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Terms and Conditions for Kleerdex Web Site
Welcome to the Kleerdex Company web site (the “Site”)
owned and operated by the Kleerdex Company. This Agreement contains
the terms, covenants, conditions and provisions (the “Terms
and Conditions”) upon which you (the “User”) may
access and use this Site.
Terms and Conditions
By visiting the Site, you, the User, indicate that you understand
these Terms and Conditions and intend them to be the legal equivalent
of a signed, written contract and equally binding, and that you
accept such Terms and Conditions and agree to be legally bound by
them. If you do not agree to these Terms and Conditions, please
discontinue your use of the Site.
Please note that Kleerdex reserves
the right to change the Terms and Conditions under which this
Site and its offerings are extended
to you. Your continued use of this Site, following reasonable
notice of such modifications, will be conclusively deemed
acceptance of
any changes to these Terms and Conditions.
- Grant of License. This Agreement provides
you, the User, with a personal, revocable, nonexclusive, nontransferable
license
to use this Site conditioned on your continued compliance with
the Terms and Conditions of this Agreement. Users may print and
download materials and information on this Site solely for personal
and noncommercial use, provided that all hard copies contain
all copyright and other applicable notices contained in such
materials
and information, and for the purpose of doing business with Kleerdex.
Notwithstanding the foregoing and except as otherwise expressly
permitted herein, a User may not modify, copy, distribute, broadcast,
transmit, reproduce, publish, license, transfer, sell, scrape,
mirror, frame, or otherwise use any information or material obtained
from or through this Site. As a further condition of use of this
Site, all Users warrant to Kleerdex that they will not use this
Site for any purpose that is unlawful, prohibited by any applicable
regulation or is otherwise inconsistent with these Terms and
Conditions.
- Provision of Information. When you provide information
to Kleerdex through the Site, you agree to provide true, accurate,
current and complete information about yourself. You also agree
not to impersonate any person or entity, misrepresent any affiliation
with another person, entity or association, or conceal your
identity from Kleerdex for any purpose.
- Notices, Communications, and Electronic Signatures. You
agree to be bound by any affirmance, assent or agreement you
transmit through the Site. You agree that, when in the future
you visit the Site, your agreement or consent to these Terms
and Conditions will be legally binding and enforceable and
the legal equivalent of your handwritten signature.
- Intellectual Property Rights. All material contained on
this Site, unless otherwise indicated, is protected by law
including, but not limited to, United States copyright and
trademark law, as well as other state, national, and international
laws and regulations. Except as expressly provided herein,
Kleerdex does not grant any express or implied right(s) to
Users of this Site. Copyright and other proprietary rights
in the Site, or portions thereof, may be held by individuals
and/or entities other than Kleerdex. Removing or altering the
copyright notice on any material on this Site is prohibited.
Kleerdex owns a copyright in the Site as a collective work
and/or compilation, and in the selection, coordination, arrangement,
and enhancement of the Site’s content. KLEERDEX, KYDEX,
the Kleerdex logo and all other trademarks, names, logos, and
icons identifying Kleerdex or Kleerdex’s products and
services are proprietary marks of Kleerdex.
- Privacy Policy. Please see Kleerdex’s Privacy
Policy for a summary of Kleerdex’s practices regarding
the collection and use of personal information. Acceptance
of these Terms and Conditions constitutes consent to Kleerdex’s
collection and use of personal information as outlined therein.
- Compliance with Applicable Laws. User’s access to
this Site is governed by all applicable federal, state and
local laws.
- Code of Conduct. You agree not to do any of the following:
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so.
- Post, store, or transmit any knowingly inaccurate or misleading
personal or financial information.
- Post, store, or transmit any unlawful, threatening, defamatory,
obscene, inflammatory, pornographic, profane, or otherwise objectionable
(as determined by Kleerdex) information or material.
- Post, store, or transmit any information or material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
- Use the Site to post, store, or transmit any information or software
that contains a virus, worm, Trojan horse, or other harmful or disruptive
component.
- Use the Site to post, store, or transmit materials in violation
of another party’s copyright or other intellectual property
rights. You are solely responsible for determining whether any material
you post, store, or transmit is subject to a third party's rights.
- Use the Site for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse
engineer, decompile or disassemble any portion of the Site.
- Assumption of Risk. Use of the Internet and this Site
is solely at your own risk and is subject to all applicable
local, state, national, and international laws and regulations.
While Kleerdex has endeavored to create a secure and reliable
Site, please be advised that the confidentiality of any communication
or material transmitted to/from this Site over the Internet
cannot be guaranteed. Accordingly, Kleerdex and its employees,
agents, directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors,
and assigns are not responsible for the security of any information
transmitted via the Internet. The User assumes sole and complete
risk for using this Site and must make his or her own determination
as to these matters.
- Law Enforcement. Kleerdex reserves the right to view,
monitor, and record activity on the Site without notice or
permission from you. Any information obtained by monitoring,
reviewing, or recording is subject to review by law enforcement
organizations in connection with investigation or prosecution
of possible criminal activity on the Site. Kleerdex will also
comply with all court orders involving requests for such information.
- Links to Other Sites. Kleerdex may offer links to other
web sites (“third-party sites”) that may offer
various products, services, and/or information. Users should
be aware that use of these third-party web sites may be subject
to separate terms and conditions, information collection practices,
and other provisions. Kleerdex cannot ensure that users will
be satisfied with any products or services offered and/or purchased
from such third-party sites. Kleerdex does not endorse any
of the products or services offered in any third-party sites.
Further, Kleerdex has not taken any steps to confirm the correctness,
accuracy, or reliability of any information contained in any
third-party sites. Before proceeding with any transaction with
any third-party site, whether the transaction is on-line or
off-line, it shall be the sole responsibility of the User to
conduct whatever investigation such User deems necessary and
appropriate.
- Events Beyond Kleerdex’s Control. Users expressly
absolve and release Kleerdex from any claim of harm resulting
from a cause beyond Kleerdex’s control including, but
not limited to, failure of electronic or mechanical equipment
or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, or natural disasters, strikes
or other labor problems, wars, terrorism, or governmental restrictions.
- DISCLAIMERS. WHILE KLEERDEX ENDEAVORS
TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION
AVAILABLE ON THIS SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER,
KLEERDEX MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE
OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR
ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR
RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
KLEERDEX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS,
TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR
ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL KLEERDEX BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY
OR INABILITY TO USE THIS SITE, ANY INFORMATION AVAILABLE ON
THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS
SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF KLEERDEX HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS,
KLEERDEX’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $1,000.00.
- Indemnity. You agree to defend, indemnify, and hold harmless
Kleerdex and its affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors,
and assigns, from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees and litigation
expenses), relating to or arising from your use of the Site
or any breach by you of this Agreement. Kleerdex reserves the
right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without
the written consent of Kleerdex. You agree to cooperate as
fully as reasonably required in Kleerdex’s defense of
any claim.
- Submissions. Kleerdex also welcomes your feedback and
suggestions about how to improve our products and services
and this Site. Any ideas, suggestions, information, know-how,
material, or any other content (collectively, “content”)
received through this Site, however, will be deemed to include
a royalty-free, perpetual, irrevocable, nonexclusive right
and license for Kleerdex to adopt, publish, reproduce, disseminate,
transmit, distribute, copy, use, create derivative works, display,
(in whole or part) worldwide, or act on such content without
additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of
any rights that may exist in such content, and User hereby
waives any claim to the contrary.
- Digital Millennium Copyright Act. The Digital Millennium
Copyright Act of 1998 provides recourse for copyright owners
who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. Kleerdex reserves the
right to remove any material on the Site which allegedly infringes
another person’s copyright. Notices to Kleerdex regarding
any alleged copyright infringement on the Site should be directed
to:
Kleerdex Company
Customer Service Department
6685 Low Street
Bloomsburg, PA 17815
USA
800.325.3133
570.389.5810
From Outside the US:
+1.570.387.5814
info@kleerdex.com
- Governing Law. This Agreement has
been made in, and will be construed and enforced in accordance
with the laws of the Commonwealth of Pennsylvania, as applied
to agreements entered into and completely performed in the
Commonwealth of Pennsylvania. Any action to enforce this Agreement
will be brought in the federal or state courts presiding in
Pennsylvania, and all parties to this Agreement expressly agree
to be subject to the jurisdiction of such courts. This Site
is controlled and operated by Kleerdex from its offices within
the United States. Kleerdex makes no representation that materials
in the Site are appropriate or available for use in other locations,
and access to them from territories where any of the contents
of this Site are illegal is prohibited. Those who choose to
access this Site from other locations do so of their own volition
and are responsible for compliance with applicable local laws.
- Waiver. Failure to insist on strict performance of any
of the Terms and Conditions of this Agreement will not operate
as a waiver of any subsequent default or failure of performance.
No waiver by Kleerdex of any right under these Terms and Conditions
will be deemed to be either a waiver of any other right or
provision or a waiver of that same right or provision at any
other time.
- Severability. If any part of these Terms and Conditions
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers
and the liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most clearly matches the intent
of the original provision and the remainder of these Terms
and Conditions shall continue in effect.
- Relationship. No joint venture, partnership, employment,
or agency relationship exists between a User and Kleerdex as
a result of this Agreement or User’s utilization of this
Site.
- Anti-Hacking. You may not, nor may you allow others to, directly
or indirectly, attempt to or actually disrupt, impair or interfere
with, alter or modify the Site or any content. You may not,
nor may you allow others to, directly or indirectly, collect
or attempt to collect any information about others.
- Entire Agreement/Reservation of Rights. These
Terms and Conditions, together with the Kleerdex
Privacy Policy,
which is hereby incorporated as if set forth fully herein,
represent the entire agreement between the User and
Kleerdex with respect to use of and material available on or
through this Site, and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or
written between the User and Kleerdex with respect to this
Site. Any rights not expressly granted herein are reserved.
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