TERMS AND CONDITIONS
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND KMT AND GOVERN YOUR ACCESS TO, AND USE OF, THE KMT WEBSITE LOCATED AT WWW.KMTGENUINEPARTS.COM TOGETHER WITH THE SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE (THE “SITE”).
General Use Restrictions.
KMT provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by KMT and are the copyrighted and/or trademarked work of KMT Waterjet Systems or KMT’s contributors.
KMT grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services of this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
Password Restricted Areas of this Site.
You will need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, to not transfer your log in name and password to any KMT waterjet competitor, and agree to notify KMT if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify KMT of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
You agree to pay all fees or charges to your account at www.kmtgenuineparts.com, based on KMT’s fees, charges, and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that may apply. If you do not pay on time or if KMT cannot charge your credit card, PayPal or other payment method for any reason, KMT reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that KMT is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that KMT may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Correction of Errors and Inaccuracies.
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from this Site pass to the purchaser upon our delivery to the carrier.
Third Party Content.
Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to KMT (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademark work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. KMT DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not KMT sites. KMT is providing these links to you only as a convenience, and KMT is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to KMT set forth in this section and have received all necessary rights and authorizations, (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Submission is accurate and its accuracy will be maintained by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use robots, spiders or other automatic means to harvest user data.
Use any of the Materials, Submissions or Third Party Content in a manner that is competitive to the Site.
This list of prohibitions provides examples and is not complete or exclusive. KMT reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that KMT determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. KMT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at KMT’s discretion, KMT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require KMT to monitor, police or remove any Submissions or other information submitted by you or any other user.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold KMT and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) KMT or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
KMTWaterjet is a trademark of KMT Waterjet around the World. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of KMT, Copyright © 2006-2007 KMT. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by KMT, and they may include inaccuracies or typographical or other errors. KMT does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. KMT has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by KMT or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials, Submissions and/or Third Party Content on this Site.
KMT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES OR THE PRODUCTS OFFERED ON THIS SITE, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE PRODUCTS, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KMT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THE FOREGOING DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY SHIPPED TO YOU OR PROVIDED TO YOU WITH THE PRODUCT.
Limitation of Liability.
KMT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL KMT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF KMT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Local Laws; Export Control.
KMT controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, KMT may terminate and/or suspend your access to this Site without notice. KMT prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by KMT, may result in immediate termination of your access to this Site. KMT has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. KMT’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and KMT and supersede all prior or contemporaneous negotiations, discussions or agreements between you and KMT about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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