Terms of Use

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Effective 01/26/23

 

1. Terms of Use:
These Terms apply to all users of the Services, but depending on the Services used by you, not all Terms may applicable. As a user of the Services (“you” or “your”), agree that these Terms are a binding contract that applies to all of your use of the Services and the products you purchase through the Services. You agree that you will comply with these Terms. If you do not agree with these Terms, you should not use our Services. Consent to receive text messages is not a condition of purchase.

 

These Terms are effective as of the effective date identified above. These Terms are subject to change, so we encourage you to periodically review the Terms posted on the Services. Any changes will be posted on this site and will govern the use of the Services, and purchases made through the Services, after such postings.

Additional or different terms may apply to some offerings on our Services, such as return policies for certain products or Services, contests, or sweepstakes. Those terms will be posted on the Services in connection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.

 

The Services may contain links to goods, services or content, including third-party stores where products may be available for purchase that are not under KDS DAR School's control. KDS DAR School is not responsible for the content of those offerings and will not be liable for any damages caused by your use of or reliance on such goods and services or content. You should be aware that different terms may apply to your use of those offerings, and we are not responsible for purchases you make, and additional or different purchase terms may apply.

 

2. Restrictions on Use of Services:
By using the Services, you represent to us that you are (1) at least 18 years of age or are using the Services under the supervision of your parent or guardian, (2) able to enter into a binding contract, and (3) using the Services only as they are intended. All other use of the Services is prohibited.

 

3. Standards of Conduct:
To maintain the integrity of our Services and the user experience of all users of the Services, you agree not to misuse our Services or their content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:

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• Disrupt or interfere with the normal operation and navigation of the Services or the availability of the Services to other users.

• Circumvent any measures we use to limit access to the Services or particular content available on the Services.

• Access the Services using any unauthorized “robot,” “spider,” “scraper” or other automated means.

• Use a false name or contact information, impersonate any person or entity, or otherwise misrepresent your identity, affiliation or the origin of materials you transmit.

• Display the Services, or any of their content, in a “frame,” in connection with any other content or trademark, or in any other way that could potentially deprive us of revenue or falsely suggest a relationship between us and any third party.

• Make any commercial use of the Services or their content, including collection or use of information concerning our product offerings, descriptions, images, prices and sales volumes.

• Maintain any link to the Services from any commercial website, or maintain any other link that we ask you to remove.

• Transmit to or through the Services any viruses, spyware, adware or other harmful code.

• Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Services.

• Use the Services to advertise or promote any goods or services other than ours.

• Use the Services to transmit or collect personal information about other users.

• Use the Services, or any content from the Services, to advertise or solicit for any other person, entity or cause, or otherwise to compete with us or act illegally or maliciously against our business interests or reputation.

• If you violate this Section, we may terminate your access to the Services, take other remedial actions, and seek any remedies permitted by law.
   

Confidentiality. You may, depending on your relationship with us, your use of the Services, or the types of transactions you engaged in with us,, come into contact with confidential information of KDS DAR School, including, but not limited to, trade secrets, methods, details about the Services or products offered, and business or marketing plans (“Confidential Information”). The Confidential Information is owned solely by KDS DAR School and is considered to be proprietary and confidential. You agree to hold the Confidential Information in strict confidence and take reasonable measures to keep it secure. Your agreements contained in this paragraph shall survive the termination your account, your use of the Services, and/or the expiration of these Terms.

 

4. Accounts:
Some of our Services offer you the opportunity to create a user account to access additional functionality such as making online purchases, or may require you to establish a user account to utilize a Service. This Section, “Accounts,” establishes additional terms that apply to such accounts.

You may only create and hold one account for each of the Services, and you may not use anyone else’s account. When we request information from you to set up an account, you must provide us with accurate and complete information. You also must update your account when information you have provided to us changes. To update your account information, click on the “Account” link or other applicable account settings on the relevant Services.

 

You are responsible for maintaining the confidentiality of your user account login names and passwords, and you must not permit use of your account by anyone else. You accept responsibility for all activities that occur under your account, including product purchases made using your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.

 

You authorize us to use the contact information you provide us to communicate with you about your orders and our Services and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.

 

We reserve the right to terminate your access to your account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your account is terminated, you may lose access to any information stored in connection with your account, and any promotional account credits and any other forms of value that may be associated with your account. Upon termination, these Terms shall continue to apply to any other use of the Services that you are permitted to make. You may disable your account at any time by contacting a representative in the administration office at KDS DAR School.

5. Purchases:
Some of our Services offer you the opportunity to order products. This Section, “Purchases,” states additional terms that apply to such orders.

 

Product Availability. Not all products are available in all styles, sizes, and colors.

 

Pricing and Availability. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on our Services, a price stated on a Service occasionally may be in error. If in processing your order we determine that the correct price is less than the stated price, we will charge you the lower price. If we determine that the correct price is higher than the stated price, we are not obligated to fulfill your order at the stated price. We will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

 

Product Descriptions. We try to be accurate when we describe and depict products on our Services. However, with regard to clothing, certain measures and other descriptions are only approximate. We also cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images, including depictions of color, texture and proportions, will always be complete, reliable, current and error-free. If you purchase a product from one of our Services that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy described below.

Taxes. Kate Duncan Smith DAR School, Inc. (federal identification number 63-0338084) is a qualified tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. No goods or services were exchanged for this gift which is tax-deductible to the full extent of the law.

 

Discounts and Promotions. The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.

 

Clearance Items. Products designated as “clearance” items will not return to higher, prior selling prices, but the same items previously may have been offered at or below the current price. Clearance items may (1) be available in limited quantities and sizes, (2) remain on the Services for only short times, and (3) be unavailable in stores. Clearance items are not returnable or refundable.

 

Ordering. When you click the “Place Order” button on a Service, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion, or place orders through the Services if we have notified you that you are prohibited from placing orders through the Services.

 

Payment. We accept only the payment methods indicated on the Services. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

 

Shipping to our Retail Customers. Shipping options and applicable charges for our retail customers will be stated during the order process. The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes.  Additional charges may apply for shipments to Alaska and Hawaii.

 

Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.
 

International Shipping. Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. Such information will be provided during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in Section 17 below.

 

Returns. We hope you are happy with the products you purchase. However, most items we sell may be returned to us under certain circumstances, as explained in the return policy posted on the relevant Services. We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated return location at KDS DAR School, 6077 Main Street, Grant, AL 35747.
 

eGift Certificates. eGift certificates purchased through the Services will be considered to have been purchased in and issued from the State of Alabama. Title and the risk of loss to such gift certificates pass to the purchaser upon our electronic transmission to the recipient. eGift certificates are non-refundable.

 

6. Changes to Services:
We reserve the right to take any of the following actions in our discretion at any time, and without giving you prior notice:

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• Change or discontinue the Services, and the products and promotions offered on the Services.

• Limit the availability of products.

• Change the prices of products.

•  Impose conditions on product sales and promotions.

• Restrict or terminate your access to the Services.

• We will not be liable to you or any third party for taking any of these actions.

 

7. Copyright, Trademarks, and other Intellectual Property:
The KDS DAR School logo and seal and all items contained on the www.kdsdar.org website are subject to copyright.