Terms of Use

Description of Service

Welcome and thank you for visiting this site, which is owned and operated by Kuufer, Inc. (collectively, "Kuufer", "Us" "our” or "We"). These Terms of Use (these "Terms") are provided by Kuufer and are applicable to all Kuufer digital operations at or through our websites, our mobile/tablet sites, our social media presence, our Scorecard program, our applications, our Kuufer Text Alerts Program and our stores/locations (individually a “Site” and collectively, the “Sites” ). The Sites are the property of Kuufer, and We provide these Terms subject to the following conditions. Visitors to our Sites are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties” .

Please read the Terms of Use carefully before you use Kuufer, Inc. or the Site. By using our services or the Site or by clicking to accept the Terms of Use when this option is made available to you, you agree to be bound by the Terms of Use, Terms of Sale, and our Privacy Policy.

Changes to the Terms of Use

We may revise and update these Terms of Use. If these Terms of Use change, we will post the most recent version on the Site. All changes are effective immediately when we post to the Site. Your continued use of the Site following our posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Site and Account Security

To access the Site and our services, you will be asked to provide information in order to create an account. It is a condition of your use of the Site that all of this information is correct, current, and complete. Any personal information you provide to use is governed by our Privacy Policy. When you register, you’ll choose a user name and password for your account. You must treat your user name and password as confidential, and must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security breach. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Aside from content that you upload to your products review, comments, or questions, Kuufer, Inc. owns the Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things). In addition, the Site and our services are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name Kuufer, Inc., the Kuufer, Inc. logo, and all related names, logos, product and service names, designs, and slogans are trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

These Terms of Use permit you to use the Site and the contents of the Site only for legitimate business purposes relating to your role as a Site user and Kuufer, Inc. customer. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.

Prohibited Uses

You may use the Site only for lawful purposes and in a way that complies with our Terms of Use.

You agree not to use the Site:

In any way that violates any applicable law or regulation.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information.

To send, or facilitate the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.

To impersonate or attempt to impersonate Kuufer, Inc., any of our employees, another user, or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Use any device, software, or routine that interferes with the Site’s proper working or in any way attempt to interfere with the Site’s proper working.

Monitoring and Enforcement; Termination

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.

Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including any violation of the Terms of Use.

Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. While we do everything in our power to make sure the information on the Site is accurate, we do not guarantee the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other Site user, or by anyone who may be informed of any of its contents.

This Site aggregates information and materials provided by third parties, including materials provided by social media websites, web platforms, users, bloggers, and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information on our site.

We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content are accurate, complete, or error-free. Prices and promotions are subject to change and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for your order.

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in-store. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. We’ll charge your payment method for special-delivery items when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.

Order confirmation.

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per household, per order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

All information we collect on this Site is subject to our Privacy Policy.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Kuufer, Inc., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THIS DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Kuufer, Inc., its service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) relating to your use of our services, the Site, or any information obtained from the Site other than as expressly authorized in these Terms of Use, or to any violation by you of these Terms of Use.

Governing Law and Jurisdiction

We hope that you love using Kuufer, Inc. and that it performs perfectly for you every time. In the unlikely event that a dispute arises between you and us about the Site, our services, our products, or these Terms of Use, the dispute will be governed by the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Any lawsuit or action relating to the Site, our services, or these Terms of Use must be brought either in the United States District Court for the District of Minnesota or the courts of the State of Minnesota. You agree to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

Nothing we do can be deemed a waiver by Kuufer, Inc. of the terms and conditions of these Terms of Use. In addition, no failure by us to enforce any right or provision of these Terms of Use does not constitute a waiver of future enforcement of that right or provision.

If a court finds any provision of these Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed to be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

This Terms of Use, and the Terms of Sale, and our Privacy Policy are the sole and entire agreement between you and Kuufer, Inc. regarding the Site and our services and replace any earlier agreement between us.

Your Comments and Concerns

We’re here to help you, your comments and thoughts about our products and service are important to us. Genuinely. Any feedback, comments, questions, requests for technical support, or concerns about Kuufer, Inc. should be directed to support@kuufer.com.