Kwik Lok Terms and Conditions
Last Updated: September 26, 2018
Welcome to the Kwik Lok Corporation (“we,” “us,” and “our”) website. These Terms and Conditions (“Terms”) concern your access to and use of our website, including purchases you make through our online store, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).
By using our Website, you agree to these Terms. Please read them carefully. We may change the Website and these Terms at any time. If you use the Website after we post updated Terms, you accept those updated Terms.
These Terms also include all policies on the Website, including our Return Policy, Shipping Policy, and our Terms of Sale (the “Service Terms”). Please consult our Policies Page more information about the Service Terms. If these Terms are inconsistent with the Service Terms, those Service Terms will control to the extent of any conflict.
If you have any questions or comments, you may contact us at: firstname.lastname@example.org
Please review our Privacy Notice to understand how we collect, use, and disclose information we collect from or about you.
When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or texts, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY AND LICENSE
All of the content displayed on or made available through the Website, such as text, graphics, photographs, images, moving images, sound, and illustrations, is owned by Kwik Lok Corporation and is protected by United States and international copyright, trademark, patent, trade dress, and moral rights.
Subject to your compliance with these Terms and the Service Terms, and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use of the Website. This license does not include any resale or commercial use of any element of the Website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any element of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
We reserve all rights not expressly granted to you in these Terms or any Service Terms. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kwik Lok without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms or any Service Terms.
PRODUCT DESCRIPTIONS AND ACCURACY OF INFORMATION
We attempt to accurately describe our products. However, we do not warrant that product descriptions, including colors, or other information on the Website, is accurate, complete, reliable, current, or error-free.
Unsolicited Submissions Policy
If you send us any unsolicited material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the unsolicited material throughout the world in any media. We and our sublicensees may use the name you submit in connection with such unsolicited material. You represent and warrant that you own or otherwise control all of the rights to the unsolicited material that you post; that the unsolicited material is accurate; that use of the unsolicited material you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.
THIRD PARTY LINKS
The Website may contain links to third-party websites that we do not own, operate, or controlled. All such links are provided solely as a convenience to you. We are not responsible for and we do not warrant any content, materials, products, or other information on third-party websites.
Account Registration and Security
You may create an account to have access to parts of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. We may refuse service, terminate accounts, terminate your rights to use the Website, remove or edit content, or cancel orders in our sole discretion.
Sanctions and Export Policy
You may not use the Website if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are using the Website. You must comply with all United States or other export and re-export restrictions that may apply to goods, technology, and services.
Representations and Warranties
You affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into these Terms, and are fully able and competent to satisfy the obligations herein; (ii) you have read, understood, agree with, and will abide by these Terms; and (iii) our use of any information you submit as contemplated by these Terms will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.
DISCLAIMER OF WARRANTIES
THE WEBSITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, noninfringement, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE website, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE website, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KWIK LOK OR THROUGH KWIK LOK’S WEBSITE, PRODUCTS, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, or CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR PRODUCTS OR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) AND (B) THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES (ARBITRATION; NO CLASS ACTIONS)
YOU UNDERSTAND AND AGREE THAT ALL DISPUTES BETWEEN YOU AND KWIK LOK, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THIS WEBSITE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE WASHINGTON STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN SEATTLE, WASHINGTON STATE, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE RELATED TO THE WEBSITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
In the event that you have a dispute with another user or third party related to the Website, you release Kwik Lok (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- You may not use any Website if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Website only with involvement of a parent or guardian.
- Headings are for reference purposes only and provide no interpretive value.
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- These Terms are the entire agreement between you and Kwik Lok with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral).
- Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.