Terms of Use
Terms of Use
Effective Date: September 29, 2026
These Terms of Use govern your access to and use of the website kenfulk.com (https://kenfulk.com), operated by Ken Fulk, Inc (“We”, “Us”, “company”), with its registered address at Ken Fulk, Inc. 1401 Howard St San Francisco, CA 94103 (together, “we”, “us”, or “our”).
By accessing or using the website, platform, or purchasing any products made available through them, the Customer (“You”, “Your”, “Yours”) agree to be bound by these Terms of Use and all applicable laws and regulations.
If you do not agree to these Terms of Use, you must not access or use the website, platform, or purchase products made available through them. If you no longer agree to these Terms of Use at any time, you must immediately cease using the website and platform.
1. User Eligibility and Accounts
You must be at least 18 years old or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement, in order to access or use our website, platform, or purchase products made available through them. By accessing or using the website or platform, or purchasing products made available through them, you represent and warrant that you meet these requirements.
To use the website or platform, or purchasing products made available through them, you may require to create an account. Where such a requirement exists, You agree to provide accurate, complete, and up-to-date information when creating an account and to keep such information updated at all times.
Where You need to create an account, You are responsible for maintaining the confidentiality and security of your account credentials, including any usernames, passwords, or authentication methods. You are solely responsible for all activities that occur under your account, whether or not authorised by you. You must promptly notify us of any unauthorised access to or use of your account.
You may be permitted to access the Services through or connect your account with third-party services (such as social media or single sign-on providers). By doing so, you authorise us to access and use certain information from such third-party accounts as permitted by the applicable provider. We are not responsible for the availability, security, or functionality of such third-party services.
We reserve the right to suspend or terminate your account in accordance with these Terms if we reasonably believe that your account information is inaccurate, your account has been compromised, or your use of the Services violates these Terms or applicable laws.
2. Product and Orders
We make reasonable efforts to ensure that the information provided on the website or platform is accurate, complete, and up to date. Product descriptions, specifications, images, dimensions, colours, and other content are intended to provide a general description of the products. However, minor variations may occur, including due to differences in display settings, manufacturing processes, or product updates.
All products displayed on the website or platform are subject to availability. We reserve the right to withdraw, discontinue, or modify products at any time before a contract is formed between you and us.
By placing an order, you submit an offer to purchase the selected products in accordance with these Terms. After you submit an order, we may send you an acknowledgement confirming that your order has been received. Such acknowledgement does not constitute acceptance of your order unless expressly stated otherwise.
A contract between you and us shall be formed when your order is confirmed by us.
Until that time, we reserve the right to decline or cancel an order where: (a) the product is unavailable; (b) we identify an error in product information, pricing, or availability; (c) we reasonably suspect fraud, unauthorised activity, or a violation of these Terms; (d) we are unable to verify payment information or complete payment processing; or (e) we are required to do so to comply with applicable laws or regulatory obligations.
If we are unable to fulfil an order after payment has been received, we will notify you as soon as reasonably practicable and provide any refund required under applicable law.
You are responsible for ensuring that all information provided in connection with your order, including billing, shipping, and contact information, is accurate and complete. We shall not be responsible for delays or delivery issues arising from inaccurate or incomplete information provided by you.
3. Pricing and Payments
The price payable for a product will be the price displayed on the website or platform at the time you place your order. Unless otherwise stated, prices displayed on the website or platform do not include applicable taxes. Any applicable taxes, including VAT where required by applicable law, will be calculated and displayed before you complete your purchase.
Any delivery charges, shipping fees, or other additional charges applicable to your order will be clearly displayed before you complete your purchase and will form part of the total amount payable.
We reserve the right to change the prices of products at any time prior to the acceptance of your order. Any changes to product prices will not affect orders that have already been accepted in accordance with these Terms.
Payment must be made using one of the payment methods made available on the website or platform at the time you place your order. By submitting your payment information, you represent and warrant that you are authorised to use the selected payment method and that the payment information provided is accurate, complete, and up to date.
Payment processing services are provided by independent third-party payment service providers. Your use of such payment services may also be subject to the terms and conditions and privacy policies of the relevant payment service provider. We are not responsible for the availability, security, or performance of any third-party payment service.
If we are unable to successfully process your payment, or if a payment is declined, reversed, disputed, or otherwise fails, we may suspend the processing of your order or cancel your order where permitted by applicable law.
While we make reasonable efforts to ensure that pricing information is accurate, errors may occasionally occur. If we discover an error in the price of a product before your order is accepted, we will inform you of the correct price and provide you with the opportunity to proceed with your order at the correct price or cancel your order. If we are unable to contact you, the order will be treated as cancelled. Where payment has already been received, any refund due will be made in accordance with applicable law.
4. Shipping and Delivery
Information regarding shipping methods, delivery locations, delivery charges, estimated delivery times, and other shipping-related matters is set out in our Shipping and Delivery Policy. The Shipping and Delivery Policy forms an integral part of these Terms and should be read together with them.
5. Returns, Refunds, and Cancellations
Information regarding your right to cancel an order, return products, request a refund or exchange, and any applicable conditions or procedures is set out in our Returns, Refunds, and Cancellations Policy. The Returns, Refunds, and Cancellations Policy forms an integral part of these Terms and should be read together with them.
Nothing in the Returns, Refunds, and Cancellations Policy limits or excludes any statutory rights available to consumers under applicable law.
6. User Obligations and Acceptable Use
You agree to access and use the website and platform only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. When using the website or platform, you agree that you will not: (a) use the website or platform in any manner that is unlawful, fraudulent, misleading, or otherwise inconsistent with these Terms; (b) provide false, inaccurate, incomplete, or misleading information when placing an order, creating an account, or otherwise interacting with the website or platform; (c) impersonate another person or entity or falsely represent your affiliation with any person or entity; (d) interfere with, disrupt, damage, or compromise the operation, security, or integrity of the website, platform, or any related systems or networks; (e) introduce viruses, malware, malicious code, or any other harmful technology into the website or platform; (f) attempt to gain unauthorised access to the website, platform, customer accounts, systems, or networks connected to the website or platform; (g) use any automated means, including bots, crawlers, scrapers, or similar technologies, to access, monitor, copy, or extract content from the website or platform without our prior written consent, except where permitted by applicable law; (h) copy, reproduce, distribute, modify, or otherwise exploit any part of the website or platform except as expressly permitted by these Terms or applicable law; (i) infringe or violate our intellectual property rights or the rights of any third party; (j) engage in any conduct that may adversely affect the availability, functionality, security, or use of the website or platform by us or other users; or (k) otherwise use the website or platform in a manner that could reasonably be expected to cause harm to us, other users, or any third party.
You are responsible for ensuring that all information and materials provided by you in connection with your use of the website or platform are accurate, complete, and lawful.
Failure to comply with this section may result in the suspension or termination of your access to the website or platform, cancellation of your orders where appropriate, or any other action permitted under these Terms or applicable law.
7. Reviews and User Content
The website or platform may allow you to submit, post, upload, publish, or otherwise make available reviews, ratings, comments, feedback, images, videos, or other content (“User Content”).
You are solely responsible for any User Content that you submit through the website or platform. By submitting User Content, you represent and warrant that: (a) you own or otherwise have the necessary rights, licences, consents, and permissions to submit the User Content; (b) your User Content is accurate, truthful, and not misleading to the best of your knowledge; (c) your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; (d) your User Content does not contain any unlawful, defamatory, abusive, obscene, discriminatory, fraudulent, or otherwise objectionable material; and (e) your User Content complies with these Terms and all applicable laws and regulations.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, distribute, display, and otherwise use such User Content in connection with the operation, promotion, improvement, and marketing of the website, platform, and our business, in any media and format, for the duration of the applicable intellectual property rights, unless otherwise prohibited by applicable law.
You acknowledge and agree that we are under no obligation to publish, monitor, review, or maintain any User Content. We reserve the right, but not the obligation, to remove, refuse to publish, edit, restrict, or disable access to any User Content where we reasonably believe that it violates these Terms, applicable law, or the rights of any person.
Unless expressly stated otherwise, User Content represents the views of the person submitting it and does not represent our views or endorsements. We do not guarantee the accuracy, completeness, or reliability of any User Content.
Nothing in this section limits any rights or obligations arising under applicable consumer protection laws, including laws relating to consumer reviews and unfair commercial practices.
8. Intellectual Property
Unless otherwise stated, the website, platform, and all content, materials, features, functionality, text, graphics, logos, icons, images, audio, video, software, designs, layouts, databases, trademarks, service marks, trade names, and other intellectual property made available through the website or platform are owned by or licensed to us and are protected by applicable intellectual property and other laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the website and its content solely for your personal, non-commercial use for the purpose of browsing the website and purchasing our products.
Except as expressly permitted by these Terms or applicable law, you must not: (a) copy, reproduce, distribute, publish, display, transmit, modify, create derivative works from, sell, license, lease, reverse engineer, decompile, or otherwise exploit any part of the website, platform, or its content; (b) remove, alter, or obscure any copyright, trademark, or other proprietary notices; (c) use any of our trademarks, logos, trade names, branding, or other proprietary identifiers without our prior written consent; or (d) use any content from the website or platform for any commercial purpose without our prior written consent.
Nothing in these Terms transfers or assigns any intellectual property rights to you except for the limited licence expressly granted under this section.
Any feedback, suggestions, ideas, or other recommendations you voluntarily provide regarding the website, platform, or our products may be used by us without restriction or obligation to compensate you, unless otherwise agreed in writing.
If you believe that any content available through the website or platform infringes your intellectual property rights, please contact us using the contact details provided in these Terms so that we may investigate the matter and take appropriate action where required.
9. Privacy and Data Protection
We collect, use, store, and otherwise process your personal information in accordance with our Privacy Policy, which forms an integral part of these Terms.
Our Privacy Policy explains, among other things, what personal information we collect, how we use it, the legal bases on which we process it where required by applicable law, the circumstances in which we may share it with third parties, how long we retain it, and the rights available to you in relation to your personal information.
By using the website or platform or purchasing products through it, you acknowledge that your personal information will be processed in accordance with our Privacy Policy.
Where cookies or similar technologies are used, they will be governed by our Cookie Policy or similar notice, where applicable.
You are responsible for ensuring that any personal information you provide to us is accurate, complete, and kept up to date to the extent necessary for us to provide our products and comply with our legal obligations.
10. Third Party Services
The website or platform may contain, integrate with, or otherwise make available products, services, software, websites, applications, content, or features provided by third parties (“Third Party Services”). Where necessary to fulfil your order or provide our products and services, we may engage such third parties, including payment processors, shipping and delivery providers, communication providers, hosting providers, or other service providers.
Your use of any Third Party Services may be subject to the terms, conditions, and policies of the applicable third party. We encourage you to review those terms and policies before using any Third Party Services.
We are not responsible for the availability, content, security, or practices of Third Party Services that are owned or controlled by third parties. We do not warrant or guarantee the products, services, or information provided by any third party unless expressly stated otherwise.
Links to third-party websites or services are provided solely for your convenience and do not constitute our endorsement, approval, or recommendation of those third parties or their products or services.
Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law.
11. Disclaimers and Warranties
Except as expressly provided in these Terms or required under applicable law, the website, platform, and all content made available through it are provided on an “as is” and “as available” basis.
We make reasonable efforts to ensure that the information made available through the website or platform is accurate, complete, and up to date. However, we do not warrant that the website or platform will always be uninterrupted, secure, error-free, or free from viruses or other harmful components, or that any defects will be corrected.
To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions that are not expressly stated in these Terms or otherwise required by applicable law.
Nothing in these Terms excludes, limits, or affects any statutory rights or legal guarantees available to consumers under applicable law, including any rights relating to the conformity, quality, fitness, or remedies applicable to the products or other offerings made available through the website or platform.
Where we provide a commercial warranty or guarantee, its terms will be communicated separately and will apply in addition to any statutory rights or legal guarantees available to you under applicable law.
12. Limitation of Liability
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Subject to the foregoing, we will not be liable for any loss or damage arising from your use of, or inability to use, the website or platform, or from any interruption, suspension, delay, or unavailability of the website or platform, except where such loss or damage results from our breach of these Terms, negligence, or other liability imposed under applicable law.
To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with these Terms, the website or platform, or the purchase or use of our products.
Nothing in these Terms excludes or limits your statutory rights or any remedies available to you under applicable consumer protection laws.
13. Suspension and Termination
We reserve the right to suspend, restrict, or terminate your access to the website or platform, cancel or refuse any order, or terminate your account, where applicable, if we reasonably believe that: (a) you have breached these Terms; (b) you have engaged in unlawful, fraudulent, abusive, or deceptive conduct; (c) you have provided false, inaccurate, or misleading information; (d) your use of the website or platform may adversely affect the security, integrity, availability, or operation of the website, platform, or any related systems; (e) suspension or termination is necessary to comply with applicable law, a court order, or the request of a competent regulatory or governmental authority; or (f) suspension or termination is otherwise reasonably necessary to protect our rights, property, legitimate interests, or those of our users or third parties.
Where reasonably practicable, we will notify you of any suspension or termination and, where appropriate, provide you with an opportunity to remedy the issue before taking such action. We may, however, suspend or terminate your access immediately where immediate action is reasonably necessary, including to protect the security or integrity of the website or platform, prevent fraud, comply with applicable law, or avoid harm to us or others.
Suspension or termination under this section does not affect any rights, remedies, obligations, or liabilities that have accrued prior to the date of suspension or termination.
You may stop using the website or platform at any time. Where you have created an account, you may request its closure by contacting us using the contact details provided in these Terms, subject to any obligations we have to retain information under applicable law.
14. Governing Law and Jurisdiction
These Terms, and any dispute, claim, or non-contractual obligation arising out of or in connection with these Terms, the website or platform, or the purchase of our products, shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles.
If you are a consumer residing in a country where mandatory consumer protection laws apply, nothing in these Terms deprives you of any rights or protections that cannot be excluded or limited under the laws of your country of residence.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California, USA, except where applicable law provides that you may bring proceedings in the courts of your country of residence or another competent jurisdiction.
15. Dispute Resolution
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved exclusively through proceedings before the courts of California, USA, in accordance with the governing law specified in these Terms.
Nothing in this section shall prevent either party from seeking interim or injunctive relief from any court of competent jurisdiction where such relief is necessary to protect its rights.
16. Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with your use of the website, platform, and Services. We shall comply with all applicable laws and regulations in connection with the provision of the website, platform, and Services.
17. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, failures of utilities or telecommunications networks, or interruptions to internet services.
Where such an event occurs, we shall be entitled to a reasonable extension of time to perform the affected obligations. If the event continues for an extended period, we may suspend or terminate the affected Services upon providing reasonable notice.
18. Assignment
You may not assign, transfer, novate, charge, subcontract, delegate, declare a trust over, or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.
We may assign, transfer, novate, subcontract, delegate, charge, or otherwise dispose of any of our rights or obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganisation, sale of assets, or by operation of law, provided that such transfer does not materially reduce your rights under these Terms.
Any attempted assignment, transfer, novation, charge, delegation, or other disposal in breach of this clause shall be null and void to the extent permitted by applicable law.
These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
19. Changes to the Terms
We may update or modify these Terms from time to time to reflect changes to the website, platform, or Services, changes in applicable laws or regulations, or for other operational, legal, or business reasons.
Where we make material changes to these Terms, we will provide notice to you through the Services, by email, or by other appropriate means reasonably designed to bring the changes to your attention.
Your continued use of the website, platform, or Services after the updated Terms come into effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and, where applicable, cancel your subscription.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
21. Waiver
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any further exercise of that or any other right, power, or remedy.
Any waiver of any provision of these Terms shall be effective only if made in writing and shall not be deemed a waiver of any subsequent breach or default.
22. Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of the website, platform, and Services, and supersede all prior agreements, understandings, representations, and arrangements, whether written or oral.
You acknowledge that you have not relied on any statement, representation, assurance, or warranty that is not expressly set out in these Terms, except to the extent that such exclusion is not permitted under applicable law.
23. Survival
Any provisions of these Terms which by their nature are intended to survive termination or expiry, including provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, governing law, and jurisdiction, shall survive termination or expiry of these Terms.
24. Interpretation
In these Terms, unless the context otherwise requires: (a) headings are for convenience only and shall not affect the interpretation of these Terms; (b) references to “including”, “include”, or similar expressions shall be construed as illustrative and shall not limit the generality of the preceding words; (c) references to any law or regulation shall include any amendments, re-enactments, or replacements from time to time; (d) references to the singular include the plural and vice versa, and references to any gender include all genders; (e) references to “written” or “in writing” include email and other electronic communications, unless otherwise expressly stated; and (f) any obligation on a party not to do something includes an obligation not to permit or allow that thing to be done.
25. Notices
Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered through the website or platform, sent by email to the address associated with your account, or by other means reasonably designed to ensure receipt.
Notices to us shall be sent to:
- Ken Fulk, Inc 1401 Howard St San Francisco, CA 94103
- Email: info@kenfulk.com
You are responsible for ensuring that your contact information, including your email address, is accurate and up to date. We are not responsible for any failure to receive notices where such failure results from inaccurate or outdated contact information provided by you.
Any notice sent under these Terms shall be deemed to have been received:
- if delivered by hand, at the time of delivery;
- if sent by pre-paid post, 30 business day(s) after posting; and
- if sent by email, at the time of transmission, provided no delivery failure notification is received.