Terms and Conditions
Welcome to the ENKAY website (the "Website"). Please review the following Terms and Conditions carefully. Your use of the ENKAY website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”).
ELIGIBILITYYou must be at least 18 years old to use the Website. If you are under that age, your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.
INTELLECTUAL PROPERTY OWNERSHIP AND USEPlease be aware that as you visit and navigate the ENKAY website your use of our site is subject to applicable laws governing our ownership and your use of our trademarks and copyrights in our text, images, video clips, graphics, logos, icons photographs and/or other materials (collectively, our “Intellectual Property”). You may not use any of the ENKAY Intellectual Property without our prior written permission.
The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by ENKAY and are protected by US and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
PRODUCTS OR SERVICESCertain products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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.
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 on the Website will be corrected.
MODIFICATIONS TO PRODUCTS AND PRICESAll descriptions of products or our product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify or discontinue any product or service (or any part or content thereof) at any time without notice. Any offer for any product or service made on this site is void where prohibited.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONSThe Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Website or through any social media accounts associated with you or ENKAY, including, without limitation, our Facebook, Pinterest, Instagram, and YouTube pages and accounts.
By posting, submitting or publishing User Contribution 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; or (3) to respond to any 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 User Contributions 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 User Contributions 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 User Contribution posted by you or any third-party.
Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this Website.
ERRORS AND INACCURACIESWe always try to provide complete, accurate, up-to-date information on our Website. However, occasionally there may be information on our Website or product and/or service materials 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 on the 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 on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date listed on the Website should be taken to indicate that all information has been modified or updated.
ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. 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 unauthorized 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.
For more detail, please review our Returns Policy.
LINKS TO OTHER SITESWhile visiting our Website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions as well as privacy policies that differ from our own. We do not make any representations or warranties about any website you may access through the ENKAY Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
PROHIBITED USES OF THE WEBSITEYou are responsible for your use of the ENKAY Website. 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 Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
SECURITYYou agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by ENKAY. You acknowledge and agree that, for security purposes, ENKAY may monitor your account and your access to and use of the Website. ENKAY may at any time terminate or suspend your access to the Website as ENKAY considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. ENKAY may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.
INDEMNIFICATIONYou agree to defend, indemnify and hold ENKAY harmless from and against any and all claims, damages, costs, losses and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
GOVERNING LAWCustomer agrees that this is a Georgia contract construed according to Georgia law and that any litigation between the parties involving this Agreement, and matters governed hereunder, will take place exclusively within Georgia under Georgia law with Customer agreeing to such jurisdiction, unless another venue is otherwise chosen by ENKAY.
FAIR LABOR STANDARDS ACTProducts to be furnished or services to be rendered hereunder will be produced or performed in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended on the date hereof, and in compliance with all applicable regulation orders of the Administrator of the Wage and Hour Division issued under this Act.
CHANGES TO TERMS OF SERVICEYou can review the most current version of this Agreement at any time at this page.
ENKAY reserves the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our Website It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Address: 1800 Cherokee Pkwy, Acworth, GA 30102
Toll Free: 888-77-ENKAY
General Email: email@example.com