Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Ownership

https://www.keetsa.com and the websites for individual locations accessed through the https://www.keetsa.com websites (collectively, the “websites”) offer information on intellectual properties that are managed, franchised, or operated by https://www.keetsa.com and its affiliates (collectively, "we" or "us"), products offered by us, and other general information. Access to and use of the websites is subject to all specific terms and conditions set forth on the individual pages within the websites and all applicable laws and regulations, including laws and regulations governing copyright and trademark. We reserve the right to change any of the terms and conditions contained herein or any information contained in the websites. Any such changes will appear on the individual pages of the websites and/or on this screen. By using the websites, you agree in advance to accept any such changes.

 

Use of our website—https://www.keetsa.com

• You may use our websites if you are 18 years of age or older and can enter into binding contracts.
• You are responsible for maintaining the secrecy of your passwords, login, and account information.
• You are financially accountable for all uses of the websites by you or anyone using your password and login information.
• You may only use the websites to make legitimate applications, reservations, or purchases.
• You may not use the websites to make false, fraudulent, or speculative applications or any application in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these terms and conditions. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the websites.
  

 

Promotional information

We may make information available on the websites regarding specific programs, offers, or promotions that we are conducting. Any such program, offer, or promotion is subject to the specific terms, conditions, and restrictions listed on the websites. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Each program, offer, and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions, and restrictions included on the websites in connection with each program, offer, or promotion.

 

Availability

The websites are available worldwide to anyone with Internet access. Please note that despite such availability, the website is only intended for users who reside in the United States of America. Also, the websites may not be continuously available owing to maintenance or repairs or to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. The websites contain information on our products and services, not all of which are available in every location. A reference to a product or service on the website does not imply that such product or service is or will be available in your location. The content of the websites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

 

General

The terms and conditions on this page apply to your use of the websites, including all transactions you initiate through the websites. If a court finds any of the terms to be unenforceable or invalid, the unenforceable or invalid term will be enforced to the fullest extent permitted by applicable law, and the other terms will remain valid and enforceable. The terms, together with our privacy policy and the items made a part of these terms by reference, make up the entire agreement between us relating to your use of the websites and replaces any prior understandings or agreements (whether oral or written) regarding your use of the websites.

 

Third Party

We use third-party service providers to help us provide our Services. They will have access to your information as is reasonably necessary to perform the contracted tasks on our behalf. We sign contractual agreements to obligate them to protect personal information, only use it to deliver the contracted services to us, prohibit them from selling it and not disclose it without our knowledge and permission.

 

Warranty disclaimer

You use our websites at your own risk. The websites contain information, facts, and opinions from a variety of individuals and organizations. These websites are provided on an “as is” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Neither https://Keetsa.com nor its affiliates, agents, and representatives endorse or are responsible for the accuracy or reliability of any opinion, advice, or statement on the sites.

 

Limitation of liability

Neither we nor any of our subsidiaries, divisions, affiliates, agents, representatives, or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your access or use of, or your inability to access or use, the websites or any materials, opinions, or recommendations of third parties on the websites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against us and our subsidiaries, divisions, affiliates, agents, representatives, and licensors arising out of your use of the websites or any materials, opinions, or recommendations of third parties on the websites.

 

Links

We do not review or monitor any websites linked to our websites and are not responsible for the content of any such linked sites. You link to such websites at your own risk. In addition, you agree not to link your website or any other third-party website to our websites without our expressed prior written consent.

 

Legal Disputes

YOU AND KEESTA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any dispute between you and Keesta, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates or parent company arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships that result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration according to the Dispute Resolution Through Arbitration provisions on below. Neither Keesta nor you are entitled to arbitrate any dispute as a representative, class or private attorney action, and the arbitrator(s) will have no authority to proceed on a representative, class or private attorney general basis. These Terms of Use will be governed by and construed under the laws of the State of California and any applicable United States laws (including federal arbitration law), without regard to conflicts of law principles.

 

Dispute Resolution Through Arbitration

This is a binding legal agreement between you and Keesta. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.

 

By purchasing and using any of our Services, you accept and agree to resolve any disputes through individual arbitration as described below, unless you opt out of this dispute resolution procedure within 30 days of purchase as described below.

 

You and Keesta agree that, except for disputes that qualify for small claims court, any disputes arising out of or relating to your purchase and use of our Services or the condition or performance of our Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding individual arbitration by a neutral arbitrator, instead of in court by a judge or jury. This applies to claims that may be asserted against Keesta , against any affiliate or employee of Keesta , or against any retailer from which you purchased your Keesta product, which shall be considered third-party beneficiaries of this agreement. You and Keesta agree that that any arbitration under this paragraph will take place on an individual basis, and mutually waive any right to sue in court, to have a trial by jury, and to bring or participate in a class action.

 

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to their Streamlined Arbitration Rules & Procedures, which are available, together with instructions on bringing an arbitration, on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration . JAMS arbitrations of consumer claims are subject to JAMS Consumer Arbitration Minimum Standards, which are available at http://www.jamsadr.com/consumer-minimum-standards . If you initiate arbitration against Keesta , the only fee for which you will be responsible is $250, which is less than most court filing fees; all other costs, including JAMS’s Case Management Fee and the arbitrator’s professional fees, will be borne by Keesta .

 

The arbitrator will have the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement. The arbitrator will have the power to grant whatever relief would be available for your individual claim in a court under law or equity.

 

Please note that you have the right to opt out of this procedure for resolving any disputes through arbitration by opting out within 30 days of your purchase of our Services. Opting out is at no penalty to you and you may retain and use our Services. To opt out, please send an email to info@keetsa.com or hard copy letter to:

 

Keetsa Inc.
44 Mercer Street
New York, NY10013
United States

 

that includes your name, address, email address, phone number, proof of purchase including date of purchase, and the statement “Opt Out of Arbitration.”

 

Copyrights and trademarks

The content included on the websites—including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks—is the property of https://www.keetsa.com or its licensors or suppliers and are protected by copyright, trademark, and other laws.

 

All Rights Reserved. Information subject to change without notice.

 

Privacy Notice

We have produced a privacy notice because we understand and value the importance of protecting individuals’ privacy rights. Our Privacy Policy, which is a part of these Terms of Use, explains why we collect your information, what information we collect, how we collect it, what we use it, and how you can give us instructions if you'd rather limit how we use information about you. We strongly advise reading our Privacy Policy.