Terms of Use

PLEASE READ THESE TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

This Agreement sets forth the terms of use for the website operated by kite+key, the Rutgers Tech Store, (“kite+key”), at kiteandkey.rutgers.edu/ (the “Site”). kite+key reserves the right to change, modify, add, or remove portions of this Agreement at any time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. Your continued use of the Site after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.

Additionally, when you (a) shop and/or make purchases, (b) complete the member registration process, (c) sign up for email notifications, or (d) use any other service offered by kite+key, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not usekiteandkey.rutgers.edu. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by kite+key and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms.

Privacy Policy
kite+key’s Privacy Policy is a part of this Agreement and is incorporated herein by this reference. Please review our Privacy Policy at kiteandkey.rutgers.edu/privacy-policy/. You understand and agree that by using the Site, we will collect personal information about you. You consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, and to receive communications from us electronically.

Scope of Use
kite+key invites you to view, use and download a single copy of this Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through this Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without the express written permission of kite+key.

Compliance with Laws
You agree to comply with all laws, rules and regulations applicable to your use of the Site.

Trademarks
“kite+key Marks” means KITE+KEY, RUTGERS TECH STORE and all other trademarks, service marks and other commercial symbols used in connection with Rutgers University, kite+key’s or its affiliates’ business. All kite+key Marks are the exclusive property of kite+key, its affiliates or third-party licensors, as the case may be. This Agreement does not authorize you to use any kite+key Mark, and you agree not to use any kite+key Mark in any manner without the prior written consent of kite+key, which consent may be withheld in the sole discretion of kite+key. Unauthorized use of any kite+key Mark may be a violation of federal and state trademark laws.

Purchasing Apple Hardware
The privilege of purchasing Apple Hardware at Apple Education Pricing is available to college students, students accepted into college, parents buying for college students, teachers, lecturers, staff and alumni at all levels. To qualify for such pricing on the kite + key website, you must register and checkout using your .edu email address. kite + key reserves the right to verify such an affiliation and cancel any orders that are unable to be identified as meeting the criteria.

Return Policy
You can return or exchange unopened or defective items within 14 days for a full refund. Simply bring your item(s) to us with all contents and packaging, proof of purchase and ID, and we will process your exchange or return back to its original form of tender or a kite + key gift card. Defective merchandise returned within 30 days will be exchanged for same product or like product when not available. Defective merchandise after 30 days please refer to Manufacturer’s warranty. See section 16 above for further information.

Copyright
This Site is protected by U.S. copyright laws and international treaties. All materials contained in the Site are the copyrighted property of kite+key or its affiliates or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Site, or any components thereof, without the express written permission of kite+key.

Links to Third Party Websites
This Site may produce automated search results or otherwise link you to other websites on the Internet. These other websites are not under the control of kite+key, and you acknowledge and agree that kite+key is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by kite+key or any association with its operators, and kite+key disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.

User Submissions
Certain areas of this Site may enable you to post content, submit emails, or otherwise provide feedback or other information to kite+key.

Your Provision of Personal Information To kite+key
When you provide information about yourself to kite+key, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or kite+key has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, kite+key has the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.

User Content on the Site
You understand that all information, data, or other materials that are posted on or transmitted in connection with the Site by you or another user (“User Content”) are the sole responsibility of the person from whom such User Content originated. This means that you, and not kite+key, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Site. kite+key does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will kite+key be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Site.

Your Conduct
In connection with your use of the Site, you agree to only use the Site for lawful purposes and you agree not to:

  • upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in the sole discretion of kite+key); or harms minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site;
  • upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the operation of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
  • collect or store personal data about other users.

Although kite+key does not pre-screen User Content, kite+key has the right (in its sole discretion), but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, kite+key has the right to remove any User Content that violates this Agreement.

Your Grant Of Limited License
By posting or submitting User Content to the Site, you grant kite+key and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the User Content in any form, anywhere and for any purpose, subject to kite+key’s Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that public posting and use of your User Content by kite+key will not infringe or violate the rights of any third party.

Registration and Passwords
The Site may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.

Disclaimer of Warranties
The site and all materials, information, software, products, and services included in or available through this site are provided “as is” and “as available” for your use. The site and all materials, information, software, products, and services included in or available through the site are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non infringement. kite+key and its affiliates do not warrant that the materials, information, software, products, and services included in or available through this site are accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. Your use of the site is at your sole risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability
Under no circumstances shall kite+key or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of, or inability to use the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability , or other legal theory, even if kite+key has been advised of the possibility of such damages. In the event some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, kite+key’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify and hold harmless kite+key, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User Content you submit, post, transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.

Securities Laws
This Site may include statements concerning kite+key’s and/or its affiliates’ operations, prospects, strategies, financial condition, future economic performance and demand for kite+key’s and its affiliates’ products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities laws safe harbors for forward looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of kite+key’s or its affiliates’ securities-related filings or documents.

Choice of Law and Jurisdiction
This Agreement shall be governed by the laws of the State of New Jersey without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of New Jersey. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

Equitable Relief
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, kite+key shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If kite+key seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.

Cumulative Remedy
The rights and remedies provided by this Agreement are cumulative and the use of any right or remedy by kite+key shall not preclude or waive their rights to use any or all other remedies.  Said rights and remedies are given in addition to any other rights kite+key may have by law, statute, ordinance or otherwise.

Attorneys’ Fees
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys’ fees and costs.

Severability
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver
Any waiver by kite+key of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by kite+key to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive kite+key of the right to insist upon strict adherence to that term or any other term of this Agreement.

Termination
kite+key reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.

Questions
If you have any questions about this Agreement, please send your request for information using the following form: kiteandkey.rutgers.edu/contact-us/ You can also send your request for information to the following postal address: kite+key, the Rutgers Tech Store, Livingston Campus Rutgers University, 55 Rockafeller Road, #30, Piscataway, New Jersey 08854

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