1.
General.
These
General Terms and Conditions
of Use ("Terms") are entered
into by and between you and
KINGERSONS, a New York
corporation. In consideration
of your use of and access
to this Internet site (the
"KINGERSONS.com Site"),
and the promises and obligations
herein, and intending to be
legally bound, you and KINGERSONS
hereby agree as follows:
Your
access to and use of the KINGERSONS.com
Site is subject to these Terms,
as well as any modifications
issued by KINGERSONS
to these Terms, and all applicable
laws and regulations.
Among
other things, KINGERSONS.com
Site provides information
concerning various products
and services and the opportunity
to obtain additional information
concerning those products
and services or to purchase
them. These Terms and the
information provided in the
KINGERSONS.com Site
in no way override the terms
and conditions of your purchase
of any product or service
except as specifically provided
herein. To the extent any
area within the KINGERSONS.com
Site contains specific terms
and conditions concerning
its use ("Specific Terms"),
those Specific Terms are in
addition to these Terms. To
the extent there is a direct
conflict between these Terms
and the Specific Terms, the
Specific Terms shall prevail.
2.
Changes in Terms.
KINGERSONS
shall have right at any time
and without prior notice,
at its sole discretion, to
revise these Terms or to impose
new terms and conditions with
respect to access to or use
of the KINGERSONS.com
Site. Such revisions and additions
shall be effective immediately
upon notice thereof, which
may be given by any means,
including but not limited
to posting the revised or
additional terms and conditions
on the KINGERSONS.com
Site. You are responsible
for reviewing the KINGERSONS.com
Site periodically for any
modification to this Agreement
that may affect your rights
or obligations hereunder.
You agree that you shall be
deemed to be apprised of and
bound by any modification
by KINGERSONS to these
Terms. ANY ACCESS OR USE OF
THE kingersons.biz SITE
BY YOU AFTER NOTICE OF REVISIONS
OR ADDITIONS TO THESE TERMS
SHALL CONSTITUTE AND BE DEEMED
TO BE YOUR AGREEMENT TO SUCH
REVISIONS OR ADDITIONS. No
modification to these Terms
by any party other than KINGERSONS
shall be valid or enforceable
against KINGERSONS
unless expressly agreed to
by KINGERSONS in a
writing signed by a duly authorized
officer of KINGERSONS.
3.
Termination.
These
Terms are effective until
terminated by KINGERSONS.
KINGERSONS may terminate
these Terms without notice
and at any time. In the event
of termination, you are no
longer authorized to access
the KINGERSONS.com
Site, and the restrictions
imposed on you with respect
to the Content, and the disclaimers,
indemnities, and limitations
of liabilities set forth in
these Terms shall survive
termination.
KINGERSONS
shall also have the right
without notice and at any
time to terminate the KINGERSONS.com
Site or any portion thereof,
or any products or services
offered through the kingersons.biz
Site, or to terminate any
individual's right to access
or use the kingersons.biz
Site or any portion thereof.
4.
Compliance with Laws
You
agree to comply with all applicable
laws, statutes, ordinances
and regulations regarding
your use of the kingersons.biz
Site and your purchase of
the items on the kingersons.biz
Site. You must be at least
18 years old to use the kingersons.biz
Site.
5.
Content.
The
text, images, photographs,
graphics, logos, illustrations,
descriptions, data, and other
material provided on the kingersons.biz
Site, as well as the selection,
assembly and arrangement thereof,
are referred to collectively
as the "Content."
The
Content may contain errors,
omissions, or typographical
errors or may be out of date.
KINGERSONS may change, delete,
or update any Content at any
time and without prior notice.
The Content is provided for
informational purposes only
and is not binding on KINGERSONS
in any way except to the extent
it is specifically indicated
to be so.
Unless
otherwise noted, all Content
is protected by copyrights,
trademarks, service marks,
and other proprietary rights
that are owned by KINGERSONS
or by third parties that have
licensed their use to KINGERSONS.
You may view and use the Content
only for your personal information
and for shopping and ordering
on the kingersons.biz Site,
and for no other purpose,
and you shall retain intact
all copyright and other proprietary
notices. Except as provided
in the foregoing, KINGERSONS
does not grant to you or any
person any right to use, reproduce,
copy, modify, transmit, display,
publish, sell, license, create
derivative works, publicly
perform, or distribute by
any means, method, or process
whatsoever, now known or hereafter
developed, any of the Content
on or transmitted through
the kingersons.biz Site, including
without limitation by transferring,
downloading or otherwise copying
any Content onto any disk
drive or other storage medium.
Any use of the Content, except
as specifically permitted
in these Terms or as otherwise
expressly permitted in the
Content or in a writing signed
by KINGERSONS, is strictly
prohibited.
6.
Linked Third Party Sites.
Links
to other Internet sites operated
by third parties, including
KINGERSONS vendors, do not
constitute sponsorship, endorsement,
or approval by KINGERSONS
of the content, policies,
or practices of such linked
sites. Linked sites are not
operated, controlled, or maintained
by KINGERSONS, and KINGERSONS
is not responsible for the
availability, content, security,
policies, or practices of
linked sites, including without
limitation privacy policies
and practices. Links to other
sites are provided for your
convenience only, and you
access them at your own risk.
7.
Prices; Orders.
All
prices displayed on the kingersons.biz
Site are quoted in U.S. dollars.
KINGERSONS may restrict delivery
to addresses within the United
States and Canada. KINGERSONS
will add shipping and handling
fees and applicable sales/use
tax. KINGERSONS reserves the
right without prior notice
to discontinue or change specifications
and prices on products and
services offered on the kingersons.biz
without incurring any obligation
to you. Products displayed
on this site are available
while supplies last. Descriptions
of, or references to, products
or services on the kingersons.biz
Site do not imply endorsement
of that product or service,
or constitute a warranty,
by KINGERSONS.
The
receipt by you of an order
confirmation does not constitute
KINGERSONS's acceptance of
an order. Prior to KINGERSONS's
acceptance of an order, verification
of information may be required.
KINGERSONS reserves the right
at any time after receipt
of your order to accept or
decline your order, or any
portion thereof, even after
your receipt of an order confirmation
from KINGERSONS, for any reason.
KINGERSONS reserves the right
to limit the order quantity
on any item and to refuse
service to any customer without
prior notification.
In
the event that a product or
service is listed at an incorrect
price due to supplier pricing
information or typographical
error, KINGERSONS shall have
the right to refuse or cancel
orders placed for the product
listed at the incorrect price,
regardless of whether the
order has been confirmed and
your credit card charged.
If your credit card has already
been charged for the purchase
and your order is canceled,
KINGERSONS shall promptly
issue a credit to your credit
card account in the amount
of the incorrect price.
8.
Disclaimer and Limitation
of Liability as to the kingersons.biz
Site and Content.
KINGERSONS
MAKES NO WARRANTIES OR REPRESENTATIONS
WHATSOEVER WITH RESPECT TO
THE kingersons.biz SITE OR
ANY LINKED SITE OR ITS CONTENT,
INCLUDING THE AVAILABILITY
OF ANY SITE OR THE CONTENT,
INFORMATION AND MATERIALS
ON IT OR THE ACCURACY, COMPLETENESS,
OR TIMELINESS OF THAT CONTENT,
INFORMATION AND MATERIALS.
KINGERSONS ALSO DOES NOT WARRANT
OR REPRESENT THAT YOUR ACCESS
TO OR USE OF THE kingersons.biz
SITE OR ANY LINKED SITE WILL
BE UNINTERRUPTED OR FREE OF
ERRORS OR OMISSIONS, THAT
DEFECTS WILL BE CORRECTED,
OR THAT THE kingersons.biz
SITE OR ANY LINKED SITE IS
FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING,
ALL CONTENT PROVIDED ON THE
kingersons.biz SITE IS PROVIDED
TO USERS "AS IS," WITH NO
WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY. THE
"AS IS" CONDITION OF CONTENT
IS EXPRESSLY MADE A CONDITION
OF ANY TRANSACTION ARISING
THROUGH OR AS A RESULT OF
THE kingersons.biz SITE. Please
note that some jurisdictions
may not allow the exclusion
of implied warranties, so
some of the above exclusions
may not apply to you. Check
your local laws for any restrictions
or limitations regarding the
exclusion of implied warranties.
UNDER
NO CIRCUMSTANCES SHALL KINGERSONS,
ITS SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES
OR AGENTS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, WHETHER IN CONTRACT
OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY OUT OF
ACCESS TO OR USE OF OR INABILITY
TO ACCESS OR USE THE kingersons.biz
SITE OR ANY LINKED SITE OR
ITS CONTENTS, INCLUDING BUT
NOT LIMITED TO LOST PROFITS,
BUSINESS INTERRUPTION, OR
LOSS OF PROGRAMS OR OTHER
DATA ON COMPUTER SYSTEMS OR
OTHERWISE, EVEN IF KINGERSONS
IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9.
Disclaimer and Limitation
of Liability as to Products
and Services.
We
want you to be completely
satisfied with your kingersons.biz
purchase. If for any reason
you are not entirely pleased
with a product you purchased
on the kingersons.biz Site,
simply return the item within
30 days of receipt for exchange
or full refund of the purchase
price. Refunds will be issued
in the same method as the
order was paid. After 30 days,
all returns, replacements,
service, and support must
be handled directly between
you and the manufacturer.
Many products are packaged
with the manufacturer's warranty
and service information detailing
specific terms and conditions.
Manufacturers' warranties
may vary from product to product.
ALL
PRODUCTS AND SERVICES SOLD
BY KINGERSONS ARE SUBJECT
TO ANY APPLICABLE WARRANTIES
AND REPRESENTATIONS OF THEIR
RESPECTIVE MANUFACTURERS,
INCLUDING BUT NOT LIMITED
TO YEAR 2000 COMPLIANCE. ACCORDINGLY,
KINGERSONS MAKES NO REPRESENTATION
OR WARRANTY WITH RESPECT TO
ANY PRODUCT OR SERVICE SOLD.
EXCEPT AS EXPRESSLY STATED
HEREIN, KINGERSONS EXPRESSLY
DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO PRODUCTS
AND SERVICES SOLD ON THE kingersons.biz
SITE, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE. Please note that
some jurisdictions may not
allow the exclusion of implied
warranties, so some of the
above exclusions may not apply
to you. Check your local laws
for any restrictions or limitations
regarding the exclusion of
implied warranties.
UNDER
NO CIRCUMSTANCES SHALL KINGERSONS,
ITS SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES
OR AGENTS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND
BUSINESS INTERRUPTION, WHETHER
IN CONTRACT OR IN TORT, INCLUDING
NEGLIGENCE, ARISING IN ANY
WAY FROM ANY PRODUCT OR SERVICE
SOLD OR PROVIDED ON THE kingersons.biz
SITE, EVEN IF KINGERSONS IS
EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT
SHALL KINGERSONS'S LIABILITY
EXCEED THE PRICE YOU PAID
FOR THE PRODUCT OR SERVICE
THAT IS THE SUBJECT OF THE
CLAIM.
10.
Indemnification.
You
agree to defend, indemnify,
and hold harmless KINGERSONS,
KINGERSONS's vendors, and
their affiliates and related
entities and their respective
directors, officers, employees,
and agents from and against
all claims, losses, damages,
liabilities, and costs (including
but not limited to reasonable
attorneys' fees and court
costs), arising out of or
relating to your breach of
these Terms or your access
to or use of the kingersons.biz
Site. The foregoing indemnification
obligation shall survive termination
of these Terms and the kingersons.biz
Site and any product or service
provided to you arising out
of or relating to your use
of the kingersons.biz Site.
11.
Submissions.
Except
as otherwise expressly provided
herein or in the KINGERSONS
PRIVACY STATEMENT posted on
the kingersons.biz Site, any
communication or material
you transmit to the kingersons.biz
Site by electronic mail or
otherwise, including any questions,
comments, suggestions, or
the like, is and will be treated
as non-confidential and non-proprietary
and may be used by KINGERSONS,
KINGERSONS vendors, or their
affiliates or related entities
for any purpose, including
but not limited to reproduction,
disclosure, transmission,
publication, broadcast, and
posting. Furthermore, KINGERSONS,
KINGERSONS vendors, and their
affiliates and related entities
are free to use any ideas,
concepts, know-how, or techniques
contained in any communication
you send to the kingersons.biz
Site for any purpose whatsoever,
including, but not limited
to, developing, manufacturing,
and marketing products or
services using information
contained in such communication.
12.
Miscellaneous.
These
Terms constitute the entire
agreement of the parties with
respect to the subject matter
hereof, and supersede all
previous written or oral agreements
between the parties with respect
to such subject matter. No
waiver by KINGERSONS of any
breach or default hereunder
shall be deemed to be a waiver
of any preceding or subsequent
breach or default. If any
provision of these Terms shall
be unlawful, void, or for
any reason unenforceable,
then that provision shall
be deemed severable from the
Terms and shall not affect
the validity and enforceability
of any other provisions of
the Terms. The headings and
captions in these Terms are
intended for convenience only
and shall in no way affect
the interpretation of the
Terms.
KINGERSONS
shall not be liable for any
nonperformance or delay in
performance caused by any
act beyond its reasonable
control, including but not
limited to acts or omissions
of third parties, unavailability
of supplies, equipment failure,
war, strikes, lock-outs, fire,
flood, or any other Act of
God, any law, regulation,
ordinance, or other act or
order of any court, government,
or governmental agency, or
delays, unavailability, errors,
or other failures of the Internet
or other data networks.
Access
to or use of the kingersons.biz
Site shall not be construed
as KINGERSONS's purposeful
availment of the privilege
or benefits of doing business
in any state or legal jurisdiction
other than the Commonwealth
of New York. This Agreement
shall be governed by and construed
in accordance with the laws
of the Commonwealth of New
York, without regard to conflicts
of law provisions. Additionally,
any claims brought against
KINGERSONS shall be governed
by and construed in accordance
with the laws of the Commonwealth
of New York. |