Terms of Use

Last Updated: 08/27/24
 

 If you are looking for our VIP Terms and Conditions for our Black Card program, click here.

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Powder Keg, Inc., a Colorado Corporation, doing business as Kemo Sabe (collectively, referred to as “Kemo Sabe,” “us”, “we”, or “our”), for your access to and use of this website https://www.kemosabe.com/ including any Content (“Site”). Please read these Terms of Use carefully.  For purposes of these Terms of Use, “Content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, text, source code, or other material that is available through the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content.

BY ACCESSING OR USING THE SITE IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

We may from time to time modify these Terms of Use and will post a copy of the amended Terms of Use at https://www.kemosabe.com/page/terms-of-use. If you do not agree to or cannot comply with these Terms of Use as amended, you should not use the Site. You will have accepted these Terms of Use as amended if you continue to use the Site after any amendments are posted on the Site.

THESE TERMS OF USE INCLUDE A JURY AND CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE (THAT IS NOT SUBJECT TO MANDATORY ARBITRATION) WITH A JUDGE ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE JURY AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 11.2 (JURY TRIAL AND CLASS ACTION WAIVER).

Table of Contents

Use the links below to toggle to each section.

1. SITE
2. YOUR USE AND RESTRICTIONS
3. PAYMENT AND BILLING
4. THIRD-PARTY WEBSITES
5. KEMO SABE INTELLECTUAL PROPERTY
6. CONTENT YOU PROVIDE TO US
7. ACCOUNT REGISTRATION AND SECURITY
8. DISCLAIMER
9. LIMITATION OF LIABILITY & INDEMNIFICATION
10. TERMINATION OF USE
11. GOVERNING LAW; JURISDICTION; AND WAIVER
12. MISCELLANEOUS PROVISIONS
13. QUESTIONS

 

1. SITE. Kemo Sabe provides the Site and products on the Site, including the ability to purchase custom Western wearables.
   1. Changes to the Site. We may, from time to time in our sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, or other error corrections, and/or new features and other modifications to our Site (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionalities of the Site including changes to the pricing structure and the addition of free or fee-based services. Any Updates that result in new features or augment or enhance the then-current Site shall also be subject to these Terms of Use. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality of the Site. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion of the Site (including Content) at any time. You agree that we will not be liable to you or any third party for any such change, suspension, or discontinuance.
   2. No Guarantee. Although we work hard to provide a quality Site, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site.
   3. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) we may use to provide you with the Site. You agree the Site is provided “AS IS” and that we assume no responsibility for the timeliness of, deletion of, misdelivery of, or failure to store any user communications or personalization settings.
2. YOUR USE AND RESTRICTIONS.  The Site may only be used for lawful purposes and in compliance with this Terms of Use.
   1. Additionally, you are prohibited from using the Site as follows:
      1. In any manner that violates any federal, state, international, or local law or regulation;
      2. In a manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;
      3. To threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;
      4. To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
      5. To attack our Site via a denial or service attack or distributed denial or service attack;
      6. To forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site;
      7. To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Site and/or the Site’s functionality;
      8. To use any data mining, robots, or similar data gathering and extraction methods from the Site;
      9. To collect or use any product listings or descriptions;
      10. To impersonate Kemo Sabe (including any Kemo Sabe officer or employee);
      11. In any manner that can reasonably be considered contrary to Kemo Sabe’s goodwill, public image, and overall reputation; or
      12. To express or imply that any user’s statements, activities, or causes are endorsed by Kemo Sabe.
3. PAYMENT AND BILLING. If you choose to purchase one or more of the products provided on our Site, you agree to be bound by our Terms of Purchase and pay all associated fees with the purchase.
   1. Charges. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to our third-party payments processor. By providing payment card information in connection with a purchase from our Site, you authorize our third-party payments processor to store your card information and use the card information as a payment method for purchases made through our Site. All billing information you provide in connection with your purchase must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems identified by us. If your order is canceled after your card (or other payment account) has been charged, we will issue a credit to your card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products selected as well as all shipping and handling charges and applicable taxes.
   2. Overdue Amounts. If, for any reason, your payment card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, suspend or terminate the delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
4. THIRD-PARTY WEBSITES.
   1. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some users may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the third-party’s website or third party by us, or any warranty of any kind, either express or implied.
   2. Third-Party Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
5. KEMO SABE INTELLECTUAL PROPERTY. The Site is the property of Kemo Sabe or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights in the Site whatsoever by downloading Content or by making a purchase on the Site. The Site is protected under applicable law and by any and all intellectual property and/or other proprietary rights available within the United States.
   1. Ownership of Content. By accepting these Terms of Use, you understand and acknowledge that all Content presented to you on the Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Kemo Sabe or its licensors.  All custom graphics, icons, logos and service names are registered trademarks, trademarks, or service marks of Kemo Sabe. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name “Kemo Sabe”.
   2. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from the Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of the Content violates our intellectual property interests and could result in criminal or civil penalties. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of the Site. You are expressly forbidden from engaging in web scraping on the Site or utilizing its Content for the creation or training of machine learning models, artificial intelligence systems, or any related technology without obtaining explicit written consent in advance from us. Web scraping, as used herein, encompasses the use of robots, spiders, scripts, services, software, or any manual or automatic tools designed for data mining or extracting Content or data from the Site, or any automated means of accessing or collecting such Content or data.
   3. No Warranty For Third-Party Infringement. We do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.
6. CONTENT YOU PROVIDE TO US.
   1. Your Intellectual Property Rights. Subject to our Privacy Notice, any communication or material that you transmit to the Site or us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Kemo Sabe and will not be returned to you. While you retain all rights to the User Content, you grant us (including our employees) a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
7. ACCOUNT REGISTRATION AND SECURITY.
   1. Login Required. Access to and use of certain portions of the Site may require you to register for an account. Our account registration page requests certain personal information from you (“Registration Information”). You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form.  You will have the ability to maintain and periodically update your Registration Information as you see fit, and you are responsible for keeping such information up to date.  By registering, you agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
   2. Passwords & Security. IF YOU REGISTER FOR AN ACCOUNT ON THE SITE, YOU AGREE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT, REGARDLESS OF WHO CONDUCTS THOSE ACTIVITIES. YOU MAY NOT SHARE YOUR ACCOUNT WITH ANYONE OR ALLOW ANYONE ELSE TO ACCESS OR USE YOUR ACCOUNT AND YOU MUST TAKE REASONABLE STEPS TO ENSURE THAT OTHERS DO NOT GAIN ACCESS TO YOUR PASSWORD AND ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR USERNAME AND PASSWORD. YOU AGREE TO IMMEDIATELY NOTIFY KEMO SABE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR USERNAME OR PASSWORD.
8. DISCLAIMER. ALL CONTENT AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIUM EXTENT PERMITTED BY LAW, KEMO SABE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SITE WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT MAY BE OBTAINED FROM THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM DEFECTS OR (E) OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.
   
   Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variants and deviations.
   
   THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, WE MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, WE WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.
   
   THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PART OR PARTS OF THE SITE, INCLUDING THE CONTENT THROUGH THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
   
   WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH THE SITE OR CONTENT AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES
   SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
9. LIMITATION OF LIABILITY & INDEMNIFICATION.
   1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      
      FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR SITE OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
      
      SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.  
   2. Indemnification. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and service providers harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that is otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. TERMINATION OF USE. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site, including your account accessible on the Site, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Site and account accessible on the Site and reporting you to the proper authorities, if necessary.
    
    Upon termination and regardless of the reason(s) motivating such termination, your right to use the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension. Sections 3, 5, 6, 8, 9, 11, and 12 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
11. GOVERNING LAW; JURISDICTION; AND WAIVER.
    1. Governing Law. The Site (excluding any third-party websites) is controlled by us from our offices in Colorado, and the statutes and laws of Colorado shall be controlling without regard to the conflicts of laws and principles thereof. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the Superior Court of Colorado or the U.S. District Court for the District of Colorado with respect to such matters controlled by that court and agree not to commence any legal action under or in connection with the subject matter of these Terms of Use in any other court or forum. Each party hereby waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms of Use, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
    2. JURY TRIAL AND CLASS ACTION WAIVER. YOU AND WE EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
12. MISCELLANEOUS PROVISIONS.
    1. International Use. Although this Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
    2. Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at websales@kemosabe.com if by email, or to our address at Kemo Sabe, 217 S. Galena St., Aspen, CO  81611 if by conventional mail. You agree to allow us to submit notices to you either through the email address provided by you or to the address we have on record. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after its deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date if sent by U.S. mail, return receipt requested; or (d) on the delivery date if transmitted by confirmed email.
    3. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
    4. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
    5. No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
    6. Entire Agreement. These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
    7. Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13. QUESTIONS. If you have any questions about the Site or these Terms of Use, please email us at websales@kemosabe.com.