Terms and Conditions of Use
Last Updated: November 1, 2020
Your Use of this Website is Governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the Kan-dooAttitude.com
Kan-doo Attitude, LLC operates this internet site located at www.Kan-dooAttitude.com ("Website"). As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “Kan-doo Attitude,” “Kan-dooAttitude.com,” “we,” “us,” and “our” refer to Kan-doo Attitude, LLC and its related or affiliated companies.
These Terms and Conditions May Change
Kan-dooAttitude.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
What Information Do We Collect? How Do We Use It?
When you order, we need to know your name, e-mail address, mailing address, phone number, credit-card number, expiration date and security code on the back of the debit or credit card you are paying with. This allows us to process and fulfill your orders and to notify you of your order status.
You may also voluntarily sign up to be informed about certain offers, which we use to send the information you requested.
When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address, and personal preferences, so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about other merchandise that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site.
We may also use the information we collect to occasionally notify you about important changes to the Website, new Kan-doo Attitude services, and special offers we think you'll find valuable. If you would like to opt-out from receiving Kan-doo Attitude emails, please contact Customer Service by emailing email@example.com or by following the unsubscribe instructions found in each email.
Kan-doo Attitude is the controller of the information collected from you on this Website. We have appointed a Data Privacy Director who is responsible for overseeing questions in relation to the handling of your personal information. If you have any questions or concerns or requests concerning the privacy of the information that you provide, please contact our DPD:
Attn: Data Privacy Director
PO Box 479
Sheffield, TX 79781
How Does Kan-doo Attitude Protect Customer Information?
We have physical, electronic and procedural security safeguards to protect and secure the information we collect.
Our Website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at our Website is just as safe as giving your credit card number over the phone.
Will Kan-doo Attitude Disclose the Information it Collects to Outside Parties?
We are committed to protecting your privacy. We use the information we collect on the site to make shopping at Kan-doo Attitude possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others. The Website depends, in part, on functionality provided by third party vendors. Some of your information may pass through the systems of these vendors in order to deliver a quality shopping experience to you.
Updating Your Personal Information and Privacy Preferences
You have the right to opt-out of receiving communications from Kan-doo Attitude at any time by unsubscribing to emails within the email itself or you can contact customer care and request to be removed from email communication. Any change to or deletion of the information provided may affect the fulfillment of orders or the delivery of other services and information. We will respond to requests within thirty days.
State Specific Laws
Unless you request its deletion, Kan-doo Attitude will retain your information for as long as your information is needed to provide you services, or as required to fulfill Kan-doo Attitude legal obligations.
Tell Us What You Think
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Kan-dooAttitude.com or through email or mail correspondence to Kan-doo Attitude LLC shall be and remain the exclusive property of Kan-doo Attitude.com. Your submission of any such Comments shall constitute an assignment to Kan-dooAttitude.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Kan-dooAttitude.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Kan-doo Attitude reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Are Children Allowed to Use Kan-dooAttitude.com?
Kan-doo Attitude does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Kan-dooAttitude.com only with the involvement of a parent or guardian. In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that Kan-doo Attitude has no obligation to monitor the content accessible on or through the Website.
All of the Content you see and hear on the Kan-dooAttitude.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kan-doo Attitude. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and Kan-doo Attitude owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Kan-dooAttitude.com reserves complete title and full intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining WRITTEN permission from Kan-doo Attitude, LLC.
Notice of Copyright or Trademark Infringement
Kan-doo Attitude respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.Kan-dooAttitude.com or any of Kan-doo Attitude’s other social media platforms, we will investigate and address the allegations. Kan-doo Attitude’s response can include, without limitation, termination of the infringer’s access to this site or other Kan-doo Attitude social media.
If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Kan-doo Attitude determines to restrict or terminate a user’s access to www.Kan-dooAttitude.com or other Kan-doo Attitude social media, Kan-doo Attitude will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Kan-doo Attitude shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your trademark rights or copyright have been infringed on www.Kan-dooAttitude.com, please provide Kan-doo Attitude, LLC with the following information:
- Identification of the trademark or copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on www.Kan-dooAttitude.com (identified by URL) or other Kan-doo Attitude social media that you are requesting be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
- A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed, and
- An electronic or physical signature of the intellectual property owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.
Kan-doo Attitude’s representative for notice of claims of infringement is its General Counsel (Attorney), who can be reached as follows:
Kan-doo Attitude, LLC
PO Box 479
Sheffield, TX 79781
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Kan-doo Attitude’s representative. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
KAN-DOO ATTITUDE USER CONTRIBUTED CONTENT POLICY
The Kan-doo Attitude website (www.Kan-dooAttitude.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram and Pinterest) (collectively the “Sites”) may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Kan-doo Attitude products from www.Kan-dooAttitude.com. Kan-doo Attitude, LLC is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.
By submitting or posting User Content on the Sites, you grant Kan-doo Attitude, LLC and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.
By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:
- contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
- contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is threatening, abuses or invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
- is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
- gives the impression that it emanates from Kan-doo Attitude, LLC, if this is not the case; and/or
- contains anything that, in Kan-doo Attitude, LLC’s sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose Kan-doo Attitude, LLC or the users of the Sites to harm or liability of any kind.
Should you wish to remove any User Content that you have posted, Kan-doo Attitude representative for notice for removal can be reached as follows:
Kan-doo Attitude, LLC
Attn: Community and Content Manager
PO Box 479
Sheffield. TX 79781
Kan-doo Attitude, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Kan-doo Attitude, LLC that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the terms and conditions of use of the Sites, or any other applicable Kan-doo Attitude terms, guidelines or policies or any applicable law, rule or regulation.
SOCIAL MEDIA AGREEMENT
WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK, MUSIC AND MUSIC) (“CONTENT”) TO THE KAN-DOO ATTITUDE WEBSITE (www.Kan-dooAttitude.com) OR ANY KAN-DOO ATTITUDE MAINTAINED SOCIAL MEDIA SITE (A “SITE”) OR SEND THE HASHTAG #AGREEKA TO KAN-DOO ATTITUDE, YOU AGREE TO BE BOUND BY THESE TERMS.
- You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Kan-doo Attitude’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Kan-doo Attitude to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
- You hereby grant to Kan-doo Attitude a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Kan-doo Attitude’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Kan-doo Attitude (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Kan-doo Attitude’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Kan-doo Attitude to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
- You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Kan-doo Attitude or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Kan-doo Attitude’s request.
- You agree to sign and deliver documents and take any other actions reasonably requested by Kan-doo Attitude to effectuate, perfect or evidence the license and rights granted in these Terms.
- You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
- To the fullest extent allowed by law, you hereby release Kan-doo Attitude and its employees, contractors, sponsors or any other person acting under Kan-doo Attitude’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Kan-doo Attitude’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- These Terms will be governed by applicable federal law and the laws of the State of Texas, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Kan-doo Attitude’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Last Reviewed: November 1, 2020
Information We Collect
www.Kan-dooAttitude.com collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (” personal information”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:
A real name, Internet Protocol address, email address, or other similar identifiers.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, physical characteristics or description, address, telephone number, credit card number, debit card number, or any other financial information.
Some personal information included in this category may overlap with other categories.
- Protected classification characteristics under California or federal law
- Commercial information.
Records of personal property or products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Geolocation data.
Physical location or movements.
- Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Kan-doo Attitude obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete on our website, sweepstakes you enter, and reviews/social content you submit.
- Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, Kan-doo Attitude will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, Kan-doo Attitude will use that information to process your payment and facilitate delivery. Kan-doo Attitude may also save your information to facilitate new product orders or process returns.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- Kan-doo Attitude will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
KAN-DOO ATTITUDE, LLC DOES NOT SELL PERSONAL INFORMATION. Kan-doo Attitude, LLC may disclose your personal information to a third party for a business purpose.
We share your personal information with third party service providers that provide the following services to Kan-dooAttitude.com:
- Order Management
- Customer Service
- Payment Gateways
- Ratings and Reviews
- User Generated Content
- International Logistics
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Kan-doo Attitude disclose certain information to you about its collection and use of your personal information over the past 12 months. Once Kan-doo Attitude receives and confirms your verifiable consumer request, Kan-doo Attitude will disclose to you:
- The categories of personal information collected about you.
- The categories of sources for the personal information collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom Kan-doo Attitude shares that personal information.
- The specific pieces of personal information collected about you (also called a data portability request).
Deletion Request Rights
You have the right to request Kan-doo Attitude to delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once Kan-doo Attitude receives and confirms your verifiable consumer request, it will delete (and direct our service providers to delete) your personal information from its records, unless an exception applies.
Kan-doo Attitude may deny your deletion request if retaining the information is necessary for it or its service provider(s) to:
- Complete the transaction for which it collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of its ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Kan-doo Attitude, LLC.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us a message to firstname.lastname@example.org or call us at 303-877-4839. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows Kan-doo Attitude to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows Kan-doo Attitude to properly understand, evaluate, and respond to it.
Response Timing and Format
Kan-doo Attitude, LLC endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If it requires more time (up to 90] days), it will inform you of the reason and extension period in writing.
Kan-doo Attitude, LLC will deliver its written response by mail or electronically, at your option.
Any disclosures Kan-doo Attitude provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response will also explain the reasons Kan-doo Attitude cannot comply with a request, if applicable. For data portability requests, Kan-doo Attitude will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
Kan-doo Attitude will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Kan-doo Attitude will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, Kan-doo Attitude may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Changes to Our Privacy Notice
Kan-doo Attitude reserves the right to amend this privacy notice at its discretion and at any time. When Kan-doo Attitude makes changes to this privacy notice, it will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.