Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ASSENT TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. KEEN HOME INC. IS FREE TO REVISE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS POSTING, AND YOUR USE AFTER SUCH CHANGE SIGNIFIES YOUR ACCEPTANCE OF THE CHANGED TERMS. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

This website (‘Site’) is owned and operated by Keen Home Inc. and its subsidiaries and affiliates (collectively 'Keen Home,' 'we' or 'us'). Questions concerning the Site or its operation should be directed to the contact specified at the end of these Terms of Use.

All right, title and interest in the Site, including information, documents, logos, graphics, designs and images, are owned by Keen Home or designated third parties and made available only for your personal use. Except as may be otherwise specifically permitted elsewhere on the Site, redistribution, retransmission, republication or commercial exploitation of the contents of the Site is expressly prohibited. Requests for such permission should be made to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from the Site does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms of Use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Keen Home's written permission.

Use of the Website

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to these Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of reviewing and shopping for personal products sold on the Site, and not for any commercial use or use on behalf of any third party. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion of it. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

We may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Use, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Site's security.

Contents and Hyperlinks

This Site may contain hyperlinks to third-party Sites. Those Sites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Keen Home has no control over the content or policies of such third-party Sites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any Sites hyperlinked to the Site. Those who choose to access information from the Site (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. If you want to link to the Site, please contact us to receive our express consent at the contact specified below before creating that link so that we may preview your site. Keen Home expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links.

User Content

Keen Home is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in the Site, if any. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through the Site ('communications'), including e-mails to Keen Home or postings on interactive portions of the Site, shall be deemed and shall remain the property of Keen Home. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information or to compensate you for the receipt or use of such communications. Keen Home is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing and marketing products using such communications. You shall not upload to, distribute, or otherwise publish through the Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. By submitting communications to us through the Site, e-mail or any means other than the procedures outlined elsewhere in the Site, you hereby RELEASE Keen Home from any liability under any legal theory in connection with the use, modification, sale or disclosure of any communications. By uploading or otherwise providing any communications to the Site or Keen Home, you hereby grant Keen Home, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation.

Products and Services

A description or reference to a product, service or publication on the Site (including any description or reference via hyperlink) does not imply endorsement by Keen Home of that product, service or publication. Products and software offered through the Site shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. You may only use the Site and the products offered through the Site for your own personal, non-commercial use, and only in a manner that complies with all law that apply to you. Please be advised that we are not responsible for your use of our products or services in any way that violates applicable law. You may only use the Site and the products and services offered through the Site for your own personal, non-commercial use, and only in a manner that complies with all law that apply to you. Please be advised that we are not responsible for your use of our products or services in any way that violates applicable law. The risk of loss and title for products purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.

No Representations or Warranties

Keen Home makes no representations or warranties that the Site is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Site or Keen Home's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE, AND YOU AGREE TO HOLD KEEN HOME HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on the Site may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, EXCEPT AS OTHERWISE PROVIDED IN OUR TERMS OF SALE THAT GOVERN THE SALE OR LICENSE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR LICENSE AND SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS MAY BE OTHERWISE PROVIDED IN THE TERMS OF SALE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KEEN HOME BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KEEN HOME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATING TO THESE TERMS OF USE OR THE WEBSITE EXCEED THE AMOUNT OF YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNTS YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION.

Choice of Law

Keen Home controls and manages the Site from its facilities in the State of New York in the United States of America. Unless otherwise stated, materials and content on the Site are presented solely for promoting products and services in the United States of America and Canada. Information published on the Site may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Site are legal, available or appropriate in your country or region. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without giving effect to any principles of conflicts of law.

Arbitration; Injunctive Relief

Any dispute relating in any way to your visit to the Site or to the products you purchase or license through the Site shall be submitted to confidential arbitration in New York, New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

Trademarks And Copyrights

Nothing on the Site shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Keen Home or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners. As between Keen Home and you, all text, graphics, button icons, images, audio clips, and software within the Site (collectively, ‘Content’), other than content provided by you, belongs exclusively to Keen Home. The collection, arrangement, and assembly of all Content (the ‘Compilation’) belongs exclusively to Keen Home. The Content and the Compilation are all protected by U.S. and international copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from the Site; our Privacy Policy governs your use of the Site, and our use of your information received through the Site. As described in the Privacy Policy, Keen Home reserves the right to disclose without notice to you any of your information in Keen Home’s possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, or to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of the Site may include additional or different terms relating to the use of personal information collected from such areas or pages, and those terms will apply.

General

These Terms of Use and the Privacy Policy represent the entire understanding between you and Keen Home relating to the Site, and prevail over any prior or contemporaneous, conflicting or additional communications, understandings or agreements. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. Keen Home reserves all legal rights and remedies available to it, and all disclaimers and limitations of liability herein shall in no way be deemed a limitation or waiver of any other rights Keen Home may have.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us below. Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Site to:

Keen Home Inc.
320 W 37th Street 15th Floor
New York, NY 10018