Terms & Conditions

TERMS OF SALE

Last Updated: April 4, 2024

The following terms apply to your purchase of the products (“Product(s)”) Keter US Inc. (“Keter”) offers on www.keter.com (the “Website”). The Terms of Use also apply. Please review the Terms of Sale and Terms of Use before making a purchase. By making a purchase, you confirm your agreement to all of the terms and conditions of the Terms of Sale and Terms of Use.

Discount Offer. From time-to-time, at our discretion, we may offer a discount code for joining our mailing list. The offer is subject to restrictions, including the following:

The code is valid only on the Website, only in the United States and is subject to the all of the Website terms and conditions. The code may only be used one time. The code will only be issued one time to the e-mail address that signs up for the Keter mailing list or newsletter. The specified discount will be applied on full price items and cannot be applied to any sale items. If the order includes both full price and sale items, the discount will be applied only to the non-sale items in the order to which the code is applied. The discount cannot be combined with any other offers or promotions. The discount cannot be applied to shipping, taxes or prior purchases. If you return or cancel an item purchased using the discount code, you will not be refunded the discounted amount on the purchase and the code will not be restored for future use. The offer has no cash value and is void where prohibited. Keter reserves the right to withdraw or modify the offer at any time. California residents should review the Notice to California Residents in Section 5.4.7. of our Privacy Policy. Other restrictions may apply.

Sale Event. To be eligible for the indicated sale discounts on select items, online orders must be submitted after 12:00 a.m. MDT on April 8, 2024 and before 11:59 p.m. MDT on April 22, 2024. Exclusions apply as indicated. Discount applied at checkout. Discount applies pre-tax and does not apply to gift cards, taxes, or shipping and/or handling fees. Cannot be applied to previous purchases. Cannot be used in conjunction with other offers or promo codes on the same items. Purchase quantities may be limited. Not redeemable for cash or credit. Offer may be terminated or modified at any time without notice. Other restrictions may apply.

Access to and Accuracy of the Website. Keter takes reasonable efforts to ensure that information on the Website is complete, accurate and current. Despite Keter's efforts, however, access to and the accuracy of the Website is provided “AS IS” and “AS AVAILABLE.” Information on the Website may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. We may make changes in information about price and availability without notice (but will notify you if a previously-placed order is affected).  Before placing an order for a Product on the Website (“Order”), you should ensure that the Product you intend to purchase is compatible with your intended use. Keter does not guarantee the availability of any Product and reserves the right, without liability or earlier notice, to change, discontinue or stop making and/or selling any Product, temporarily or permanently, whether before or after acceptance of your Order. We will notify you if your Order is affected. We try to ensure Products listed on the Website are in stock but, from time-to-time, some Products may be unavailable even if the Website indicates that they are in stock and available. Adding a Product to your Shopping Cart and/or receiving confirmation of your Order does not guarantee the availability of the Product. Keter reserves the right to cancel an Order if the Product is out of stock, otherwise unavailable or we identified an error in the price or description of the Product. We will notify you by email if we cancel your Order. While Keter takes all reasonable care to ensure that the information on the Website is accurate, Keter reserves the right to correct errors or inaccuracies and to change or update such information at any time without notice and such change or update will apply to all orders placed after such changes and/or updates take effect. 

Placing an Order. Payments for the Order shall only be made by credit or debit card, or other payment method made available by us or by any payment provider you choose to use with whom we maintain an integration (e.g. PayPal, Afterpay) (collectively, “Payment Method”). Other means of payment, such as check or wire transfer, are not available unless otherwise expressly stated at the time of purchase. You represent and warrant you have the legal right to use the payment card or other Payment Method used by you to purchase the Product. To place an Order, you should add the items you wish to purchase to the Shopping Cart. Prior to the online checkout, carefully review the items in the Shopping Cart. You can add and/or remove items and update quantities as needed. You should carefully check the Order prior to completing it, in all respects. During the checkout process, you will be required to accept the Terms of Sale, Terms of Use (collectively called Terms & Conditions) and Privacy Policy. If You choose to use a Payment Method provided by a third party payment processor, you will also be required to accept the third party payment processor’s terms of use and privacy policy. In any event, you will be required to input personal information, including your name and address. If you are ready to proceed with the purchase, you must click on the “Place your order” button to place your Order. After placement of an Order, Keter or the relevant third party payment processor will perform a check of the Payment Method with the appropriate third parties (e.g. card company or credit bureau) and only after receiving an approval from the relevant third party/ies, Keter will send an email to you confirming the Order (provided the Order is not cancelled as provided in these Terms of Sale). If the transaction is not be approved by the relevant third party/ies, a notice will be displayed on the Website and the Order shall be deemed not to have been executed.  

Keter shall not be responsible for any delay in delivery and/or non-provision of a Product caused by incorrect, inaccurate or incomplete details provided by you during placement of the Order or if you provide a delivery address outside of the available shipping destinations specified in the shipping policy. Keter shall not be liable for any delay or failure in supply caused by force majeure and/or events beyond Keter's control, including supply shortages, strikes, downtime, etc. 

You agree that Keter may send you notices by email related to your Order, including confirmation and shipping updates. If you provide your telephone number, you agree that the shipping carrier may provide you text messages to update you regarding the shipping of your Product, where permitted by law. These text messages are provided by the carrier and Keter has no liability or responsibility for these messages. Text “STOP” in reply to a received message to opt-out of these texts.  

The risk of loss for and title to Products purchased on the Website passes to you upon delivery to the carrier.

Availability of Products, Services and Features. All features, content, and Products and services available on or through the Website, including, but not limited to, prices of such Products and services, are subject to change at any time without notice. In addition, any feature, content, Product or service may be discontinued at any time in Keter’s sole discretion without notice. The inclusion of any features, content, Products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time and in your location. Keter reserves the right to, at its discretion and without notice, limit the quantity of a Product that may be purchased; refuse to provide a Product to you and/or prevent you from completing an Order. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws and regulations (including minimum age requirements) in regard to the possession, use and sale of any service or Product purchased from the Website. By placing an Order, you represent that the Products ordered will be used only in a lawful manner.

RETURNS

Products in "new condition" may be returned to us if eligible and you submit a return request no later than 30 days after you receive the order. In order for products to be considered in "new condition", they must be UNOPENED and contain all original product packaging and accessories. Returns will be charged a 15% restocking fee and the cost of product pick-up (the cost Keter incurs to pick up the product from your residence). Restocking fees are necessary for us to receive and inspect returned items and return items to inventory, so we do not ship defective or damaged products to future customers. Restocking fees and pick-up costs will not apply if we shipped the item to you in error. Restocking fees do not apply where prohibited by applicable law. Restocking fees will be taxed in select states as required by applicable law. See below for more information on how the refund is calculated.

How to Return your Item(s)

Item must be unopened and contain all original product packaging and accessories. You must make sure the item is securely packaged to prevent damage during return shipping. The pick-up carrier may refuse to pick up the product if it does not meet these requirements.

Submit a request to return your item here. All returns require authorization from Keter. Returns will not be accepted unless you have obtained this authorization.

Small Parcel Returns (Generally items under 150 lbs.)

You will be given a date that a pick-up service will arrive to pick up your item. The item must be accessible to the carrier in front of your residence.

Large/Heavy Item Returns (Large items such as sheds)

You will be given a date that the pick-up service will arrive to pick up your item. The item must be accessible to the pick-up service in front of your residence.   

Receiving and Calculating Your Refund

Keter will process refunds upon the confirmation of pick-up of the item(s) in unopened, undamaged condition from the pick-up carrier. Refunds will be issued in the same form of payment that was originally used to purchase the item(s). The total refund amount will be the amount you paid for the product (after any applied discounts or coupons) plus applicable taxes minus return pick-up costs and a 15% restocking fee (unless prohibited by applicable law) and required taxes. The 15% restocking fee will be applied to the total pre-tax amount you paid for the product (after any applied discounts or coupons). Refunds do not include shipping charges you paid to have the product delivered to you. The refund will include any appropriate sales taxes you paid, but will exclude taxes applied to the restocking fee if required by applicable law. Keter customer service will provide you an estimated pick-up cost, but the actual pick-up cost will be deducted from the total refund. The amount of any applied discount or coupon will not be refunded. Please note that it can take 5-10 business days for the refund to be issued by Keter. Depending on the payment method you used, it can also take time for your bank or payment processor to process the refund back to your card or account. 

Example of a Refund (for purposes of this example, taxes are not included as they vary by jurisdiction):

1. Total Purchase Cost: $1500 (after discounts, coupons, and excluding shipping charges and pre-taxes)
2. Product Pick-Up Cost: $250
3. Restocking Fee: $225 
4. Refund: $1025 (plus/minus applicable taxes)

Cancellations

You may cancel your order for a full refund before it is released to the warehouse in preparation for shipment. Submit a request to return cancel your order here and Keter will confirm if the cancellation can be completed. If the order has already been released to the warehouse than you will not be able to cancel the order and will have to process a return.

GENERALSHIPPING INFORMATION

Items cannot be shipped to PO Boxes or military APO/FPO addresses. Items only ship to contiguous 48 states in the United States (no HI, AK or U.S. Territories). Shipment to residential addresses only.

Standard Orders

Processing/Shipping: Orders received will ship from the distribution center within 3-7 business days. Orders received after 5 pm EST will be processed the next business day.

For some items a delivery surcharge is included to partially offset the actual delivery cost. You will be notified of the amount prior to purchase.

Estimated Delivery:

• Small Parcel Delivery: Estimated 3-5 business days from the time your order ships. Ships via FedEx Ground.
• Large Item Delivery (generally sheds and items 150+ lbs): Estimated 5-12 business days from the time your order ships. Ships via freight carrier. 

Estimated shipping and delivery dates are provided as estimates only and may change due to factors beyond our control. We are not responsible for delays in shipping and delivery due to such factors. If you have questions regarding any shipping or delivery delays, please contact us here.  

Multiple Items

Orders with multiple items may be shipped in separate packages to speed delivery. You may receive separate shipping confirmation e-mails.

Shipping Conditions

You must be able to receive postal delivery at your residence, or your delivery may be denied.

Residential addresses only. No commercial or business addresses can be used for standard delivery shipments. Items will be delivered to front of residence only. Carrier will not enter residence or carry large items inside.

Shipments are only available in the 48 contiguous states in the United States, (no HI, AK or U.S. Territories).  

The total amount of time for order processing, shipping and delivery is dependent upon the following factors, among others:

• The availability of the product(s) you are ordering
• The day and time your order was received
• A successful payment authorization
• The selected shipping method
• The carrier(s) delivering the order(s)
• Your location

Order Tracking

Login to your account on Keter.com, where you can check the status of your order, track the delivery and lookup your order history.

Distribution Center Closed on the Following Holidays:

New Year's Eve, New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving & the day after Thanksgiving, Christmas Eve & Christmas Day.

Free Shipping Promotions

We may occasionally offer free shipping for qualifying purchases through announcements on our website, newsletter, social media and other methods. We may also offer free shipping for certain items by noting “free shipping” in the product listing and/or description. Your purchase must comply with any terms and conditions of a free shipping promotion and this Shipping Policy in order for free shipping to apply. The qualifying item must be available for immediate shipment within the 48 contiguous United States. Free shipping promotions are valid online only at www.keter.com and may not be applied to previous purchases. Free shipping promotions by Keter are not valid at third-party retailers.

Free shipping promotions apply to Standard Shipping only. Some jurisdictions tax shipping charges. Free shipping does not include taxes where required by law.

We may cancel and change free shipping promotions and products eligible for free shipping at any time. Such changes will not affect your order if your payment is processed prior to the change . 

Tax

State and local sales taxes may apply. All deliveries to taxable states will be taxed the applicable sales tax on the subtotal of items plus shipping.

Taxes shown on the web site are an estimated tax. The true amount charged to your credit card will be shown on your shipping confirmation e-mail.

PRODUCT WARRANTY POLICY

EXCLUSIONS TO ALL KETER PRODUCT WARRANTIES: THE USE OF ALL KETER PRODUCTS ARE DEFINED FOR PRIVATE USE AND NOT FOR ANY COMMERCIAL OR PUBLIC USE. ANY SUCH USE WILL CAUSE THE PRODUCT WARRANTY TO BE VOIDED. ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE WEBSITE ARE SUBJECT TO THE WARRANTY PROVIDED BY KETER, IF ANY, AND IN ACCORDANCE TO THE TERMS OF THE WARRANTY. THE PERIOD OF WARRANTY WILL BE SPECIFIED IN THE WARRANTY CERTIFICATE. THE WARRANTY IS GIVEN FOR CASES OF DEFECT IN THE MANUFACTURE THAT ARE DISCOVERED BY A REASONABLE USE OF THE PRODUCT. THE WARRANTY WILL BE GIVEN TO A CUSTOMER THAT PRESENTS A DOCUMENT FOR PROOF OF PURCHASE. ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS WEBSITE ARE SUBJECT TO STATUTORY WARRANTIES IF AND TO THE EXTENT PROVIDED FOR BY APPLICABLE LAW. KETER HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, INCORRECT INSTALLATION BY THE CUSTOMER, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

You may elect to retain the services of TAYLOR DEVELOPMENT GROUP LLC dba Kandu ("Kandu") for Product assembly. Kandu is not affiliated with Keter and we specifically disclaim any liability in connection with their services. Kandu's services are governed by Kandu's Terms of Use.

These Terms may be changed at any time. We will notify you of such changes by posting them on the Sites. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively demonstrates your acceptance of those changes.

TERMS OF USE

Last Updated: April 4, 2024

These Terms of Use (“Terms”) apply to this website and other sites or applications that are under our control if we post these Terms to the site or application (collectively, “Sites”). These Terms are a legally binding contract between Keter US Inc. (including wholly and partially owned subsidiaries of Keter US Inc. if applicable) (“Keter,” “we” “our” or “us”) and any person who elects to use the Sites (“you” or “your”). By using the Sites, you agree to be bound by all of the terms and conditions of these Terms as such terms and conditions may be modified by us from time-to-time. If you do not agree to all of the terms and conditions of these Terms, do not use the Sites. 

Under Section 14 below, any disputes or claims related to these Terms will be resolved by arbitration to the extent permitted by law. These Terms contain a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Section 14.  

1. Age Restriction

The Sites are intended for persons who are at least 18 or older and are of legal age to form a binding agreement. If you are under 18, or not of age to form a legally binding agreement, you may not access or use the Sites.

2. Privacy Policy

All information provided and collected through the Sites is subject to our Privacy Policy, which is hereby incorporated into and made part of these Terms.

3. Additional Terms

Your transactions through the Sites are subject to additional terms and policies, including without limitation Terms of Sale, Shipping & Returns, Warranty, FAQ and other policies posted on the Sites (collectively, “Additional Terms”). The Additional Terms are hereby incorporated into and made part of these Terms and are intended to supplement, not replace, these Terms. However, to the extent of any conflict between these Terms and Additional Terms, the Additional Terms will control. Additional Terms may be modified or added from time-to-time and shall become effective immediately upon posting on the Sites.

4. Passwords and Security

You may be required to create an account to access certain features and make purchases on the Sites. When you register for an account, you agree to submit accurate and complete information and to update such information as required from time-to-time. Each person may have only one account. If we suspect that your information is inaccurate, duplicate or incomplete, we may suspend or terminate your access to the Sites. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information to confirm your identity. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. If you require a username or password reset, your information may be permanently deleted. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. 

5. System

With respect to the Sites and related software, source code, platforms, servers and interfaces, whether owned by us or third parties (collectively, “System”), you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or these Terms. 

6. Copyright, Trademarks, Content and Other Intellectual Property

All content and other materials available at or through the Sites, including without limitation trademarks, service marks, trade names, images, publications, articles, guides, audio, text, software, designs and the “look and feel” of the Sites (collectively, “Content”) are owned and/or licensed by us and/or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may access Content only for your own informational and non-commercial purposes, provided that you comply with these Terms with respect to such Content. Nothing herein creates a license for you to use Content in any other manner. You may not use any Content for commercial purposes or reproduce, republish, distribute, display, perform, modify, transmit, or sell Content without our express written permission. Without limiting any other disclaimers herein, we expressly disclaim any liability or responsibility arising out of actions or inactions you or others take based on the Content. All rights not expressly granted to you in these Terms are reserved by us and/or our licensors.

7. Copyright Infringement

If you believe any material on the Sites infringes a copyright, you must provide us written notice to:

Keter DMCA Agent

Keter US, Inc.

6435 S. Scatterfield, Road, Anderson, IN 46013

1-888-374-4262

marketing-na@keter.com

The notice must contain:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Submissions and Product Reviews

We do not accept any unsolicited ideas including without limitation images and suggestions about promotion of the Sites, our products, additions to our product lines or services, or changes in methods of doing business. If, notwithstanding this policy, you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, similar materials (“Submissions”), you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.

If you provide us with any product review or product rating we may use the product review(s) and/or product ratings in a number of different ways, including by publicly displaying them, reformatting them, incorporating them into advertisements and other works, creating derivative works from them, promoting them, distributing them, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to Use the reviews and ratings you provide, and all content contained therein (including without limitation any text, photos or audio-visual material submitted therein or provided in conjunction therewith) (collectively, “Reviews and Ratings Content”) for any purpose and in any media. You also irrevocably grant the users of the Site and any Other Media the right to access the Reviews and Ratings Content in connection with their use of the Site and any Other Media. You irrevocably waive, and cause to be waived, against Keter and its users any claims and assertions of moral rights or attribution with respect to Reviews and Ratings Content. For purposes of this Section, "Use” means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, reject, analyze, commercialize, and prepare derivative works. You represent and warrant that: (i) Use of your Reviews and Ratings Content does not violate these Terms and will not cause injury to any person or entity, (ii) that you have used or purchased the product/service you are reviewing and the Reviews and Ratings Content presented is setting out your truthful, first-hand experience of using or purchasing the product, (iii) that the Reviews and Ratings Content does not contain any content for which you were compensated or granted any consideration by any unapproved third party, (iv) that you have disclosed in your Reviews and Ratings Content any and all incentives and/or compensation related to such posting; and (v) that the Reviews and Ratings Content does not contain any content that includes any information that references other websites, addresses, email addresses, contact information or phone numbers.

9. Prohibited Conduct

You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material (including without limitation any Reviews and Ratings Content) in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, hateful, racially or religiously biased, discriminatory, offensive, harassing, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the System or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the System in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the System; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the System or any Content unless we have authorized such use; (f) take any action that imposes an unreasonable or disproportionately large load on the System; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; (j) interfere with or disrupt the integrity or performance of the System or the data contained therein; or (k) access the System or Content in order to build a competitive product or service, copy any features, functions or graphics of the System or Content or monitor the availability and/or functionality of the System or Content for any benchmarking or competitive purposes.  

10. Other Applications and Websites

The Sites may contains links or other options to connect to third party applications and/or websites that are not owned or operated by us (collectively, “Linked Sites”). We do not have any control over Linked Sites and are not responsible for any information, functionality, products, services or content of such Linked Sites. Your use of the Linked Sites is subject to the privacy policies and terms of use of the Linked Sites and you should read and understand them before using any Linked Sites. Our use of Linked Sites does not mean that we sponsor or endorse the Linked Sites or any content available thereon, or that we have entered into a relationship with the entities owning the Linked Sites. You access and use Linked Sites at your own risk. We disclaim any responsibility for any harm resulting from your use or attempted use of Linked Sites.

11. Disclaimer

YOU AGREE THAT USE OF THE SYSTEM AND CONTENT IS AT YOUR SOLE RISK. THE SYSTEM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SYSTEM AND CONTENT WILL BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE SYSTEM AND CONTENT ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR DATA.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE SYSTEM OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SYSTEM AND CONTENT, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, hold harmless, and release us and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from and against any and all claims, demands, liabilities, damages, costs and expenses, including, but not limited to, attorneys’ fees and costs, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the System or Content; (ii) your violation of any terms of these Terms or any applicable law; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, (iv) any claim relating to any content you submit to us; and (v) any claim that your use of the System or Content caused damage to a third party. 

14. Arbitration and Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by individual arbitration in Delaware before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Delaware state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of Delaware without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than Delaware. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.

Any dispute resolution proceeding arising out of or relating to these Terms, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, private attorney general action, the consolidation of arbitrations or actions brought on behalf of third parties.

For any matters which are not subject to arbitration as set forth in these Terms, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in Delaware, which shall apply the laws of Delaware without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than Delaware.

To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.

You may opt-out of and not be bound by the arbitration and class action waivers set forth above by filling out your contact information in our Contact Us form, typing “Arbitration/Class Action Waiver Opt-Out” in the Comments field of the form, and submitting the form within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by the arbitration and class action waiver provisions. If you do not timely opt-out, these provisions will apply to you and us.

15. Miscellaneous

You agree that we may send to you any notices or other communications regarding the Sites and your interactions with the Sites and us (including transactions) in electronic form (such as emails, texts, mobile device notifications, and notices on the Sites) and that such electronic form will satisfy any legal requirements that communications or notices be in writing. By providing your mobile phone when you make a purchase, you consent to our sharing the number with the shipping carrier and our and/or the carrier texting you shipping notifications.

The Sites are controlled and operated by us from our offices in the United States. We make no representation that that the Sites are available in, appropriate for or comply with laws outside the United States. If you access the Sites outside the United States, you do so at your own risk and are responsible for complying with your local laws and regulations; provided, however, that you agree that your access to the Sites does not subject us to any laws, regulations or jurisdictions of any area outside the United States.

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

You may not assign these Terms or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms (including, for the avoidance of doubt, any account and transaction information we have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of these Terms shall be null and void. These Terms shall be binding on all permitted assignees.

Sections 2, 3, 5, 6, 7, 8, 9-15 and other sections that should survive in order to enforce the intent of these Terms shall survive the expiration or termination of these Terms.

We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Sites, delete Content, or terminate or restrict your access to the Sites. In addition, these Terms may be changed at any time. We will notify you of such changes by posting them on the Sites. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively demonstrates your acceptance of those changes.

For questions regarding these Terms, please contact us using our Contact Us form or write to us at Keter US Inc., 6435 S. Scatterfield, Road, Anderson, IN 46013.