions and the remainder will continue to be valid and enforceable to the fullest extent permitted by law.
Headings: The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms and Conditions.
Assignment & Delegation: You may not, without Our prior written consent, assign or delegate these Terms, in whole or in part, either voluntarily or by operation of law. Any attempt to assign rights or delegate duties of the Terms without Our prior written consent will be a material default of the Terms and such assignment or delegation shall be void. We may assign the Terms to a third party at any time in our sole discretion. The Terms will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
Waiver: No waiver of any provision of these Terms by Us shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the managing member of KeppingerCreative in order to be effective.
Survival of Agreement: The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein.