Terms of Service
Welcome to Ourkeep, the website and online service of SALKIMLI LLC (“Ourkeep,” “we,” or “us”), a Wyoming limited liability company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of www.ourkeep.com (the “Website”), including any content, functionality, software, and/or services offered on or through www.ourkeep.com (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Ourkeep Privacy Policy, whether as a guest or a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service (“Users”). Any capitalized words not defined in these Terms are defined in the Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, FOUND AT https://www.ourkeep.com/privacy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE AND/OR THE SERVICE.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1) Acceptance of These Terms
By accessing or using our website, mobile site, or services (the Services), you agree to these Terms and our referenced policies (Privacy & Cookies). If you do not agree, do not use the Services. If you create an account on behalf of an organization, you confirm you have authority to bind that organization.
2) Eligibility & Account
You must be at least 18 (or the age of majority in your state). You are responsible for safeguarding your account credentials and for all activity under your account.
3) Orders, Customization & Production
Made-to-order. Each item is produced specifically for you based on the content, options, and approvals you provide during checkout or via proofs.
Your content. You are responsible for the accuracy/quality of all content you submit (text, images, layout, color choices).
Proofs (if provided). Production begins after your approval; approved proofs are final.
Availability & errors. We may correct obvious errors (pricing/description) and cancel orders impacted; if payment was captured, we’ll refund the affected amount.
4) Pricing, Taxes & Payment
Prices are shown in USD and exclude shipping and taxes until checkout. Applicable sales taxes are calculated based on your delivery address. We accept [cards/digital wallets]. By submitting payment, you authorize us and our processors to charge your payment method for the order total and approved adjustments. If you are tax‑exempt, provide a valid resale/exemption certificate before ordering.
5) Shipping, Delivery & Risk of Loss
We provide estimated dispatch and delivery windows at checkout. Title and risk of loss pass upon delivery to the address you provide. Inspect parcels on arrival and report visible carrier damage promptly (see §7).
6) Cancellations & Changes (Time‑Sensitive)
Because products are customized, we start production quickly. Requests to cancel or change an order can only be honored before production begins. Once in production, cancellation/changes are not guaranteed.
7) Returns, Defects & Quality Guarantee (Customized Goods)
No general returns/exchanges. Due to the personalized nature of our products, we do not accept returns or exchanges for change‑of‑mind or user‑driven errors (e.g., typos, layout choices, low‑resolution images, or approved designs).
If your item is defective or damaged: If there is a manufacturing defect or shipping damage attributable to us or the carrier, we will repair, remake, or refund (at our discretion) consistent with applicable U.S. consumer laws. Please:
Notify us within 7 days of delivery (48 hours for visible carrier damage),
Include photos/video of the issue and packaging, and
Provide your order number and delivery details.
We may request return of the defective item or safe disposal per our instructions before we issue a remake/refund. Normal variations in color, texture, or minor tolerances typical of custom manufacturing (see §8) are not defects.
8) Color, Materials & Production Tolerances
Color appearance varies across screens and print/material processes. Slight differences in tone, alignment, and sizing within industry‑reasonable tolerances are expected and not defects. If exact color matching is critical, contact us before ordering for a paid proof/swatch option (where available).
9) Promotions, Gift Cards & Credits
Promotional codes, vouchers, gift cards, and store credits are subject to their own terms (validity, scope, non‑transferability, no cash value except as required by state law). We may modify or cancel promotions where permitted.
10) Intellectual Property & License to Your Content
You retain your rights in content you upload. You grant Ourkeep a limited, revocable, worldwide license to use, reproduce, modify, and process your content solely to produce and deliver your order and to provide support/quality assurance. We will not use your content for marketing without your explicit consent. You confirm you have all necessary rights and that your content does not infringe others’ rights or violate law.
11) Acceptable Use
You agree not to: (a) upload unlawful or infringing content; (b) attempt to bypass security; (c) misuse or overburden the Services; or (d) use the Services to harass, defame, or violate privacy rights. We may suspend orders or accounts that violate these Terms.
12) Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Policy, which explain how we collect and use personal data and your rights. Link these policies clearly at checkout and account creation.
13) Warranties & Disclaimers
Except as required by law or expressly stated here, the Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non‑infringement). Some states do not allow limitations on implied warranties, so the above may not apply to you.
14) Limitation of Liability
To the extent permitted by law, Ourkeep will not be liable for indirect, incidental, special, punitive, or consequential damages, or lost profits/revenues/data. For direct damages, Ourkeep’s aggregate liability relating to a purchase will not exceed the amount you paid for the product at issue. Some states do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
15) Indemnification
You agree to defend, indemnify, and hold harmless Ourkeep and its affiliates, directors, and employees from claims arising out of your breach of these Terms or your content submitted to the Services.
16) Dispute Resolution — Arbitration & Class Action Waiver (U.S.)
Binding arbitration. Any dispute or claim relating in any way to the Services or products will be resolved by binding arbitration under the U.S. Federal Arbitration Act (FAA), rather than in court, on an individual basis.
Forum & rules. Arbitration will be administered by [AAA or JAMS] under its Consumer Rules. The arbitrator may award the same damages and relief as a court on an individual basis.
Small claims & injunctive relief. Either party may bring an individual action in small claims court and may seek injunctive relief in court to protect IP or stop misuse.
Class/representative actions. No class, consolidated, or representative actions or arbitrations.
Opt‑out. You may opt out of arbitration and the class action waiver by emailing info@ourkeep.com within 30 days of your first acceptance of these Terms, stating your wish to opt out and providing your name, account email, and mailing address.
17) Governing Law
Except as preempted by the FAA, these Terms are governed by the laws of the State of WY, without regard to conflict of law principles. Subject to §16, the exclusive venue for any court proceedings (e.g., small claims or injunctive relief) will be the state or federal courts located in WY, and you consent to their jurisdiction.
18) Changes to the Services & Terms
We may update the Services and these Terms. If we make material changes, we will notify you (e.g., site banner, email, or account notice). The updated Terms take effect on the date stated. Continued use after that date constitutes acceptance.
19) Suspension & Termination
We may suspend orders or access to the Services for suspected fraud, abuse, or legal risk. You may close your account at any time via settings. Sections that by nature survive termination will continue to apply.
20) Contact
Ourkeep Legal/Support 30 N Gould St, STE 4000 Sheridan, WY 82801 US
Email: info@ourkeep.com
Address:
21) California Consumer Rights Notice (Cal. Civ. Code §1789.3)
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.
22) DMCA Notice
If you believe material on the Services infringes your copyright, please send a notice to DMCA Agent — Ourkeep, info@ourkeep.com, with: (1) your signature; (2) identification of the work and allegedly infringing material; (3) contact information; (4) a statement of good‑faith belief; and (5) a statement, under penalty of perjury, that you are authorized to act. Counter‑notices may be sent to the same contact.
