terms of service

Welcome to Keep it Moving Ventures, LLC d/b/a ON & ON. These Terms of Service set forth the terms and conditions that apply to your access and use of https://on-and-on.co, our Shopify store at https://onandon-co.myshopify.com, and your engagement with our services (collectively, the “Services”). Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.

THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.

The terms “Keep it Moving Ventures, LLC” Or “On & On” or “us” or “we” or “our” refer to Keep it Moving Ventures, LLC d/b/a ON & ON, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

1. Acceptance

You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Services are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.

2. Modifications

These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms of Service will be posted on the Services, and you should review the Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

3. Privacy

The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.

4. Use of Services

(a) Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

(b) We reserve the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner.

5. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.

6. Trademarks

All names, logos, product and service names, designs, and slogans are trademarks of ON & ON. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without the prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved.

8. Restrictions and Prohibitions on Use

Your license for access and use of the Services and any information, products, services and materials they contain (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms of Service.

9. Errors, Corrections and Changes

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.

10. Third-Party Content

Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.

11. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

12. Nontransferable

Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.

13. Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.

14. Limitation of Liability

(a) We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.

(b) The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.

(c) The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.

15. Use of Information

We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

16. Severable and Survival

If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.

17. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.

18. ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with On & On and limits the manner in which you can seek relief from On & On.

(a) General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within 30 days of commencing negotiations, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where On & On’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of On & On’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(b) Waiver of Jury Trial. YOU AND ON & ON WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Us are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and us. over whether to vacate or enforce an arbitration award, YOU AND ON & ON WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(c) Waiver of Class or Consolidated Actions. YOU ON & ON CUBES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor On & On is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 19(e).

(d) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the address below, postmarked within thirty (30) days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration provisions.

(e) Exclusive Venue. If you send the opt-out notice in Section 19(d), and/or in any circumstances where the foregoing arbitration agreement permits either you or us to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and us agree that any judicial proceeding will be brought in the state or federal courts located in New York.

(f) Governing Law. These Terms of Service shall be governed by the laws of the state of New York without regard to conflicts or choice of law rules or principles.

(g) Survival. This arbitration agreement will survive the termination of your relationship with ON & ON.

19. Force Majeure

We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.

20. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us by mail or email using the following information:

Keep it Moving Ventures, LLC
PO Box 941
Hanalei HI 96714
info@on-and-on.co

Effective Date: December 14, 2020

Privacy is important to Keep it Moving Ventures, LLC d/b/a ON & ON. The following describes the information we collect and the ways we use that information. By using https://on-and-on.co (the “Website”), our Shopify store at https://onandon-co.myshopify.com, and engaging with our services (collectively, the “Services”), you are consenting to the collection, use, sharing, and storage of your personal information, as described below. This Privacy Policy supplements and is incorporated into our Terms of Service which, together with this Privacy Policy, govern your use of the Services. We have endeavored to make this Privacy Policy as clear as possible. If, however, you have any questions, comments or concerns about this Privacy Policy, please send us an email at info@on-and-on.co.

The term “On & On” or “us” or “we” or “our” refer to Keep it Moving Ventures, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

Information We Collect
We collect information from those who visit and interact with our Services. This information may include the following:

• full name, email address, mailing address, and phone number;

• order and payment information; and

• comments, requests, and other information you may offer.

Through third parties, such as Shopify, Inc. (“Shopify”), Google Analytics, Google Tag Manager, Instagram, Vimeo, and Algolia, we may also collect other identifiable and non-identifiable information related to your access to our Services, including, but not limited to, your IP address, search queries, video and Services visits, page response times, download errors, length of visits to certain pages, and page interaction information.

We collect the above information directly from you when you provide it to us, automatically as you navigate the Services, and from third-party service providers.

How We Use This Information
We use this information to facilitate the provision of your requested services, such as fulfilling orders and requests made through the Services. We also use this information to track user behavior, improve our products and services, and generate customer related statistics for internal purposes.

We do not ever sell your personal information for commercial purposes. By using the Website and our Shopify store, some of your information is collected and used by Shopify. Shopify’s collection and use of your information is subject to their privacy policy, which can be found here.

We may also share information with third parties in limited circumstances, such as complying with legal processes, cooperating with law enforcement, preventing fraud or imminent harm, ensuring the security of our network and services, when we believe your actions violate our Terms of Service, or in the event we are transferred or sold to another entity as a result of a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

Third Parties
Your information may be held by third parties or we may link to other sites or applications not affiliated, owned, or controlled by us. Further, we may use products and services of third parties, for which the disclosure of your information is necessary, to help us better provide our services to you. These third parties include Shopify, Google Analytics, Google Tag Manager, Instagram, Vimeo, and Algolia. We expressly disclaim any and all liability for the actions of third parties. The privacy practices of any third parties are outside the scope of this Privacy Policy and their use or disclosure of your information (including your personal information) will be governed by their own privacy practices or policies. We encourage you to review the privacy practices or policies of those third parties.

Your Rights
If you would like to access, modify, or delete your personal information, you may submit a request to info@on-and-on.co. California residents may have additional personal information rights. For more information or to see if these rights apply to you, please contact us. We will promptly review all such requests in accordance with applicable laws.

Rights for Persons Covered by GDPR
If you are “data subject” for whom the processing of personal information is subject to REGULATION (EU) 2016/679 (GDPR) (“Covered Person”), the rights described in sections (A) through (G) apply to you.

A. Right of access, rectification, erasure and restriction of processing: you may obtain access to your personal information stored by us by contacting us. If we process or use your personal information, we shall endeavor to ensure, by implementing suitable measures, that your personal information is accurate and up to date for the purposes for which they were collected. If your personal information is inaccurate or incomplete, you may obtain the rectification of such personal information by contacting us. You may obtain the erasure or restriction of processing of your personal information in situations where no legitimate business purpose exists or the further storage is unnecessary under statutory storage obligations.

B. Right to data portability: you may receive the personal information about you that you have provided to us, in a structured, commonly used and machine-readable format or transmit this information to another controller. To exercise this right, contact us.

C. Right to object: you may object, on grounds relating to your particular situation, to the processing of your personal information. To exercise this right, you must contact us as provided herein. To the extent your personal information is processed for reasons other than direct marketing, you understand and agree that we have compelling legitimate reasons for information processing, such as providing access to our Services. You may use ad-blocking software to limit information capture and usage. You may also contact us with questions about this policy or to make a removal request. Making a request does not guarantee that the request will be honored.

D. Right to withdraw your consent: If you have given your consent to the collection or processing of your personal information, you may withdraw your consent without affecting the lawfulness of processing based on consent before its withdrawal by contacting us in writing.

E. We currently store your personal information in the United States, but your personal information may be transferred, stored, or processed in a location outside of the United States.

F. If you make a request under sections (A) – (D), above, we have 30 days to respond to you. To exercise any of these rights, please contact us.

G. The legal basis for processing your personal information is:

i. You have given us consent by agreeing to abide by our Privacy Policy and Terms of Service and continuing to access the Services; and

ii. Processing is necessary in order for us to comply with legal obligations.

Children’s Online Privacy Protection Act
The Services are intended for general audiences and are not directed to children under 13 years old. We do not target the Services to children under 13, and we do not intentionally collect any information from users under 13. If you become aware that your child has used the Services, and we may have personal information about a user under 13, please contact us at info@on-and-on.co so we may delete the information.

Cookies
Cookies are small bits of electronic information that a website or application sends to your browser and are stored on your hard drive. We use cookies to identify users, track your behavior on the Website, keep the Services secure, and improve the Services’ performance. Some cookies are necessary in order to use the Services, and these cannot be disabled. Other cookies are not required to browse our Services and may be disabled or deleted, but this may prevent you from properly using the Services. Third-party services, such as Shopify, may employ cookies on the Services in order to better perform their services. Shopify’s Cookie Policy can be found here. The Services also use the following third-party services, which use cookies:

These third-party cookies may be used automatically as you navigate the Services, and some of these third-party cookies may be utilized if you are logged in to these third-party services while also using our Services. We have no control over third-party cookies, and therefore, disclaim any and all liability related to third-party cookies.

Changes and Updates to Privacy Policy This Privacy Policy may be revised periodically, and this will be reflected by the date above. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to this Privacy Policy and any future revisions.

Contact Information If you have any questions or concerns about this Privacy Policy, please contact us by mail or email using the following information:

Keep it Moving Ventures, LLC
PO Box 941
Hanalei HI 96714
info@on-and-on.co