K & S Materials, including any affiliates, or subsidiaries, offers this site contingent upon the following terms and conditions (“Terms”). Your use of this site establishes your consent to the terms set forth. Please take the time to read these terms. If you do not agree to any of these terms, please do not use this site. If you have questions, please contact us.
SCOPE OF AGREEMENT
K & S Materials holds all rights, titles, and interests to the materials on this site, including any text, graphics, logos, buttons, icons, images and audio clips. K & S Materials grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer or mobile device for purposes associated with your interaction with this website. You may only use and access, download and copy the K & S Materials content for your personal, non-commercial use. You have no right, title or interest, no copyright, trademark or other intellectual property right in or to the site or its contents. You therefore have no right to copy, download, display, reproduce or distribute any of the materials on this site in any manner. Further, you have no right to modify, edit, alter or enhance these materials. This limited license terminates automatically if you breach any of these Terms. Upon termination, you are required to immediately destroy any copied, downloaded and/or printed materials. You further agree not to “frame” or “mirror” the site or any portion of it on any server or Internet-based device without the advanced written authorization of K & S Materials.
If K & S Materials becomes aware of inappropriate use of the site or any of its content, K & S Materials will respond in any means and to any extent that K & S Materials deems appropriate. You acknowledge that K & S Materials will have the right to report any actions which may be considered illegal, as well as any reports it receives of such conduct, to law enforcement authorities. K & S Materials will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You acknowledge and agree that K & S Materials content is made available for informational and educational purposes only. K & S Materials content is not a substitute for legal, professional, medical/safety advice or your best judgment. The accuracy of K & S Materials content is not guaranteed, and K & S Materials makes no representation or warranty of any kind. Your reliance upon K & S Materials content obtained through the site is solely at your own risk.
K & S Materials’ website offers information, products, services, content, and other functionalities to specific regions worldwide. The products or services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, or other considerations.
K & S Materials controls and operates this site from its headquarters in the United States of America and makes no representation that the products or materials are appropriate or will be available for use in other regions. Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States. If this site is accessed or used outside the United States of America, the user is entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations.
The materials on this site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials in conflict with United States law is prohibited. Neither the materials, nor any information acquired through the use of the site, may be shipped, transferred, or re-exported, directly or indirectly, to prohibited or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weaponry, or missile projects, unless specifically authorized by the United States Government for such explicit purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
From K & S Materials to Third-Party Websites
In your use of this K & S Materials website, or any K & S Materials blog or forum, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers, users or sponsors. Any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and said third party. You agree that K & S Materials has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
This website may be linked to other sites on the internet which are not under the control of or maintained by K & S Materials. Such links do not constitute an endorsement by K & S Materials. You acknowledge that K & S Materials is providing these links to you as a convenience, and that K & S Materials is not responsible for the content or links displayed on such sites.
From Third-Party Websites to K & S Materials
All links to K & S Materials websites by third parties must be approved in advance by K & S Materials in writing, except that K & S Materials consents to links in which the link and the pages that are activated by the link do not:
(a) intentionally mislead;
(b) falsely imply sponsorship, affiliation, endorsement or approval of the linking party and its products, services or membership;
(c) appear with the use of any similar logo or border around the content; and
(d) reflect unfavorably on K & S Materials.
By linking to the K & S Materials Website, linking party agrees to indemnify and hold K & S Materials harmless from, and against, any and all losses, costs, damages, claims, actions, or liabilities arising from any such link. K & S Materials shall have no liability for any indirect, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. K & S Materials makes no warranties express or implied, with respect to such links.
If, according to the above terms, the linking party’s link to a K & S Materials website requires approval by K & S Materials, or the linking party is in any doubt about the need to have the link approved, please contact us describing the request.
DISCLAIMER OF WARRANTIES
Although we make a reasonable effort to offer accurate information, the descriptions, pictures, and other representations of products on this site may contain inaccuracies or errors. K & S Materials does not make any warranty or representation with respect to the veracity or completeness of any information. Therefore, K & S Materials has no liability for any errors or omissions in or timeliness of the materials, whether provided by K & S Materials or third parties. Further, the availability of products on this site may change without notice at any time in the sole discretion of K & S Materials.
Any material downloaded or otherwise obtained through the site is acquired at the user’s own discretion and risk. K & S Materials accepts no responsibility for any damage to the user’s computer system or loss of data which results from the download of any such materials.
You agree to indemnify and hold harmless K & S Materials and its respective officers, directors, employees, agents, independent contractors or licensors against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, arising out of your use of the site and any material you access using the site or your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. K & S Materials 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 settle any such claim or matter without the written consent of the relevant K & S Materials Parties.
LIMITATION OF LIABILITY
Under no circumstances shall K & S Materials be liable to you or any other party for any direct, indirect, consequential or exemplary damages, including but not limited to damages for loss of profits, business interruption, goodwill or any other type of loss arising from or relating in any way to your use of, or inability to use, the site or the information contained within; any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure; or any other matter relating to the site.
Any action related to these Terms will be governed by the laws of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or related to these Terms and/or use of the site. You expressly agree that the site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the site in any way that could result in criminal or civil liability. Use of the site from outside of the United States shall be done in compliance with the laws of the jurisdiction from which the site is accessed.
You agree that you will notify K & S Materials in writing of any claim or dispute concerning or relating to your use of the site and give K & S Materials a reasonable time frame to address it before bringing any legal action, either individually or as a class member against K & S Materials.
Certain sections or pages on the site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
Your use of the site does not establish, and nothing contained in this Agreement will be deemed to create, an employment, agency, franchise, joint venture or partnership relationship between you and K & S Materials. Use of the site does not provide you with the authority to enter into any agreements for or on behalf of K & S Materials. Further, use of the site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of K & S Materials. By using the site, you agree that no attempts to subject K & S Materials to any such obligations or liability will be made.
This Agreement shall be subject to any other agreements you have entered into with K & S Materials. If any such agreements conflict with the terms of this Agreement, the other agreements shall control.
TERMINATION OF ACCESS
Termination of access to the site may occur without prior notice. K & S Materials will be in no way liable for termination of access to the site.
The headings of Sections in this Agreement are provided for convenience only and do not affect interpretation.
This Agreement will be binding on and enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved by K & S Materials.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Failure by K & S Materials to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.