Your use of the Services signifies your consent to these terms of use. If you do not agree to these terms of use, please do not use the Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Services following the posting of changes to these terms (including our Privacy Policy), subject to our procedures for material changes to our Privacy Policy will mean you accept those changes.

 

Right to Change Sites and Apps

We reserve the right to modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice, at any time and in our sole discretion.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.

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Restrictions on Use of Services Content

Unless otherwise noted, the Services, and all materials on the Sites or Apps, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled, lawfully used, or licensed by Est89 Kickz & Apparel, LLC, its subsidiaries, or its affiliates (referred to as “Est89kickz”, "we," "us," or "our" herein)

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Accounts

You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing est89ka@gmail.com or calling 1.980.335.6533.. Est89kickz shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

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Specials, Promotions and Sweepstakes/Contests

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

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User Comments, Feedback, and Other Submissions

If you send certain specific submissions (for example contest entries) or you post comments, photographs, videos, audio, or other content or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Content"), you agree that Est89kickz may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Est89kickz in perpetuity.  Est89kickz is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments.  Est89kickz has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You are solely responsible for any Comments you make and their accuracy. Est89kickz takes no responsibility and assumes no liability for any Comments posted by your or any third party.  You agree to indemnify Est89kickz for any third party claims against Est89kickz relating to or arising out of your Comments.

You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.

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Personal Information Submitted Through the Sites

Your submission of personal information through the Sites or Apps is governed by our privacy policy, which can be reached by clicking on the(insert link)  link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and use of the Privacy Policy.

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Use of Services

Impersonation of others, including a Est89kickz employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Est89kickz, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or Apps, or accessed through this Site or App or any of the Services. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Est89kickz.

Est89kickz reserves the right, but is not obligated, to do any or all of the following:

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• Investigate an allegation that any Content posted on the Services does not conform to the Terms of Use under this Agreement and determine in its sole discretion to remove or request the removal of the Content;

• Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use or this Agreement;

• Terminate a user's access to the Services upon any breach of these Terms of Use or this Agreement;

• Monitor, edit, or disclose any Content on the Services; and

• In Est89kickz’s sole discretion and without cause, it may edit or delete any Content posted on the Services, regardless of whether such Content violates these standards or this Agreement.

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Copyright Complaints

If you believe any Content on the Services infringes on your copyright, you may request removal of such Content (or access thereto) from any of the Services by contacting Est89kickz as set forth below and providing the following information:

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• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.

• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

• Your name, address, telephone number, and e-mail address.

• A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

• A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Send this information by mail to:

Est89 Kickz & Apparel, LLC

c/o General Counsel

1413 Ridgeway Avenue

Durham, NC 27701

est89ka@gmail.com 

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In an effort to protect the rights of copyright owners, Est89kickz maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

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Intellectual Property

All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Est89kickz or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. All designs are registered trademarks of Est89 Kickz & Apparel, LLC. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Est89kickz enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Est89 Kickz & Apparel, LLC., c/o General Counsel 1413 Ridgeway Avenue, Durham NC 27701

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Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites or Apps is inaccurate at any time without prior notice (including after you have submitted your order). We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge

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Links to Other Websites and Services

The Sites may contain links to other websites that are not under the control of Est89kickz. Est89kickz has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Sites' and Apps’ users.

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Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Est89kickz be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the widgets or products, even if Est89kickz or authorized representatives of Est89kickz have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Est89kickz's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.

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Indemnification

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Est89kickz, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

 

Product Orders

All orders placed through the Services are subject to Est89kickz's acceptance. Est89kickz may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Est89kickz shall issue you a refund.

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

Unauthorized Trade

Transshipping and grey market trade hurt our distribution, undermining our business and that of our Customers. Customers may only sell Est89kickz Products to retail consumers for personal use. Sales to other retailers, jobbers, distributors, freight forwarders, brokers, or any other person where an Account knows (or reasonably should know) that the products are likely being purchased for resale, are prohibited.

 

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at est89ka@gmail.com or calling 1.980.335.6533, or write us at:

 

Office of the CEO

Est89 Kickz & Apparel, LLC

1413 Ridgeway Avenue

Durham, NC 27701