Your access to the Site is subject to these Terms, and by using this Site, you agree to follow and be bound by the Terms, and further agree to comply with all applicable laws and regulations, including United States and Florida laws. In these Terms, the words “you” and “your” refer to each customer, Site visitor, or user. While “we,” “us,” and “our” refers to KEM. “Services” refers to all services provided by us on the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A CONTRACT. Minors are not eligible to use the Site without the supervision of a legal guardian and we ask that they do not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.
Changes to Terms: It is your responsibility to review the Terms periodically. If you do not agree to the Terms, do not use this Site. We may modify these Terms at any time without notice to you, and such modifications, additions, or deletions shall be effective immediately upon posting.
Changes to Site: We reserve the right to modify, change, or discontinue any aspect, service, product, or feature of the Site, including, but not limited to, the content, availability, and equipment needed to access or use the Site, at any time and without notice. If you have any questions about these Terms, please contact us through the “Contact” portal.
Site Accessibility: We strive to ensure that the Site and our Services are readily accessible. To that end, we have voluntarily undertaken to comply with the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0, Level AA (“WCAG-2.0 AA”), a set of guidelines adopted by a private group designed to maximize accessibility of web content. However, as technology constantly evolves, it is possible that the functionality or accessibility of the Site may be impacted without our knowledge. If you experience any problems or difficulty with the functionality or accessibility of the Site, please contact us at email@example.com or by phone at 407- 598-0654.
Date of Last Revision: July 15, 2020
Your Account: During your use of the Site, it shall be solely your responsibility to maintain the confidentiality of your e-mail address, password, and any other account identifiers related to any
personal account you created on the Site (the “Account”), and for restricting access to other users or computer(s). You also acknowledge and accept sole responsibility for any and all activity that occurs under your Account.
Ownership: This Site is owned and operated by KEM. Aside from third-party licensed content, all rights, title, and interest in and to the Materials provided on this Site, including, but not limited to, information, documents, logos, graphics, sounds, images, audio-visual works, and the intellectual property rights therein, including, without limitation, copyright and trademark (the “Materials”) are owned by us. “KEM Business Solutions, Inc.,” our logos, and various other designs are trademarks and are the exclusive property of KEM. Except as otherwise expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by us. Any use of the Materials that is not expressly authorized herein is prohibited.
Accuracy of Information: KEM uses its best efforts to ensure that all of the information on the Site is complete, accurate, and up to date. However, information on the Site may from time-to- time be inaccurate, incomplete, and/or outdated. All specifications and prices of products and services on the Site are subject to change at any time without notice. While we use all best and reasonable efforts to accurately display the accurate attributes of our products and services, we cannot guarantee the complete correctness of the information, content, products, or Materials provided throughout the Site. Furthermore, the presence of any products or services on the Site at a particular time does not mean that these products remain available. We reserve the right to discontinue any product or service at any time and for any or no reason.
Electronic Communication: By contacting us or creating an Account on the Site, you acknowledge and understand that we may, on occasion, send you communications or data via email regarding our products and promotions. You agree to receive such communications from us. Unless an email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such messages. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Pricing: Prices displayed on the Site are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time.
Confirmation of Orders: While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Cancellation or Refusal of Orders: KEM reserves the right to refuse any order placed on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, or competitors.
Availability of Products: Products may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on the Site or otherwise designate it as unavailable. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available. If you have any questions concerning a particular item, please contact us at firstname.lastname@example.org.
Third-Party Content: The Site may contain links to websites controlled by third parties. We have no control over the content of any third-party site, and these Terms do not govern your use of any such third-party site. Additionally, the Site may reference products, services, or other information by trade name, trademark, or otherwise, and such reference shall not be construed as an endorsement, sponsorship, or recommendation of or by such third parties unless expressly stated to the contrary.
Submissions: Unless otherwise noted, KEM does not allow users to submit content to the Site. KEM will not and cannot review any submitted content and is not responsible for any such content. From time to time, at our discretion, KEM may allow users to post comments or reviews (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. When you submit a User Comment, you agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable; (ii) that infringes the intellectual property rights of any party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights; or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam,” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review User Comments submitted to the Site, we reserve the right to edit or remove any User Comments that we find objectionable for any reason, including, but not limited to, a violation of the above. By submitting content to the Site, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem
appropriate, in our sole and exclusive discretion. Although User Comments may be posted on the Site, the posting of those submissions does not in any way constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any User Comments that you submit to the Site.
User Behavior: KEM grants you permission to use the Site subject to all of the terms and conditions set forth in these Terms. As a condition of use, you agree not to use the Site for any purpose that is unlawful. You agree to abide by all applicable local, state, national, and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Site is expressly prohibited.
By way of example, you agree not to (a) take any action, or (b) upload, download, post, submit or have KEM upload or post on your behalf or otherwise distribute or facilitate distribution of any material and/or content, using any communications service or other service available on or through the Site, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity; or
- is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic, or obscene, or promotes hate or incites violence; or
- misrepresents the source, identity, or content of information transmitted via the Site; or
- constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests, or any other similar solicitation; or
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information of KEM or any third party; or
- impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of KEM; or
- collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, of any users of the Site; or
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in KEM’s sole discretion, an unreasonable or disproportionately large load on KEM’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) alter or modify any part of the Site; (iv) bypass any measures KEM may use to prevent or restrict access to the Site, other accounts, or computer systems or networks connected to the Site; or (v) interfere with any other user’s enjoyment of the Site, including, without limitation, accessing an account of a KEM user that is not yours.
You shall not launch or otherwise use any robot, spider, scraper, or other automated means to access the Site or use the Service in a manner which sends more request messages to the KEM server in any given period of time than a typical human would normally produce in the same period by using a conventional online web browser to read, view, and purchase products. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy Materials from the Site for the sole purpose of creating publicly-available searchable indexes of the Materials, but not caches or archives of the Materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL MATERIALS AND PRODUCTS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT KEM HAS NOT MADE AND MAKES NO REPRESENTATIONS REGARDING QUALITY AND DESCRIPTION OF OUR PRODUCTS.
WE MAKE NO WARRANTY THAT: (A) THE SITE, PRODUCTS, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, PRODUCTS, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES, WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY PRODUCTS OR SERVICES THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
KEM IS NOT A LAW FIRM. KEM DOES NOT GIVE LEGAL ADVICE AND NOTHING CONTAINED IN OR AVAILABLE THROUGH THE SITE SHOULD BE CONSTRUED AS SUCH. YOU ARE ENCOURAGED TO SEEK THE ADVICE OF A LICENSED ATTORNEY SHOULD YOU HAVE THE NEED FOR LEGAL ADVICE OR GUIDANCE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Indemnification: You agree to defend, indemnify, and hold us harmless from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and court costs, that arise out of or are related to your use of the Site.
Interpretation: These Terms were written in English (U.S.). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
Statement of Rights and Responsibilities: These Terms govern our relationship with you and others who interact with the Site as well as other products and Services, if any. By using or accessing the Site or our Services, you agree to these Terms, as updated from time to time.
Advertising: We may link to or run advertisements and promotions from third parties on the Site. Your business dealings, correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Mobile and Other Devices: We currently provide access to certain portions of our Site for free, but please be aware that your carrier’s normal rates and fees, such as data charges, will still apply regardless of whether you access the free or paid portion of the Site.
Termination: If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site and/or Services to you.
Disputes: You will resolve any claim, cause of action, or dispute you have with us arising out of or relating to these Terms or the Site exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Orange County, Florida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern these Terms, as well as any other claim that might arise between you and us, without regard to conflict of law provisions.
Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you.
DMCA Policy: KEM respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, KEM will respond expeditiously to claims of copyright infringement committed using KEM’s service(s) and/or the KEM website (the “Site”) if such claims are reported to KEM’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to KEM’s Designated Copyright Agent. Upon receipt of Notice as described below, KEM will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple
copyrighted works are covered by this Notice – you may provide a representative list of the
copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity)
and to which access is to be disabled, including at a minimum, if applicable, the URL of
the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and,
if available, email address.
- Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to KEM’s Designated Copyright Agent:
2755 Border Lake Road, #104 Apopka, FL 32703
Or email us: email@example.com