Terms and Conditions
Welcome to Shoo-Kitty.com
www.shoo-kitty.com (collectively, the “Site”) is the official website for Shoo-Kitty Inc. We encourage you to read the following terms governing your use of and purchase of products from the site. By using the site or by providing personal information to us, you agree to be bound by these Terms of Use set forth below, the Cookie Policy and Terms of Sale, and any other documents referred to therein (collectively, the “Terms”).
Modification to These Terms
From time to time, we may change the terms that govern your use of our site. Your use of our site following any such changes to these Terms of Use constitutes your agreement to follow and be bound by the terms as changed.
Use and Restrictions
This site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the site under applicable laws. You acknowledge and agree that Shoo-Kitty, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the site. We may change, move or delete portions or, or may add to our site or it’s contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our site and/or its contents.
Other than for the purchase of merchandise from our site, our site and the contents of our site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not (a) resell products purchased or make other commercial use of the products, site or its contents (hereinafter define); (b) modify, reproduce, publish, transmit, distribute, display, create derivative works form, sell or participate in or exploit in any way, in whole or in part, any of the contents, the site, or any related software, (c) collect or use any product listings or descriptions; (d) use any data mining or similar data gathering methods from the site; (e) use, frame or utilize framing techniques to enclose any Shoo-Kitty’s Inc. trademark, logo or other proprietary information (including images, text, layout or design) without Shoo-Kitty’s express consent; or (f) except for your use of the site as expressly permitted in these terms, access or attempt to access any systems or servers on which the site I hosted or modify or alter the site in any way. Any unauthorized use of the site will result in you being banned in use of the site.
Intellectual Property Rights
The site, and it's contents are protected by copyright, trademark and other laws and Shoo-Kitty owns and/or uses with permission all worldwide right, title and interest in, and to the site and it's contents. Shoo-Kitty, Simon & Iris’ Shoo-Kitty and all other trademarks appearing on the site are trademarks of Shoo-Kitty Inc. You agree not to display or use such trademarks without Shoo-Kitty’s expressed permission.
User Comments, Feedback, Postcards and Other Submissions
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Shoo-Kitty on or by this site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, “Submissions”) shall be and remain Shoo-Kitty property. You agree to, if requested by Shoo-Kitty, assign and transfer to Shoo-Kitty all rights in and derived from the submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. Shoo-Kitty is not under any obligation (1) to maintain any comments in confidence, (2) to pay to you any compensation for any comments; or (3) to respond to any user comments.
By making any submission to the site, you agree that such submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Shoo-Kitty a transferable non-exclusive, worldwide, royalty-free license to use such personal rights for any advertising or marketing or Shoo-Kitty products in any medium. You agree to indemnify and hold harmless Shoo-Kitty and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorney fees) arising out of your account, your use of the site, your submission and any Personal Rights contained herein.
You further agree that your submission to the site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submission you submit. You agree that Shoo-Kitty may use and/or disclose information in your submission consistent with the terms of the Privacy Policy.
Electronic Communications
You consent to receive electronic communications from Shoo-Kitty either in the form of an e-mail sent to you at the e-mail address listed on your account or by communications posted on the site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the site shall satisfy any legal requirement that such communication by in writing.
Your Account
You must establish an account with Shoo-Kitty in order to purchase through the site. You are solely responsible for (i) maintaining the security of your account and password; (ii) restricting access to your account, and (iii) keeping your account email address current. You are solely responsible for all activities, including without limitation, all purchases of products on the site and posting of submissions that occur under your account.
You acknowledge and agree that Shoo-Kitty may access, preserve and disclose your account information. Submissions, communications, and information relative to your use of the site, and any other information under your account if Shoo-Kitty is required to do so by law or legal process or if Shoo-Kitty determines, in its sole discretion, that such action is necessary to protect the rights of Shoo-Kitty, third parties and others users of the site or for otherwise responding to your customer service inquiries. Shoo-Kitty’s rights herein shall govern over any terms of our Privacy Policy.
Site Transactions
We reserve the right to request further identification for credit card processing on any order your place with us. We reserve the right to change and/or refuse any order you enter on the site. We may, in our sole discretion limit or cancel quantities purchased per person, per household or per order, including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re sellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the site.
Shipping
The terms and conditions for shipping can be found in shipping information.
Modification
Any content offered or posted on this site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Shoo-Kitty reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services, or content offered through the site, at any time from time to time.
Terms of Sale
All products sales from the site are governed by the Returns & Exchanges Policy and the shipping information that is posted on the site. You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies. The Policies are subject to change without notice and you review the same before you purchase any product.
Warranties and Disclaimers
The site, submission and content provided via the site are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, Shoo-Kitty disclaims all representations, warranties and conditions express or implied with respect to the site. Submissions, the content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchant-ability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties, or conditions arising from course of dealing or performance, unless otherwise specifically set form in the Lifetime Limited Guarantee.
The material displayed on the site is provided without any guarantees, conditions, or warranties, as to its accuracy. We reserve the right to revoke offers, or correct errors, or inaccuracies, or omissions.
Limitation of Liability
To the maximum extent permitted by law, Shoo-Kitty Inc. exclude all liability for any damages (howsoever arising, including without limitation through contract, to (including negligence), breach of statutory duty, or otherwise) arising out of, or in connection with, your access to (or inability to access) or use of the site, and its contents. All conditions, warranties, and other terms which may be implied by statue, common law, or otherwise, are hereby excluded to the maximum extent permitted by law. In no event, shall Shoo-Kitty Inc. or their respective officers, directors, contractors, employees, or agents, be liable for; (i) any indirect, special, or consequential loss, or damage, or (ii) loss of profit, (iii) loss of business (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the Site, any sites linked to it, and any materials posted on it, even if Shoo-Kitty has been previously advised of the possibility of such damage. Nothing in these Terms of Use shall exclude or limit our liability for death, or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation, or any other liability, to the extent if it cannot be waived, or limited under applicable law.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Connecticut. The courts at the registered office of Shoo-Kitty Inc. will have exclusive jurisdiction over any claim, or any dispute arising from, or related to, a visit to the Site. Shoo-Kitty Inc. reserves the right to bring proceedings against you for breach of these Terms of Use in your State of residence or any other relevant State.
Invalidity
If any provisions of these Terms of Use are held to be invalid, illegal, or unenforceable in any jurisdiction, the same will not affect the effectiveness of validity in other jurisdiction, or the effectiveness of any other provision herein.
Questions
If you have any concerns about material which appears on the Site or these Terms of Use, please contact us by emailing at customerservice@shookity.com.
