TERMS OF SERVICE
Please Read the following Terms of Service and Disclaimers carefully before using this Web Site. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO KEEN SHARPENING, LLC YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF MISSISSIPPI LAW.
1. Acceptance of Terms
This platform on which these terms reside (the "Site"), including the features and services made available through the Site, is owned or operated by Keen Sharpening LLC ("Keen Sharpening"). By using this Site, you agree to be legally bound by these Terms of Service. If you do NOT agree to these Terms of Service, please do NOT use this Site. Keen Sharpening reserves the right to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. We also may modify these Terms of Service from time to time without notice to you, unless otherwise required by applicable law. You should visit this page regularly and review these Terms of Service for the current terms. This Site is intended for and applicable only for individuals who are legal residents of the US currently residing in one of the fifty (50) United States or the District of Columbia and at least 18 years of age or older. If you are not a legal resident of the US currently residing in the one of the fifty (50) United States or District of Columbia and 18 years of age or older, please stop and discontinue your use of this Site.
2. Your Use of Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) (collectively, “Content”) is the exclusive property of and owned by Keen Sharpening LLC., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print Content on the Site solely for your personal, private and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. Keen Sharpening or its licensors or content providers retain full and complete title to the Content, including all associated intellectual property rights. Keen Sharpening neither warrants nor represents that your use of Content on this Site will not infringe rights of third parties.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service or any applicable laws. You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all export restrictions that may apply to goods, software, technology, and services.
From time to time, Keen Sharpening may ask that you submit your feedback through the Site. Any communication or material you transmit, or post will be (a) treated as non-confidential and non-proprietary, (b) become the property of Keen Sharpening and Keen Sharpening shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Keen Sharpening, its affiliates, their respective agents and licensees at their sole discretion without any obligation, attribution, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Keen Sharpening shall be under no obligation to use or respond to any such communication. We ask that you not send us any material that you do not wish for us to own.
When you use our Site, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. SMS Alert and Notification Services
Keen Sharpening may offer users the ability to subscribe to SMS Alert and Notification services. By agreeing to receive text messages from us, you agree to receive periodic autodialed SMS or text message notifications by or on our behalf for transactional and marketing purposes to the phone number you provided. You acknowledge that consent is not a condition or requirement for any purchase. You understand and agree that by opting in to receive text messages, you are providing your digital signature. Message and data rates may apply to each text message sent or received in connection with our text message services, in addition to any applicable roaming charges. Not all carriers are covered and supported carriers may change from time to time. Keen Sharpening does not guarantee availability or performance of the text message service and you understand that transmission delays and message failures may occur. If you wish to unsubscribe from our text message services and notifications, reply with STOP, CANCEL, QUIT, UNSUBSCRIBE, or END to any text message sent from us or on our behalf or use the unsubscribe link we provided you with in any of our text messages sent through these services. You will receive a text confirming you opted-out. You understand and agree that alternative methods of opting out, such as using alternative words or requests may not be an effective means of opting out. For more information or questions please text HELP to the number you received the messages from or by emailing our Customer Service team at email@example.com. You can also contact us using the details below for more information.
You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying Keen Sharpening immediately if you change the telephone number that you provided. You may notify Keen Sharpening of a number change by emailing our Customer Service team at firstname.lastname@example.org. You agree to indemnify Keen Sharpening, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, "Indemnified Entities") for any claims, expenses, and/or damages to the extent caused by your failure to notify Keen Sharpening if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Keen Sharpening may suspend or terminate your receipt of text messages at any time. PepsiCo reserves the right to modify or discontinue, temporarily or permanently, all or any part of Keen Sharpening's text message services, with or without notice.
5. Terms of Payment
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Keen Sharpening the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Keen Sharpening reserves the right, with or without prior notice, to do any one or more of the following except to the extent prohibited by law: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.
All goods and services available on the Site are subject to change without notice and is available while supplies last. You hereby expressly accept and agree that Keen Sharpening, at its sole discretion, reserves the right (without obligation) to substitute goods of greater or equal value in the event products of any one item run out. Goods may be available only in limited quantities and will be distributed on a first-come, first-served basis. You should regularly consult the Site for updates regarding product availability. If an item is out of stock, Keen Sharpening, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Keen Sharpening, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value.
Keen Sharpening's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed. Keen Sharpening aims to describe and display its products accurately on the Site. However, some items on the Site may be described inaccurately or unavailable, and Keen Sharpening may experience delays in updating information on the Site and in our advertising on other Sites. As a result, Keen Sharpening cannot and does not guarantee the accuracy or completeness of any information, including product images, specifications, and availability. Keen Sharpening reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our shipping procedures, Keen Sharpening verifies the availability and the price before an item is shipped. If an item is no longer available, or if Keen Sharpening determines that there were inaccuracies in our product information, Keen Sharpening may cancel your order and notify you of such cancellation via email.
Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen below. The address must be in one of the forty-eight (48) contiguous United States or the District of Columbia. Currently we do not ship to Alaska or Hawaii. If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout.
Except to the extent required by law, no responsibility is assumed by Keen Sharpening for goods after they have been delivered to the carrier. The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier. Keen Sharpening reserves the right to charge you for shipping fees to re-ship any products that have been returned to Keen Sharpening due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.
8. Shipping Policy
Your order will typically arrive within 2-4 business days of shipment and unless otherwise stated. Please note the estimated delivery date on your order confirmation page or updated delivery dates in email notifications and any dates quoted for delivery of the products are approximate only Delivery times may vary, especially during peak periods.
Keen Sharpening offers a variety of shipping methods, and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen the weight of the products you order among other factors. Shipping costs will be calculated at checkout or prior to shipment.
We do not ship internationally, to P.O. Boxes, or FPOS. To help ensure proper and efficient delivery of your order, your shipping address must be a street address.
9. Product Orders and Returns
All orders placed through the Site are subject to Keen Sharpening acceptance. This means that Keen Sharpening may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else.
Orders are cancellable with the exception of a non-refundable deposit fee. Please reach out to Keen Sharpening at email@example.com with any concerns.
11. Return and Refund Policy
All sales on keensharpening.com are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our office during their business hours (Monday-Friday 9am-5pm Eastern Time ("ET") to report the issue. All reports of issues or shortages must be reported within forty-five (45) days after delivery to receive support.
12. Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property or other proprietary rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
In addition, you are prohibited from using the Site: (a) for any unlawful purpose or to violate any law; (b) to collect, post or track the personal information of others; (c) to spam, phish, pharm, pretext, spider, crawl, or scrape; (d) for any obscene or immoral purpose; and/or (e) to interfere with or circumvent the security features of the Site or any other computer software, hardware, or equipment.
You grant Keen Sharpening and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display and otherwise exploit any material and information, including without limitation, any content, ideas, concepts, images, names, and any other likeness, you submit through the Site throughout the world in any media. We may receive personal information through this Site. You represent and warrant that you own or otherwise have all the rights to all of the content you submit and grant under these Terms of Service; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Keen Sharpening for all claims resulting from all content you supply.
13. Disclaimers; Limitation of Liability
KEEN SHARPENING MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE CONTENT, OR ANY OTHER MATERIALS OR FEATURES ON THE SITE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOUR USE OF THIS SITE AND RELIANCE OF ANY SUCH MATERIALS WILL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS. KEEN SHARPENING MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR ANY OTHER MATERIALS ON THE SITE WILL BE PRESERVED. PEPSICO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE INFORMATION AND SOFTWARE THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. If you download any material from this Site, you do so at your own discretion and risk. You are responsible to take customary precautions against computer viruses, inaccuracies, typographical errors or other defects, applications or any other material or information on or made available through the Site, and you are also responsible for any damage to your computer system or loss of data that results from the download of Content or any other material on the Site.
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KEEN SHARPENING OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION AND SOFTWARE CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KEEN SHARPENING'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL KEEN SHARPENING OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF KEEN SHARPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THIS PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF KEEN SHARPENING’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR THE INDEMNIFIED ENTITIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH P IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND KEEN SHARPENING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You agree to defend, indemnify and hold Keen Sharpening and the Indemnified Entities harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your and your dependent’s use of the Site or a breach of the Terms of Service.
15. Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Keen Sharpening and its parent company, affiliates and subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Keen Sharpening.
16. Third-Party Sites and Third-Party Content
Some of the content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any such content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by a third party will be at your own risk. You expressly agree to hold Keen Sharpening harmless for any claims of damage arising from any such content, product, or service provided by any third party.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. We respect your privacy and the use and protection of your personal information.
18. Applicable Law and Jurisdictional Matters
These Terms of Service are governed and interpreted under the laws of the state of Mississippi, United States of America. By using this Site, you consent to the jurisdiction of the federal and state courts located in Mississippi for any action or dispute arising from or in connection these Terms of Service. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS. These terms operate to the fullest extent permissible by law.
If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Keen Sharpening's failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit Keen Sharpening's rights with respect to such breach or any subsequent breaches.
These Terms of Service constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Keen Sharpening and is accepted by you upon your use of the Site or your account. These Terms of Service constitute the entire agreement between you and Keen Sharpening regarding the use of the Site and your account. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.
19. Billing; Pricing; Payment
Products, promotions, fees, taxes, and other costs may vary from time to time. For each subsequent order, we will send a pre-shipment notification prior to charging you. The total amount you will ultimately be charged for an order will be disclosed in the pre-shipment notification or lower if the price of the product is lower on our site as of the time your order is authorized. Once your order has shipped, your payment method associated with your account will be billed this amount. You remain responsible for any uncollected amounts. If you wish to make changes to your payment method, visit your account settings to set your preferences. If all payment methods are declined, you must provide an eligible payment method promptly or your Subscription may be canceled. You authorize us to continue to charge any payment method, including updated methods, associated with your account.
YOUR SUBSCRIPTION WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED. YOU CAN CANCEL AT ANY TIME VIA MY SUBSCRIPTIONS, WHICH CAN BE FOUND IN YOUR ACCOUNT.
We may, in our sole discretion, terminate or suspend our services at any time without notice. If we do so, you will be notified with 48 hours. You may contact us with questions at the contact information below.
Keen Sharpening LLC
1388 Lampton Hilltop Road
Columbia, MS 39429