Kappa Psi Shop Terms of Use

Last updated: February 2nd, 2020

Kappa Psi Pharmaceutical Fraternity and/or its affiliates (“Kappa Psi”, “we” or “us”) operate an online store (“Central Store”) located at kappapsi.com from which you may purchase products and services (“Shop Products”).

These Terms of Use apply to the content and functionality of the Kappa Psi Shop, and to the Kappa Psi Shop Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Kappa Psi Services Agreement.

1. Information that you provide to us

You may give us information about yourself when you visit the Kappa Psi Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Kappa Psi Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. Kappa Psi Shop IP

As between you and Kappa Psi, Kappa Psi and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Kappa Psi Shop (collectively, “Kappa Psi Shop IP”). Kappa Psi Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Kappa Psi Shop IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Kappa Psi Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Kappa Psi has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Kappa Psi Shop

Kappa Psi grants you a limited, revocable, non-exclusive, non-transferable license to access the Kappa Psi Shop. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications.

Details of the products and services available for purchase in the Kappa Psi Shop (“Kappa Psi Shop Products”) are set out in the Kappa Psi Shop. All features, content, specifications, products and prices of products and services described or depicted in this Kappa Psi Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Kappa Psi Shop due to the limitations of the systems that you use to access the Kappa Psi Shop. The inclusion of any products or services in the Kappa Psi Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Your account

We may require that you create an account to access the Kappa Psi Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

6. Shipping and returns

This section 6 applies to Kappa Psi Shop Products that are physical goods. For clarity, this Section 6 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Kappa Psi. Shipping fee may be modified after purchase if the original shipping estimate varies from the actual cost by more than 10%.  If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Kappa Psi is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Kappa Psi Shop Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).

All Kappa Psi Shop Products return requests will be handled on a case-by-case basis. To begin the return process, please contact us. Return shipping instructions will be provided.

7. Sanctions and export policy

You may not use the Kappa Psi Shop or purchase any Kappa Psi Shop Produt in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Kappa Psi Shop or any Kappa Psi Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

8. No warranties

We provide the Kappa Psi Shop, Kappa Psi Shop IP and Kappa Psi Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Kappa Psi or obtained by you from or through the Kappa Psi Shop – whether from Kappa Psi or another entity, and whether oral or written – creates or implies any warranty from Kappa Psi to you.

Kappa Psi disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Kappa Psi Shop; (b) that the Kappa Psi Shop Products will meet your specific needs or requirements; (c) that the Kappa Psi Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Kappa Psi will correct any defects or errors in the Kappa Psi Shop; or (e) that the Kappa Psi Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Kappa Psi Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability

Under no circumstances will Kappa Psi be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Kappa Psi Shop or for the unavailability of the Kappa Psi Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Kappa Psi Shop, even if such damages are foreseeable, and whether or not you or the Kappa Psi has been advised of the possibility of such damages. Kappa Psi is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Kappa Psi Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Kappa Psi further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Kappa Psi Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Kappa Psi Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Kappa Psi Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Kappa Psi in relation to the Kappa Psi Shop, Kappa Psi Shop IP, and Kappa Psi Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Kappa Psi during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

10. Disputes

All disputes will be handled on a case-by-case basis under applicable law.

11. Applicable law

By using the Kappa Psi Shop, you agree that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Kappa Psi.

12. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Kappa Psi Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.