Terms and Conditions
Welcome to www.kellycodetectors.com (the "KellyCo Site"). The KellyCo Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the KellyCo Site constitutes your agreement to all the Terms. Please read the Terms carefully, and keep a copy of them for your reference.
By entering your email address to create an account or by placing an order on the KellyCo Site, you consent to receive electronic communications from us, including promotional and marketing materials. You may unsubscribe from these communications at any time.
If you use the KellyCo Site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KellyCoDetectors.com is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Right To Access
KellyCoDetectors.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the KellyCo Site only with permission of a parent or guardian.
Customer may return their product within 14 days from their original order date as indicated on receipt in the original condition. If you have a defective product please contact us within 7 days of receipt for a replacement. Please contact us at [email protected] or call us at 866-627-0048 with any questions.
The content, design, logos, and other materials contained on the KellyCo Site are protected by state and federal intellectual property laws. You shall not engage in any prohibited infringement, copying, duplication, or reverse engineering of such material.
KellyCoDetectors.com does not claim ownership of the materials and content you post, upload, input, or submit to the KellyCo Site (“User Content”). You are solely responsible for your User Content and you accept all consequences of posting it. Although you retain ownership of your User Content, by posting it on the KellyCo Site, you grant KellyCoDetectors.com a license and permission to use your User Content in connection with the KellyCo Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; and to publish your name in connection with your User Content. No compensation will be paid with respect to the use of your User Content, as provided herein. KellyCoDetectors.com is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in KellyCoDetectors.com's sole discretion. You warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content.
You agree to indemnify, defend and hold harmless KellyCoDetectors.com, its owners, officers, directors, employees, agents and representatives, for any losses, damages, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the KellyCo Site or services, any User Content you post, your violation of any of these Terms, your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, or your use of products you purchase from the KellyCo Site. KellyCoDetectors.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KellyCoDetectors.com in asserting any available defenses.
Forum Selection & Governing Law
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and/or customer’s relationship with KellyCoDetectors.com, then any action, complaint, or lawsuit must be filed in a court of competent jurisdiction in Knox County, TN. Any action, complaint, or lawsuit filed in any other jurisdiction shall be immediately removed or transferred to a court in Knox County, TN, and the party responsible for the improper filing must reimburse the other party for expenses and attorneys fees incurred to remove or transfer the action, complaint, or lawsuit to Knox County, TN. Furthermore, the law of Tennessee shall govern any action, complaint, or lawsuit arising out of or concerning these Terms and/or customer’s relationship with KellyCoDetectors.com.
Class Action Waiver
Any dispute resolution proceeding, including litigation, arbitration, and mediation, must be conducted on an individual basis only and not in a class, consolidated, or representative action. The user and/or customer acknowledges and expressly agrees that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Disclaimer of Warranties
The data and information contained on the KellyCo Site are provided “as is.” Your use of the KellyCo Site, including your purchases, is done at your own risk. To extent permitted by law, KellyCoDetectors.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
In most instances, KellyCoDetectors.com is merely the retailer of products which are designed, manufactured, and tested by other companies. Therefore, KellyCoDetectors.com shall not be liable for any losses, damages, costs, liabilities or expenses (including attorney's fees) relating to or arising out of your purchase, use, storage, or operation of products purchased from the KellyCo Site. Additionally, KellyCoDetectors.com shall not be liable for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including but not limited to damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the KellyCo Site or any information contained therein.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and KellyCoDetectors.com with respect to the use of the KellyCo Site and any transactions between the parties. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KellyCoDetectors.com.
Changes to Terms
We reserve the right to change the Terms under which the KellyCo Site is offered. The most current version of the Terms will supersede all previous versions. Please feel free to contact us if you have any questions or concerns at [email protected] or 866-627-0048.