Kindred Spirit Gifts

8 Main Street

Pembroke, MA 02359

781-754-4417

©2019 by Kindred Spirit Gifts, Inc. All rights reserved

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Terms of Use

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Last Updated February 20, 2019

These Terms & Conditions apply to Kindred Spirit Gifts's website located at www.kindredspiritgifts.com and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”).  As used in these Terms & Conditions, “Kindred Spirit Gifts”, "KSG", “us”, or “we” refers to Kindred Spirit Gifts, Inc., and its subsidiaries and affiliates.

SITE ACCESS

By accessing or otherwise using this website, you agree to be bound by these Terms of Use, as well as any additional terms appearing at applicable sections of this website and all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. Our Privacy Policy and Terms of Services are part of these Terms of Use. If you do not agree to these Terms of Use, please do not use the website. Kindred Spirit Gifts, Inc. (“Kindred Spirit Gifts”) reserves the right to modify these Terms of Use at any time and will post such changes here. By continuing to use this website after KSG posts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using and accessing the website. Please review the Terms of Use regularly for updates and changes.

The “Last Updated” date, as stated above, indicates the last time the agreement was materially modified. Checking the date above allows you to determine whether there have been material modifications since the last time you reviewed the Terms of Use.

 

CONTENT

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of KSG or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Kindred Spirit Gifts, Inc. and protected by U.S. and international copyright laws. KSG and its suppliers expressly reserve all intellectual property rights in all Content.

LICENSE AND ACCESS

KSG grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

UNLAWFUL OR PROHIBITED USES

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions.  As a condition of your use of this Site, you warrant to KSG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • Make any commercial use of the Site or its content, including making any collection or use of any product listings, descriptions, prices, or images;

  • Download, copy, or transmit any content for the benefit of any other merchant;

  • Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by KSG or generally publicly available browsers;

  • Frame, mirror, or use framing techniques on any part of the Site without KSG's express prior written consent;

  • Make any use of data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;

  • Use any meta tags or any other hidden text utilizing KSG's name or marks;

  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • Use a buying agent to conduct transactions on the Site;

  • Conduct fraudulent activities on the Site;

  • Violate or attempt to violate the security of the Site, including, without limitation:

  • Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;

  • Trying to change the behavior of the Site;

  • Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;

  • Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;

  • Forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Site (impersonating the Kindred Spirit Gifts website) or to the Site (impersonating another user);

  • Send unsolicited or unauthorized email on behalf of KSG, including promotions and/or advertising of products or services;

  • Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the functionality of the Site or any activity being conducted on the Site;

  • Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

  • Harvest or collect personally identifiable information about other users of the Site; restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

  • Use the Site to advertise or offer to sell or buy any goods or services without KSG's express prior written consent;

  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;

  • Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the

 

All copyrights in this site are owned by Kindred Spirit Gifts. All rights reserved. You should assume that everything read or seen on the website is copyrighted or otherwise protected and owned by KSG.  Unless otherwise expressly noted, nothing that you read or see on the website may be copied or used except as provided in these Terms of Use or with the prior written approval of Kindred Spirit Gifts.

Products

Products offered on the website may constitute a selection of those which are presented in KSG's brick and mortar shop.  If you would like broader product choices, you are invited to visit our retail location.  There may be items available online that will not be available in our retail location and vice-versa due to space constraints, etc.  The products on the website are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Kindred Spirit Gifts, there are inaccuracies in the presentation on the website, KSG shall in no event incur any liability therefor. KSG does not warrant that item descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered on the website is not as described, your sole remedy is to return it in unused condition for a refund. Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.

 

Colors

KSG strives to display as accurately as possible the colors of the products shown on the Site; however, Kindred Spirit Gifts cannot and does not guarantee that your monitor’s display of any color will be accurate.

Limitation of Warranty and Damages

The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. KSG makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. KSG makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. KSG further makes no warranty that you will achieve successful results from following any instructions or directions on the website.

The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. Kindred Spirit Gifts does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.

In no event will KSG be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kindred Spirit Gifts, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Shipping and Return Policy

For all shipping information and return policy, please see our Shipping & Return Policy

 

Prices

Prices are firm and final. They are expressed in U.S. dollars. All applicable taxes are included in the summary of the order. KSG reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the website, but items ordered are invoiced at the price displayed at the time the order was placed. Despite our best efforts, a small number of the items on the website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. KSG reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. We encourage you to print and maintain a copy of your purchase order for your records.

 

Payment, expressed in US Dollars, shall be made exclusively online through the website via MasterCard, Visa, American Express using Square Payments.

Limitations on Quantity

Kindred Spirit Gifts does not offer additional discounts on large orders of a single item or on large orders of many individual items.  In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.

 

Shipment

Items will be delivered by USPS. Any delivery times provided on the website are estimates only. Exceeding these times shall in no event be held against KSG or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items pass to you upon KSG's delivery to the shipper. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from Kindred Spirit Gifts invoice accompanying them, etc.) must be brought to the attention of Kindred Spirit Gifts within 48 hours of delivery by contacting us at contact@kindredspiritgifts.com.  

 

AVAILABILITY, ERRORS, AND INACCURACIES

KSG’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. KSG makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Registration and Online Store

To obtain full access to the website, you may be required to complete a registration. It is a condition to your use of this website that all information you provide be correct, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use will be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is strictly prohibited.

Termination of This Agreement

Kindred Spirit Gifts may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website.

 

Dispute Resolution

This agreement has been made in and shall be construed in accordance with the laws of the State of Massachusetts. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Plymouth County, Massachusetts for any and all disputes arising out of or related to this agreement or the use of this website.

 

United States Only

All materials on this website are provided solely for the purpose of promoting KSG’s operations, services and products in the United States, its territories, possessions and protectorates. Kindred Spirit Gifts makes no representation that the materials on the website are appropriate or available for use in other locations. If, despite these conditions, you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.

 

Miscellaneous Terms
Failure by Kindred Spirit Gifts to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.