KwikFly Apparel Terms and Conditions of Service

 

Effective Date: 07/07/2019

Last Updated: 04/03/2024

Overview

Hello and Welcome to the KwikFly Apparel LLC Website! We hope you enjoy the quality products available intended to enhance your experience for when “Nature’s Calling” you outdoors.

Note: All KwikFly Apparel LLC clothing products have a KwikFly Label of the logo on them. Please be aware of fraudulent websites. If the apparel product does not have a “KF” logo, then it is not an authentic KwikFly Apparel product.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.

This website is owned and operated by KwikFly Apparel LLC (“KwikFly”, “KwikFly Apparel”, “Company”, “We”, “Us”, or “Our”).  KwikFly Apparel LLC provides this website, including all information, tools, and services available from this site to you, an individual user (“The User”, “You”, “Users”) conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

The following terms and conditions govern all use of the www.kwikflyapparel.com website and all content, services, and products available at or through the website, the mobile version, all underlying software, (or is the licensee), and any websites we have now or in the future that reference these Terms & Conditions (taken together, the “Website”, “Site”, “Webpage”).

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, operating rules, policies and procedures, and the Privacy Policy (together, the “Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

These Terms of Service govern your access to and use of the Website. Please review these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website (including all content and functionality), you indicate your agreement to be bound by the Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services, and we request you discontinue any further use.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE GOVERNING LAW, DISPUTE RESOLUTION, AND ARBITRATION SECTION BELOW.  

Updates/Changes to Terms of Service

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

General Audience Service

This Website is considered to be a general audience service site and is intended only for users who are at or above the age of 13 under COPPA. Therefore, any portion of the Website and Services are not intended to be accessed or used by children under the age of 13, and such use is prohibited.  If you use this Website to register an account, purchase a product from us, or enter our online contests or sweepstakes, you are confirming the fact that you are at least 18 years of age, and are fully able and competent to enter into, and comply with the terms and conditions set forth in this Agreement.

Privacy

Our Privacy Policy explains the way we handle and protect your personal data in relation to your use and browsing of our Website. Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices. By agreeing to the terms and conditions and to be able to use the Service, you also agree to our Privacy Policy.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Our store is powered by Squarespace, Inc. and provides us with an online e-commerce platform that allows us to sell our products and services to you.

When accessing the Website, you agree that you shall not engage in any of the following activities, including, but not limited to: 

1.       You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.      You must not transmit, upload, distribute, or run any Malware, malicious software, worm, Trojan virus, spyware, adware, logic or time bomb, ransomware, or virus, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

3.      You shall not disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;

4.      You will not use our Website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our Website, including their ability to engage in real-time activities through our Website;

5.      You will not use any software robots, web crawlers, spiders, crawlers, or other automatic device, processes or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website; 

6.      You are prohibited from transmitting, or causing the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; 

7.      You will not attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login into the Website as you); 

8.     You shall not impersonate or attempt to impersonate KwikFly, a KwikFly employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); 

9.      You shall not use our Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 

10.  You will not send, knowingly receive, upload, download, use, or re-use any Content that does not comply with the standards and requirements set out in these Terms; 

11.   You are prohibited from engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability;

12.  You are forbidden to attempt to interfere with the proper working of our Website; and

13.  You are not allowed to purchase any product with the intention of resale.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, Errors, Inaccuracies & Omissions, & Timeliness of Information

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Website Information: We strive to provide complete, accurate, up-to-date information on our Website. However, it is not possible to ensure that any website is completely free of human or technological errors. Even though we continuously monitor the website to maintain our utmost accuracy, the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current.

We reserve the right to correct any errors, inaccuracies, or omissions – including after an order has been submitted – and to change, update, or remove any contents, links, or resources provided on our Website at any time, and for any reason, without prior notice.

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Product Availability: We use all reasonable efforts to ensure products ordered are available for delivery. In the unfortunate event, that your purchase is unavailable prior to or after placing your order we will notify you. However, you acknowledge and understand that in rare cases, if this is not possible, we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such case, we shall refund you in full all amounts you paid.

Modifications to the Service & Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Product Pricing: We make reasonable attempts to provide precise pricing information about the products listed on our website; however, typographical errors and pricing mistakes may occur. We reserve the right to correct any errors, inaccuracies, or omissions, as well as the authority to change or update price information and any other information at any time without prior notice; including after you have submitted your order.

Tax: If deemed necessary, we will add applicable sales/use tax on orders. The total price of your order is inclusive of any applicable tax.

Discount Sales and Promo Codes: From time to time, we may run discount sales and offer promo codes that you can use to get discounts on specified products. Promo codes may not be applied automatically and as such you should ensure to enter the promo code at checkout. We reserve control over our discount sales and promo. Terms and conditions applicable to such discount sales and promo will be made available to customers during the duration of the discount sales and/or promo.


Products or Services (if applicable).

Description of Products: We make reasonable attempts to ensure that product descriptions are as accurate as possible. We also make every effort to display as accurately as possible the colors and patterns of our products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, nor the exact pattern shown due to the cutting of the fabric which may contain a pattern.  Accordingly, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness, or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition; please reference our Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


Accuracy of Your Account & Billing Information, & Password Security Best Practices

You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.  All information you provide when you register for an account on our Website, including through the use of any interactive features, is governed by our Privacy Policy, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Policy.   If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. 

By using the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We advise you to create a strong complex password to help prevent your account from easily being hacked. Avoid using the same password for multiple accounts. The more you mix up passwords with letters, brackets, or symbols, the harder it is for a hacker to compromise your information.

You must notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security that you are aware of, by reporting the matter in the contact form with the subject line “Breach of Security.”

If you receive any suspicious possible phishing email from KwikFly Apparel, report those immediately with the subject line “Phishing Attempt” and change your password immediately. 

We reserve the right to refuse service or any order you place with us, terminate accounts, or remove or edit content, for any reason, at our sole discretion without prior notice.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User-Generated Content (UGC), Feedback & Other Submissions

The term, “User Generated Content” refers to any content that is created by the user of our Website, mobile app, or any other online service, which appears publicly on our Website.  This includes, but is without limitation to, text, images, photos, video material, audio material, audio-visual material, testimonials, feedback, suggestions, comments, podcasts, links, emails, or reviews that you upload/submit to this Site for review by the public for whatever purpose.

Please be aware that UGC shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any user communications to this Website you understand and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate any and all such UGC in any existing or future media, social medial, or other channels and Websites. 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; or (4) to be mandated to remove comments.  We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. More information can be found in our Privacy Policy.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It is also a possibility for others to obtain personal information about you due to your use of the Site, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Site you acknowledge and agree that we are not responsible or held liable for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site

No Buying for Resale

KwikFly Apparel intends to sell its products directly to end consumers through our Website. For that reason, the purchase of products for resale is prohibited. If we have reason to believe that you are purchasing for resale to third parties, we reserve the right to refuse to you the sale of our products, cancel any orders, and if necessary take legal action.

Intellectual Property Rights

Between you and KwikFly Apparel, all right, title, and interest in and to the Website and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the “Content”), and all intellectual property rights in the Website, are retained by KwikFly Apparel, our affiliates, our partners or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States and foreign countries.  You may use the Website for your personal, non-commercial use only. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by KwikFly Apparel. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except as follows: 

  • Your computer may temporarily store copies of such Content incidental to your accessing and viewing that Content.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use related to shopping or placing an order with KwikFly Apparel, and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You will not:

  • Modify copies of any Content from this Website.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this Website.

  • Access or use for any commercial purposes any part of the Website or any services or Content available through the Website.

Except as set forth in this Section, if you access or use, or provide any other person with access, to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.  The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of KwikFly Apparel, our affiliates, our licensors, or our partners, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners, or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall KwikFly Apparel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless KwikFly Apparel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law, Dispute Resolution, & Arbitration

These Terms of Service, any claim, action, dispute, or any potential legal dispute that requires individual arbitration (collectively referenced as “Disputes”, “Dispute”), along with any other agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws in the State of Georgia; without giving effect to any conflict of general principles of law in any other jurisdiction that may be applicable to the dispute, action, or issue in question.  

If a Dispute occurs between you and KwikFly Apparel, our objective is to first address your concerns and settle any dispute amicably. You agree that you will notify KwikFly Apparel regarding any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting KwikFly Apparel with the subject line “Dispute.” We shall attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within 90 days after your submission, you or KwikFly Apparel may bring a formal proceeding. 

Any dispute or claim relating in any way to your use of our Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.  There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. 

These Terms constitute the entire and only Agreement between KwikFly Apparel and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, its content, services, and products provided by or through the Site. These terms contain disclaimers of warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes that may arise out of your use of our service unless to the maximum extent permitted by applicable laws. By entering this Agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.

KwikFly Apparel is the owner of this Website and is based in the state of Georgia in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

You and KwikFly Apparel agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and KwikFly Apparel. 

This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Atlanta Georgia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You and KwikFly Apparel shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and KwikFly Apparel shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason. 

Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts. 

Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

Contact KwikFly Apparel

If you have any questions regarding the Terms of Service, to provide feedback, offer a suggestion, resolve a complaint/dispute, or receive further information regarding the use of this Site, please do not hesitate to contact us.

If you are unsatisfied for any reason with our product, please review our Return Policy and fill out the Contact Form regarding the complaint with the subject line “Complaint.”

If a Dispute occurs between you and KwikFly Apparel, our objective is to address your concerns and settle any dispute amicably. Contact us with the subject line “Dispute.”

You must notify us immediately regarding any breach of security you are aware of, by reporting the matter to us with the subject line “Breach of Security.”

If you receive any suspicious possible phishing email that appears to be sent from KwikFly Apparel, report those immediately to us with the subject line “Phishing Attempt” and change your password immediately.