These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and KSi Conveyor, Inc. (hereinafter referred to as “Website Owner”), the owner and developer of KSi’s websites. By using any service provided on KSi’s websites you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY KSI SERVICE. The Terms are subject to change at any time, effective upon notice to you.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.KSIEDGE.COM/TERMSOFUSE. KSI RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
- Limitations of Liability and Indemnification. By using any services provided by KSi’s websites, you agree that in no event will KSi’s websites, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by KSi’s websites or Website Owner shall be a return of any fees paid to KSi’s websites or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of KSi’s websites, including any breach by you of the Terms contained in this Agreement.
- Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions regarding the use of KSi’s websites.
- Do Not Rely on KSi’s websites. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from KSi’s websites or Website Owner. KSi’s websites and Website Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
- Right to Monitor. KSi’s websites and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
- Confidentiality. It is agreed that all personal information given to KSi’s websites or Website Owner, will be kept confidential by KSi’s websites and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) may be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by KSi’s websites, in which case the confidentiality clause contained in this Agreement is rendered null and void.
- Ownership, Copyrights, Trademarks, Licenses. KSi’s websites and Website Owner own and retain all proprietary rights to the KSi’s websites service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of KSi’s websites and Website Owner. By posting information to KSi’s websites and Website Owner you represent that you have the right to grant permission for use by KSi’s websites and Website Owner.
- No Warranties. KSi’s websites and Website Owner provide the KSi’s websites services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, KSi’s websites and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
- Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Kansas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the District of Kansas, and you hereby consent to the jurisdiction of any such court.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on KSi’s websites will be truthful. In accessing and using KSi’s websites, you understand and agree that basic information concerning you, given to KSi’s websites, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
- Entire Agreement. This Agreement constitutes your entire Agreement with KSi’s websites and Website Owner with respect to any services.
- Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.