Kirkwood Industries,
Inc.
Web Site User Agreement and Disclaimers
Please read the following terms and conditions carefully before using this
Web site or any of our other Web sites. By accessing or using our sites, you
agree to the following terms and conditions. You should review these terms and
conditions regularly as they may change at any time at our sole discretion.
If you do not agree to any term or condition, you should not access or otherwise
use our sites. The following terms and conditions apply to all of our Web sites,
including any Web sites owned, operated or sponsored by any of our subsidiaries
or affiliates. "Content" refers to any materials, documents, images,
graphics, logos, design, audio, video and any other information provided from
or on our Web sites.
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your
information only. By merely providing access to our Web site content, we do
not warrant or represent that:
· the content is accurate or complete;
· the content is up-to-date or current;
· we have a duty to update any content;
· the content is free from technical inaccuracies or typographical errors;
· the content is free from changes caused by a third party; and
· your access to our Web site will be free from interruptions, errors,
computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our
Web site at your own risk. Under no circumstances, including, but not limited
to, negligence, shall we be liable for any direct or indirect, special, incidental
or consequential damages. This includes loss of data or profit arising out of
the use or the inability to use the content of this Web site, even if one of
our representatives has been advised of the possibility of your damages. If
your use of our Web site results in your need to service, repair or correct
equipment or data, you assume the costs to the extent the law allows. Some jurisdictions
do not allow the exclusion or limitation of liability for consequential or incidental
damages. In such jurisdictions, our liability is limited to the greatest extent
permitted by law.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without warranties of
any kind, either express or implied. We disclaim all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other Web sites maintained by third
parties or may provide third party content on our Web site by framing or other
methods. The links to third party Web sites are provided for your convenience
and information only. The content in any linked Web sites is not under our control
so we are not responsible for the content, including any further links in a
third party site. If you decide to access any of the third party sites linked
to our Web site, you do this entirely at your own risk. It is up to you to take
precautions to ensure that the third party you link to for your use is free
of computer viruses, "worms," "Trojan horses" and other
items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Web site at any time.
The fact that we provide a link to a third party Web site does not mean that
we endorse, authorize or sponsor that Web site. It also does not mean that we
are affiliated with the third party Web site's owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not An Endorsement
If a third party links to our Web site, it is not necessarily an indication
of an endorsement, authorization, sponsorship, affiliation, joint venture or
partnership by or with us. In most cases, we are not aware that a third party
has linked to our Web site.
A Web site that links to our Web site:
· May link to, but not replicate, our content;
· Should not create a browser, border environment or frame our content;
· Should not imply that we are endorsing it or its products;
· Should not misrepresent its relationship with us;
· Should not present false information about our products or services;
and
· Should not contain content that could be construed as distasteful,
offensive or controversial, and should contain only content that is appropriate
for all age groups.
6. If You Transmit or Provide Data to Us, It is Non-Confidential
We do not want to receive confidential or proprietary information from you through
our Web site. If you transmit to or post on our Web site any material, data,
information or idea by any means, it will be treated as non-confidential and
non-proprietary and may be disseminated or used by us for any purpose. Personal
data provided to us will be handled in accordance with our policies regarding
privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other content that could give rise to any civil
or criminal liability under the law.
7. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. In addition, our
Web site content is protected by trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
No content from www.kirkwood-ind.com, or any other Web site owned, operated,
licensed or controlled by us may be copied, reproduced, republished, modified,
uploaded, posted, transmitted, or distributed in any way. You also may not,
without our permission, "mirror" any material contained on our Web
site on any other server. The sole exceptions to these restrictions are:
· you obtain written permission from us to waive these restrictions;
or
· you may download one copy of the content on a single computer for informational,
non-commercial and personal use only, provided you keep intact all proprietary
notices and do not modify, and will not copy or post, the content on any network
computer or broadcast in any media.
Violation of these restrictions will be a violation of one or more laws and
is expressly prohibited by law. If you violate these restrictions, you may be
subject to civil and criminal penalties. If we grant you permission to waive
these restrictions, the permission terminates automatically if you breach any
of these terms or conditions. Upon termination, you must immediately destroy
any downloaded materials and printed materials.
8. By Providing Content, We Do Not Allow You to Use Our Trademarks
Unless otherwise noted, the trademarks, service marks, and logos used and displayed
on our Web site are our registered and unregistered trademarks. Nothing on this
Web site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark, without our written permission. We
aggressively enforce our intellectual property rights. The name of Kirkwood
Industries, Inc. or our logo may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on our Web site, without
prior written permission. You are not authorized to use our logo as a hyperlink
to our Web site unless you obtain our written permission in advance.
9. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices within the United States of America.
We make no representation that content or materials in the site are appropriate
or available for use in other jurisdictions. Access to our Web site content
or materials from jurisdictions where such access is illegal is prohibited.
If you choose to access this site from other jurisdictions, you do so on your
own initiative and are responsible for compliance with applicable local laws.
We are not responsible for any law violations. You may not use or export the
materials in this site in violation of U.S. export laws and regulations. Any
claims relating to our Web site and its content and materials shall be governed
by the laws of the State of Ohio without giving effect to any principles of
conflicts of laws. You agree that any legal action or proceeding between us
for any purpose concerning this Agreement or the parties' obligations shall
be brought exclusively in a federal or state court in Ohio.
10. You are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and conditions by updating this posting.
By using our Web site, you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the then current Kirkwood
Industries, Inc. Web Site User Agreement and Disclaimers to which you are bound.
Certain provisions of these terms and conditions may be superseded by other
legal notices or terms located on parts of our Web site.
11. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless Kirkwood Industries Inc., its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to us from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
this Agreement by you.
12. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Kirkwood Industries,
Inc. and its officers, directors, employees, agents, licensors, and suppliers.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
13. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time
for any reason; provided that you may no longer use our Web site after you have
terminated this Agreement. Provisions 2, 6, 7, 8, 9, 11, and 12 of this Agreement
shall survive any termination of this Agreement.
14. Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. We may assign our rights and duties
under this Agreement to any party at any time without notice to you.
|
