Site Contents Ownership
This website is expressly owned and operated by Kiwi & Ellie (“Kiwi & Ellie“, “we” or “our”). Unless otherwise noted, the design and content featured on this website, including illustrations, clothing, accessories, jewelry, and other product designs, icons, navigational buttons, images, artwork, graphics, so called “look and feel”, photography, text, audio and video clips or content, software and the like, (collectively, the “Content”) is owned by Kiwi & Ellie or one or more of its affiliates or is licensed to Kiwi & Ellie. This website and its Content are intended solely for your personal, noncommercial use. Any use of our website or its Content other than for personal, noncommercial purposes is prohibited. You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the website as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this website or the Content by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any website product or service if you are not expressly authorized by such party to do so; and (e) use this website or the Content, including any of the features, tools and services on this website, for any reason other than for its intended purpose, including to communicate with Kiwi & Ellie, to upload onto this website or otherwise transmit to this website, any materials, content or images that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any harassing, morally offensive, criminal, obscene, profane, defamatory, libelous or threatening content. However, you may download or electronically copy and print any of the Content displayed on our site for your personal, noncommercial use. If you download, copy or forward via email any part of the Content, no right, title or interest in those materials is transferred to you. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
We may collect your personal information in an effort to provide you with an enhanced customer experience and to administer our business. Your personal information also allows us to communicate with you about special offers, promotions and other marketing programs that may be of interest to you. This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible.
Kiwi & Ellie has made every effort to display accurately the products featured on this website. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. Kiwi & Ellie cannot guarantee that your monitor’s display of any color, texture or merchandise details will be accurate. Please remember, however, that if for any reason you are not satisfied with your purchase, please return the item for an exchange or refund.
In order to keep our website current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to this or another Kiwi & Ellie website will still be available when you visit again. Please understand that some of our featured items are available only in limited quantities. When an item is no longer in stock, we will take reasonable steps to remove that item from this website or otherwise to indicate that the item is no longer available. If you cannot find an item you previously saw on Kiwi & Ellie.com or for any other help with our merchandise, please call us at 813-418-2784
Kiwi & Ellie makes reasonable attempts to provide the most recent, accurate and reliable information on our website. However, there may be occasions when information featured on this website may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color or other matters, or an item that is no longer in stock. Kiwi & Ellie does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via this website. Kiwi & Ellie reserves the right to correct errors and to update information on our website at any time. Of course, we will make reasonable efforts to provide you with current prices at the time you place your order. In the event that a product is mistakenly listed at an incorrect price, Kiwi & Ellie reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, Kiwi & Ellie shall issue a credit to your credit card account in the amount of the incorrect price.
Compliance with Laws
You represent, warrant and covenant that in accessing and using this website you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission or exporting of data from the United States or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Kiwi & Ellie is prohibited from communicating with or exporting to and you agree that you shall not access this website from such country or jurisdiction.
The prices displayed on this website are quoted in U.S. currency. Prices are subject to change at any time.
Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website (collectively, the “Comments”) shall be and remain the exclusive property of Kiwi & Ellie. Such disclosure, submission or offer of any Comments shall constitute an absolute assignment and license to Kiwi & Ellie of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. In addition, you agree to waive all moral rights in any Comments in favor of Kiwi & Ellie. Thus, Kiwi & Ellie will own exclusively all right, title and interest in and to the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We may, at our option and in our sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your Comments or any portion thereof in whole or in part. We are not in any way obligated to use, post or respond to any Comments submitted by you in connection with your use of this website. We may remove Comments in whole or in part at our option and in our sole discretion. Kiwi & Ellie is and shall be under no obligation to maintain any Comments in confidence, to pay the user any compensation for any Comments or to respond to any user Comments. You are and shall remain solely responsible for the content of any Comments you offer or submit. Harassment in any manner or form on the website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kiwi & Ellie or other licensed employee, host or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. Use of the website for any illegal or unauthorized purpose is strictly prohibited. Kiwi & Ellie does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, Kiwi & Ellie is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Kiwi & Ellie reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive, inappropriate or otherwise unacceptable to Kiwi & Ellie in its sole discretion. Kiwi & Ellie may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. You understand and agree that Kiwi & Ellie cannot be responsible for the content posted on the website and that your use of the website is at your own risk. Kiwi & Ellie is under no circumstances liable in any way for any content posted on the website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the website.
This website allows you to register or obtain a password so that you may use certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.
Disclaimer of Warranties and Limitation of Liability
Kiwi & Ellie does not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk. Kiwi & Ellie shall not be liable for damages of any kind related to your use of or inability to use this website, even if Kiwi & Ellie knew or should have known of the potential for such damages. If your use of this website or the site’s material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, Kiwi & Ellie shall not be responsible for those costs or expenses. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. Kiwi & Ellie, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH Kiwi & Ellie STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS AND LINKS. Kiwi & Ellie SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This website may contain links to websites owned by third parties. These links, if any, are provided solely as a convenience to you and are not an endorsement by Kiwi & Ellie of the contents on those other sites. Kiwi & Ellie is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. Kiwi & Ellie has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kiwi & Ellie . If you decide to visit any third-party sites using links from this website, you do so at your own risk.