Welcome to the Dear Keaton online store. This Web site is owned and operated by Dear Keaton, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Dear Keaton, LLC. We offer this Web site, including all information, tools and services available from this site, to you conditioned upon your acceptance of all terms, conditions, policies and notices (collectively “Terms”) stated here.
By using this Web site, you acknowledge that you have read, understand and agree to be bound by these Terms. Our Shipping and Return Policy is part of these terms. We reserve the right to modify these Terms at any time and will post such changes on this Web site. If you do not agree to any of these Terms, you must immediately stop accessing the Web site. In the event of a violation of any of these Terms, we reserve the right to seek all remedies available by law and in equity.
The Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs and images (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this Web site as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web site for any competitive or commercial purpose; or may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.
We retain all rights regarding our brand names and trademarks. These names or marks, and all associated logos or images, are common law trademarks of Dear Keaton, LLC. and they are protected by U.S. and international laws and treaties. No license to the use of such names and marks is granted to you under these Terms or by your use of this Web site. Your misuse of our trademarks displayed on this Web site is strictly prohibited.
We may, but are not obligated to, use -in any way we see fit- any photographs, images, or text (collectively “User Submissions”) contained in any communication you send or provide to us for any purpose whatsoever including, but not limited to, social media, advertising, promotion, entertainment, commercial purposes, and developing, manufacturing and marketing products. Accordingly, we may use, edit, copy, display, publish, remove, prepare derivative works from, exhibit, or otherwise broadcast the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web Site and/or social media pages (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate, whether they comply with these Terms, our standards, and applicable law, and whether they may be posted or removed.
Periodically, links to this Web site may be established from external Web sites or resources operated by third parties (the “Third Party Sites”). None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site, however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available at any particular time.
If for any reason, a package is undeliverable by the shipping carrier, it will be considered abandoned. If the package is returned to us, we will make every reasonable effort to contact you for a revised shipping address. If we cannot reach you, we will refund you the cost of the items (excluding the initial cost of shipping, and any associated fees we were assessed to have the items returned to us). If we do receive a revised shipping address from you, we will then reship to the revised address after receiving payment for the additional cost of reshipping. If the package is NOT returned to us, you will be responsible for all charges related to the abandoned package including the cost of the merchandise.
ORDER ERRORS AND DEFECTIVE MERCHANDISE:
Dear Keaton online boutique prides itself on offering the highest quality merchandise and fulfilling customer orders accurately. All orders are inspected several times prior to shipment to guarantee that the order meets our high quality control standards. Should you notice any errors or defects with the items in your order, you must notify customer service within 48 hours of receipt of the shipment. We reserve the right to rectify the error within a reasonable time frame.
DISCLAIMER OF WARRANTY
Access to this Web site is provided to our customers and prospective customers “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Dear Keaton, LLC reserves the right to block or deny access to the Web site to anyone at any time for any reason.
We control this Web site from offices within the State of Georgia. We do not imply that the materials published on this Web site are appropriate for use outside of the United States. If you access this Web site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The Terms of this Web site shall be governed by the laws of the state of Georgia, without regard to the conflicts of laws provisions therein.
LIMITATION OF LIABILITY
In no event will Dear Keaton, LLC be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked Web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Dear Keaton, LLC is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You understand and agree that you are personally responsible for your behavior on the Web site. You agree to defend, indemnify and hold harmless DearKeaton.com and its parent company, Dear Keaton, LLC and any director, officer, employee, business partner, supplier, agent, reseller, owner, and any third-party information provider of DearKeaton.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use, misuse or inability to use the Website or violation of any of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Web site.
We may terminate, change, suspend or discontinue any aspect of this Web site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Terms at any time and without notice. Your continued use of this Web site after any changes to these Terms are posted will be considered acceptance of those changes.
We collect personal information when you make a purchase and also when you opt to create an account with us (we do not require that you create an account to be able to view or purchase our products). We also collect personal information if you provide it to us indirectly, for example, through our social media pages, email, phone, etc.
We automatically receive and record other non-personally-identifying information (“non-personal information”) whenever you visit our Web site, for example, your IP address, cookie information, and the pages you visit. We use non-personal information for the following general purposes: improve our services, track visitor traffic and fine tune Web site performance.
We provide the option to create an account with us. We do not require account creations to view any of our products or to make purchases. By creating an account, you will be able to take advantage of order tracking and history as well as pre-filled forms during checkout on subsequent orders. During account creation, you are required to give contact information (such as name and email address).
PROMOTIONAL EMAILS / NEWSLETTER
If you opt to subscribe to our newsletter, we may send you exclusive emails with promotional and/or informational content. The emails will include an “Unsubscribe” feature if you no longer wish to receive such emails.
INFORMATION SHARING AND DISCLOSURE
DearKeaton.com does not sell, rent, trade, or share personal information with third parties except under the following circumstances:
We use other third parties such as a shipping company to deliver orders and a credit card processing company to collect payments for goods sold on our Web site. When you make a purchase on our Web site, we will share the necessary amount of personally identifiable information for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for promotional purposes.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, or legal process served on our Web site.
We may share personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of DearKeaton.com’s Terms, or as otherwise required by law.
In the event DearKeaton.com goes through a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as storage of items in your Shopping Cart between visits.
CONFIDENTIALITY AND SECURITY
Our Web site has the following types of security measures: firewall technology and current industry standard secure-socket-layer (SSL) certificate authentication. SSL is encryption technology that provides security for information that’s transmitted over the Internet.