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Terms of Use

Terms of Use


You must read the Terms of Use and Conditions!

These terms of use (the “Terms of Use”) govern your use of and access to the website consumptionbykevo.com, including any directories, page names, or paths (the “Website”), and services provided on the Website. These Terms of Use, together with the Privacy Policy and No Refunds, No Returns Policy, which are incorporated by reference, create a binding agreement between you (“you,” “your”) and Cordell White, an individual residing in Chicago, Illinois, dba Kevo (“Kevo”).

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YOUR ACCESS TO THIS WEBSITE AND ALL INFORMATION, DATA, DOCUMENTS, IMAGES, VIDEOS, SOUNDS, WEBCASTS OR PRODUCTS AND ANY OTHER WEBSITES, CONSULTANTS OR AGENTS LINKED TO THESE TERMS OF USE AND CONDITIONS CONFIRMS YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OR ACCESS OUR SITE.
 
IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE THESE TERMS OF SERVICE AND FURTHER UNDERSTAND AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY THESE TERMS OF USE AND THE PRIVACY POLICY. IN THAT EVENT, “YOU,” AND “YOUR” WILL REFER AND APPLY TO YOU AS AN INDIVIDUAL AND THAT ENTITY OR AGENCY.

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Modifications:
From time to time, Kevo may modify, update, add to, discontinue, remove, revise, amend, or otherwise change any portion of these Terms of Use, in whole or in part, at any time and for any reason as Kevo deems necessary. Any such modification may be without notice and is effective immediately upon becoming publicly available. Please check back frequently, especially before using our Site. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.

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Trademarks:
Kevo’s intellectual property, logo, all page headers, custom graphics are service marks, domain names, trade names, trademarks and/or trader dress owned by Kevo, his licensors, or affiliates (the "Marks"). The use or misuse of any Marks or any other materials contained on the Website, without the prior written permission of their owner, whether or not Kevo, is expressly prohibited.

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Copyright:
The Website design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on this website should not be construed as a grant of a license or right to use any of the copyrighted material on this website without written consent of their owner, whether or not Kevo.

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The artwork provided on this site is for your viewership only. Any such artwork, photograph, video, music, written work, or other work of authorship, whether original or not, owned by its author, as determined by the US Copyright Office. You may not use, copy, reproduce, download, post, repost, display, transmit, modify, or distribute, perform, create derivative works from, screenshot, or otherwise violate the copyright holders exclusive rights in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without express prior written permission from the copyright holder. This includes, but is not limited to, sharing posts including any of the artwork on social media or other websites.

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User License:
You are granted a limited, nonexclusive, nontransferable license to access the Website and its content in accordance with these Terms of Use. Kevo reserves the right to refuse access to the Website in our sole discretion and without notice. You are solely responsible for your use of the Website, and you agree to indemnify, defend, and hold harmless Kevo from any claims, damages, losses, liabilities, costs, and expenses, including attorney fees, resulting from your use or misuse of the Website. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

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Limitations on Your Use:
Restricted Uses, unless otherwise specified, you may not modify, copy, distribute, transmit, display, reproduce, republish, upload, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website. You may not, without Kevo’s prior written permission, frame or mirror any material contained on this Website on any other server. The unauthorized use of any such material on any other Website is expressly prohibited. Modification of the materials or use of the materials or use of the materials for any other purpose is a violation of Kevo’s, or the Author’s, copyright and other proprietary rights.

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Privacy:
You acknowledge that you have read and understand the Privacy Policy and agree that the terms of such policy are reasonable. You consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in our Privacy Policy.

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Membership, Registration and Confidentiality:
When you open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to provide true, accurate, and complete information, maintain and update such information as needed, such that the information remains true, accurate and complete. If you register with the Website, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Website-issued email address. You agree to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for maintaining the confidentiality and all use of our Website conducted with your identification number and password. Kevo may, Kevo’s sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

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Links to Third Party Websites:
The Website may include links to third party websites for your information and convenience, or to provide additional shopping for various other goods and services through our affiliates. Provision of such links is not an endorsement of any information, product or service reached through such link. These third-party websites are solely responsible for, and undertake to maintain, their own site terms of use. You agree to carefully review the terms of use of each site you choose to access from the Website. You must us of any errors or inappropriate material found on Websites to which the Website is or may be linked.

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User Content:
You understand, acknowledge, and agree that you are solely responsible for all information, data, or other content that you upload, post, transmit, or otherwise made available through or on the Website (“Content”) posted under your user account. You represent and warrant that

 

  • you own or otherwise control all of the rights in and to the content that you post;

 

  • that the content is accurate;

 

  • use of the Content you supply does not violate these Terms;

 

  • the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and

 

  • the Content will not cause injury to any person or entity.

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Should Content be deemed illegal, Kevo will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If Kevo determines, in Kevo’s sole discretion, that any Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, we may remove the Content. Kevo has no obligation, however, to restrict or monitor Content in any way.

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You may see or read things that you do not like or agree with on the Website. You understand that by accessing or using the Website, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Kevo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Website.

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Kevo does not control the Content posted on or through the Website and, therefore, Kevo does not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge, understand, and agree Kevo is under no obligation to pre-screen Content, but that Kevo, his assignees, or designees shall have the right (but not the obligation) in their discretion to refuse or remove any Content that is available through the Website. Without limiting the foregoing, Kevo, his assignees, or designees shall have the right to remove any Content that violates these Terms of Use or any other of our policy or is otherwise objectionable, in their sole discretion.

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Any material, information, or idea you submit to us or the Website by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Kevo has no obligation to keep any submissions confidential, return any materials that you submit, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to Kevo.

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You acknowledge that by providing you with the ability to post information on the Website, Kevo is acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any postings or activities on the Website.

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Disclaimer of Warranties:
YOU AGREE THAT THE WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," BASIS. KEVO EXPRESSLY DISCLAIMS ALL WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

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KEVO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS WEBSITE. KEVO DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR INTELLECTUAL PROPERTY INFRINGEMENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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Limitation of Liability:
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT KEVO IS NOT LIABLE, NOR DOES KEVO ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS WEBSITE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS.

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General Terms:
You understand, acknowledge, and agree that no joint venture, partnership, employment, or agency relationship exists between you and Kevo as a result of these Terms of Use. Kevo reserves the right to disclose any personal information about you or your use of the Websites, including its contents, with or without your prior permission, if Kevo has a good faith belief that such action is necessary to conform to legal requirements or comply with legal process, to protect and defend the rights or property of our company or its affiliated companies, or for any other reason or no reason at all.

 

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