WEBSITE TERMS OF USE
Effective date: 12/20/2023

1. ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and Keap Co. (“KEAP” or “We”). The following terms and conditions (“Terms of Use”) govern your access to and use of https://www.keapbk.com (the “Website”), including any content, functionality and services offered on or through https://www.keapbk.com.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Service (“Terms of Service”), found at https://www.keapbk.com/policies/terms-of-service, and our Privacy Policy, found at https://www.keapbk.com/policies/privacy-policy, both incorporated herein by reference. If you do not want to agree to these Terms of Use, Terms of Service, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older and reside in the United States. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use at any time, so please review them frequently. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions stated in 18. Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date that the change is posted on the Website.

We will post any changes we make to our Terms of Use on this page with a notice that the Terms of Use has been updated on the Website home page. You are responsible for checking this page periodically so you are aware of any changes, as they are binding on you. When we make material changes to the Terms of Use, we will contact users who have provided an email address to the email address specified in their account. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any product or service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for both
-making all arrangements necessary for you to have access to the Website
- ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to us through the Website or through certain other means, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of these Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by KEAP, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
-Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:
- modify copies of any materials from the Website,
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website,
- or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us at TheLab@KeapBK.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by KEAP. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. TRADEMARKS

The Company name, the term Keap Candles, the Company logo and all related names, logos, product and service names, designs and slogans are property of KEAP or its affiliates or licensors. You cannot use such marks without the prior written permission of KEAP. All other names, logos, product and service names, designs and slogans on this Website are the property of their respective owners.

6. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to other prohibitions as set forth in these Terms of Use, you agree not to use the Website:
- for any unlawful purpose,
- in any way that violates any federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
- to infringe upon or violate our or anyone else’s intellectual property rights,
- to upload or transmit viruses, trojan horses, worms, logic bombs, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet,
- to collect or track the personal information of others,
- to spam, phish, pharm, pretext, crawl, or scrape,
- to use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website,
- to attack the Website via a denial-of-service attack or a distributed denial-of-service attach,
for any obscene or immoral purpose,
- to disable, overburden, damage, disrupt, interfere with, circumvent, or attempt to gain unauthorized access to the Website, its security features, the server on which the Website is stored, or any server, computer or database connected to the Website,
- or to otherwise attempt to interfere with the proper working of the Website.

7. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
and/or terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

You waive and hold harmless KEAP from any claims resulting from any action taken by KEAP during or as a result of its investigations and from any actions taken as a consequence of investigations by either KEAP or law enforcement authorities.

8. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include or link to content provided by third parties, including materials provided by other users, bloggers, and other third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by KEAP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinion of KEAP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our site or other transactions for the sale of goods formed through the Website, or as a result of visits made by you are governed by our Terms of Service, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are incorporated by reference into these Terms of Use.

12. LINKING TO THE WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

13. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. GEOGRAPHIC RESTRICTIONS

KEAP is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. DISCLAIMER OF WARRANTIES

KEAP cannot and does not guarantee or warrant the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. KEAP is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any Website linked to it.

Your use of the Website, its content and any services or products obtained through the Website is at your own risk. The Website, its content and any services or products obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither KEAP nor any person associated with KEAP makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither KEAP nor anyone associated with KEAP represents or warrants that the Website, its content or any services or products obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or products obtained through the Website will otherwise meet your needs or expectations.

KEAP disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

16. LIMITATION ON LIABILITY

To the fullest extent provided by law, in no event will KEAP, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or products obtained through the Website or such other websites, including but not limited to any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

17. INDEMNIFICATION

You agree to defend, indemnify and hold harmless KEAP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

18. GOVERNING LAW AND JURISDICTION

All matters relating to the Website, these Terms of Use, the Terms of Service, and the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Website, these Terms of Use, the Terms of Service, or the Privacy Policy will be instituted in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Ulster. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with KEAP and limits the manner in which you can seek relief from us.

19.1 BINDING ARBITRATION

Notwithstanding Section 18 above, you and KEAP agree that any disputes, disagreements, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related in any way to the Terms of Use, Terms of Service, the Privacy Policy, the Website, any content on the Website, or any services or products obtained through the Website, including but not limited to Disputes that arose between us before the effective date of the Terms of Use, Terms of Service, or the Privacy Policy, will be resolved by binding arbitration, rather than in court, except that:
- you and KEAP may assert individual claims or seek individualized relief in small claims court if such claims qualify and remain in small claims court;
- and you and KEAP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

You and KEAP waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and KEAP are instead electing that all Disputes be resolved by arbitration under this Section 19, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

19.2 NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS

You and KEAP agree that any Dispute arising out of or related to the Terms of Use, Terms of Service, the Privacy Policy, the Website, any content on the Website, or any services or products obtained through the Website is personal to you and KEAP and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and KEAP agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and KEAP agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. Subject to this Section 19, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.

19.3 FEDERAL ARBITRATION ACT

You and KEAP agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 19 are both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

19.4 NOTICE; INFORMAL DISPUTE RESOLUTION

You and KEAP agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Your notice to KEAP will be sent by certified mail or courier to KEAP Co., Attn: Dispute, 79 Hurley Ave, Ste 108., Kingston, NY, 12401.

Your notice must include:
- your name, postal address, telephone number, the email address you use or used for your KEAP account and, if different, an email address at which you can be contacted,
- a description in reasonable detail of the nature or basis of the Dispute,
- and the specific relief that you are seeking.

Our notice to you will be sent electronically and will include:
- our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute,
- a description in reasonable detail of the nature or basis of the Dispute, - and the specific relief that we are seeking.

If you and KEAP cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or KEAP may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.

19.5 TIME LIMITATION ON BRINGING DISPUTES; PROCESS

Except for disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and KEAP agree that any dispute must be commenced or filed by you or KEAP within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and KEAP will no longer have the right to assert such claim regarding the dispute).

Unless you and KEAP otherwise agree:
- any arbitration will be conducted in the State of New York, County of Ulster,
- arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are incorporated by reference herein (and which can be reviewed at https://www.jamsadr.com/adr-rules-procedures/),
- and that the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of Ulster, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

19.6 AUTHORITY OF ARBITRATOR

As limited by the FAA, these Terms of Service, and the applicable JAMS rules, the arbitrator will have:
- the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable,
- and the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service.

The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

19.7 RULES OF JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either:
- acknowledge and agree that you have read and understand the rules of JAMS,
- or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

19.8 OPT-OUT RIGHT

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by writing to: KEAP Co., Attn: Dispute, 79 Hurley Ave, Ste 108., Kingston, NY, 124015. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

20. WAIVER AND SEVERABILITY

No waiver by KEAP of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KEAP to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent required by law and all remaining provisions of the Terms of Use will continue in full force and effect.

Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

21. ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and Terms of Service constitute the sole and entire agreement between you and KEAP with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

22. YOUR COMMENTS AND CONCERNS

The Website is operated by KEAP, 79 Hurley Ave, Ste 108, Kingston, New York 12401.

All notices of copyright or other infringement claims should be sent to at TheLab@KeapBK.com with “Infringement” in the subject line.

If you would like to provide feedback, comments, requests for technical support and other communications relating to the Website, please contact us at TheLab@KeapBK.com with “Website Terms of Use” in the subject line.