TERMS OF USE
These Terms of Use (the “Terms of Use”) apply to www.kitersoutlet.com ("the site".) The Site is the property
of Pure Action Sports Worldwide, Inc. (“PASW”). Please take a moment to review our
Terms of Use. BY USING THE SITE, YOU ARE AGREEING TO THESE TERMS OF USE.
PASW reserves the right to change or modify of these Terms of Use, at any time.
Your continued use of the Site following the posting of changes will constitute
agreement to the changes.
You are granted a limited license by PASW to access the site and any services it
provides for personal use only. No part of the site may be copied or made available
in any way to, or for the benefit of, any third party including other vendors. You
may not enter restricted areas, breach or circumvent any security measures used
by the site or its networks. Any unauthorized use by you may, at PASW's sole discretion,
terminate your license.
DESCRIPTION OF SERVICES
At www.kitersoutlet.com, PASW provides
you with Price-Free ShoppingSM using the
Fair Offer SystemSM. When you find something
you want, you make an offer for it. You decide what price you think is fair, and
you submit it to us online. If we agree, the product is yours. We let you know within
minutes. The HOW IT WORKS page on the Site
provides additional information regarding the specifics of the services, and is
hereby incorporated into these Terms of Use.
NO ACCOUNTS
PASW does not allow customers to open accounts and it does not store your personal
information. While this may cause some inconvenience if you are making multiple
purchases, it is the safest protection you can have as a consumer.
PURCHASES
When you make an offer, you agree to provide valid information about yourself. If
you provide falsified or incomplete information, or PASW has reasonable grounds
to suspect falsified or incomplete information, your offer may not be processed
and you may be barred from further use of the site. PASW reserves the right to deny
service for any reason. The site is for use by individuals 18 or older. By using
the site you agree you are of legal age.
USAGE
The site is not available to minors under the age of 18 or to any users suspended
or removed from the site by PASW for any reason.
The trademarks and logos displayed on the Site are the sole property of PASW and
its affiliates. Users are prohibited from using any trademarks or logos for any
purpose.
You agree to indemnify and hold harmless PASW, and it's all affiliates against any
and all claims, liability, and or loss relating to or stemming from the use of the
site.
In using the site you understand that PASW does not guarantee that any service or
feature of the site will be error free. You agree to use of the site "as is." Your
sole recourse or remedy in the event of your dissatisfaction is to stop using the
site. However, all products are protected by the Like
4 Like Warranty, and the terms of that Warranty are hereby incorporated
into these Terms of Use.
PASW reserves the right to change or modify the site at any time, in any way, and
for any reason without prior notice including removing or making unavailable portions
of the site from time to time for maintenance.
USER GENERATED CONTENT
PASW is not responsible for any user generated content emailed, posted, or otherwise
made available via the site, email system, or networks. You agree not to use the
site to communicate any objectionable material or any material not directly related
to PASW's business. PASW may, at its sole discretion, monitor and/or remove any
material it deems objectionable from its site, emails, or postings.
THIRD PARTY LINKS
The site may contain links to other third party websites. PASW is on no way responsible
for, nor does it endorse any content found in any third party site. Use of any such
site is at the sole discretion of the user.
DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the laws
of the State of North Carolina without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal courts
in Dare County, NC, and waive any objection to such jurisdiction or venue. Any claim
under these Terms of Use must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. No recovery may be sought
or received for damages other than out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’ fees. In the event of any controversy
or dispute between PASW and you arising out of or in connection with your use of
the Site, the parties shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute within a reasonable time
(not to exceed thirty (30) days), then either party may submit such controversy
or dispute to mediation. If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy available to them under
applicable law.
