1. TERMS OF USE.
This is an Agreement between you and all
persons you represent and King Industrial
Supply, Inc. ("King"). This Agreement
states the terms and conditions of your
use of King's website (the "Site").
By accessing or using the Site, you agree
to the terms and conditions set forth in
this Agreement. If you do not accept these
terms and conditions, please do not use
the Site. We reserve the right to update
these provisions from time to time in our
discretion. You should review these provisions
periodically for updates and changes. “We”,
“our” and similar phrases herein
refer to King.
2. USE OF THE SITE
The Site may be used only for lawful purposes.
You agree to comply with all applicable
laws, statutes, ordinances and regulations
regarding your use of the Site. You agree
that any information provided by you will
be accurate, complete and up-to-date and
will not: (a) be fraudulent or in any way
misleading; (b) infringe any third party's
copyright or other intellectual property
rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance
or regulation; or (d) be defamatory, abusive,
threatening or harassing, offensive, obscene
or sexually explicit. You hereby grant to
King and its agents and contractors a
royalty-free perpetual, irrevocable, non-exclusive
right and worldwide license to use, reproduce,
modify, adapt, publish, translate and distribute
any content or information submitted by
you (in whole or part) and/or to incorporate
it in other works in any media now known
or hereafter developed for the full term
of any copyright that may exist in such
content.
3. TRADEMARKS.
King, the King logo and the services described
in the Site, including KingIndustrialSupply.com,
are either trademarks or registered trademarks
of King and may not be copied, imitated
or used, in whole or in part, without
our prior written consent. All page headers,
custom graphics, icons and scripts are
service marks, trademarks and/or trade
dress of King, and may not be copied,
imitated or used, in whole or in part,
without our prior written consent. All
other trademarks, registered trademarks,
product names and company names or logos
mentioned in the Site are the property
of their respective owners.
4. OWNERSHIP.
Copyright © King Industrial Supply,
Inc. 2007. All Rights Reserved. The Site
and all information (in text, graphical,
video and audio forms), images, icons,
software, designs, applications, models,
data, and other elements available on
or through the Site are the property of
King and others and are protected by United
States and international copyright, trademark,
and other laws. Your use of the Site does
not transfer to you any ownership or other
rights in the Site or its content.
5. PERMITTED USES OF THE WEBSITE.
The Site may not be copied, imitated,
reproduced, republished, transmitted,
modified, mirrored or distributed in any
way, in whole or in part without our express
prior written consent. You may not: (a)
upload, download, distribute, or reproduce
in any way any such proprietary materials
without obtaining our prior consent; (b)
alter, remove, or obscure any copyright,
trademark, confidentiality, ownership
or other notices or markings from the
Site, including all screen displays and
downloadable documentation; (c) modify,
translate, produce a source listing, decompile,
disassemble, or reverse engineer the Site;
or (d) create derivative versions of any
part of the Site; (e) rent, transfer,
distribute or grant any rights in the
Site in any form.
6. PERSONAL INFORMATION POLICY.
King collects, uses and discloses information
regarding your use of the Site and your
personal information in accordance with
the Privacy Policy, which is available
by clicking here. We may change the Privacy
Policy from time to time in our discretion
without prior notice or liability to you
or any other person. By accepting this
Agreement, and each time you use the Site,
you consent to our collection, use and
disclosure of your personal information
in accordance with the Privacy Policy
as it then reads without any further notice
or any liability to you or any other person.
7. OTHER SITES.
The Site may includes links to other websites
or resources and businesses operated by
or other persons (collectively, "Other
Sites"). Other Sites are independent
from King, may have different or inconsistent
privacy policies or terms of use, and
King has no responsibility or liability
for or control over Other Sites, their
business, goods, services, or content.
Links to Other Sites are provided solely
for your convenience. We do not sponsor
or endorse any Other Sites or their content
or the goods or services available through
those Other Sites. Your use of Other Sites
and your dealings with the owners or operators
of Other Sites is at your own risk, and
you shall not make any claim against King
arising out of your use of any Other Sites
or your dealings with the owners or operators
of any Other Sites.
8. INDEMNIFICATION.
You agree to indemnify, defend, and hold
King, its owners, affiliates, officers,
directors, agents, employees, harmless
from any claims or demands of any third
party, including, but not limited to,
attorneys' fees fees, resulting from or
arising out of your use of the Site, any
information submitted by you, or your
violation of any terms and conditions
of this Agreement.
9. DISCLAIMER.
The internet is not a secure medium, may
be subject to interruption and disruption,
and breaches of security and privacy.
The operation of the Site may not be continuous
or uninterrupted, secure or private.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT
ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AND
INCLUDING WITHOUT LIMITATION REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY,
TIMELINESS, ACCURACY OR COMPLETENESS,
ALL OF WHICH ARE HEREBY DISCLAIMED BY
King TO THE FULLEST EXTENT PERMITTED
BY LAW.
10. LIABILITY EXCLUSION
King WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU FOR ANY LOSS OF USE,
LOSS OF INCOME OR PROFITS (ANTICIPATED
OR OTHERWISE), SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY,
RELATING TO YOUR USE OF THE SITE, AND
NOTWITHSTANDING THAT King MAY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES. WITHOUT LIMITING THE FOREGOING,
IN NO EVENT WILL KING’S TOTAL LIABILITY
TO YOU FOR ANY CLAIMS, LIABILITIES, OBLIGATIONS,
OR DAMAGES EXCEED $100 (US).
11. TERMINATION.
King has the right, in its sole discretion,
to terminate any services of the Site
and remove any materials from the Site.
King may also terminate your access
to any part or all of the services provided
by King on the Site at any time, with
or without cause or notice, for any reasons.
King shall not be responsible for maintaining
or returning any information submitted
by you.
12. MISCELLANEOUS.
King is based in Tiffin, Ohio. This
Agreement and your use of the Site shall
be governed by Ohio law. No choice of
law rules of any jurisdiction will apply.
The State and Federal District Courts
for Seneca County, Ohio shall have exclusive
jurisdiction and venue of any action or
proceeding arising out of or relating
to this Agreement or your use of the Site.
If any provision of this Agreement is
found to be invalid by any court having
competent jurisdiction, the invalidity
of such provision shall not affect the
validity of the remaining provisions of
this Agreement, which shall remain in
full force and effect. No waiver of any
term of this Agreement shall be deemed
a further or continuing waiver of such
term or any other term. This Agreement
constitutes the entire Agreement between
you and King with respect to the use
of the Site. Any changes to this Agreement
must be made in writing, signed by an
authorized representative of King
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