KEM-TRON Technologies, Inc. : Terms of Use

TERMS AND CONDITIONS OF USE

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with KEM-TRON Technologies, Inc. (KEM-TRON) for products, services or otherwise.

Technical questions or comments about the KEM-TRON web site may be directed to the KEM-TRON Webmaster at webmaster@kemtron.com. General questions may be directed to KEM-TRON at info@kemtron.com. Other communications should be directed as indicated below.

Introduction. This Web site is maintained and operated by KEM-TRON at least in part on a server located in Houston, Texas. While KEM-TRON has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.

Privacy—Consent to Collect, Process and Transfer Personal Data. Use of this Web site may result in personal data about you being collected or processed by, and transferred to, KEM-TRON in countries where legal systems may provide only limited protection for personal data. Such transfers may include personal data you directly provide (such as your name or email address) and personal data automatically collected or processed (such as your internet domain or IP address) as part of the operation of this Web site or during the course of your activities on or use of this Web site. By using this Web site, you expressly consent to any collection, processing, transfer or use of any personal data. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access or use of this Web site.

Where collection, processing or transfer of personal data results from your use of this Web site, KEM-TRON does not warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information; however KEM-TRON. will not transfer any such personal data to any company outside of the KEM-TRON family of companies without your prior consent. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block collection or transfer of such information. KEM-TRON makes no other representation regarding the collection, processing or transfer or use of any personal data. In no event shall KEM-TRON be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this Web site.

KEM-TRON may use "cookies" in connection with operation of its Web site(s). Cookies are small pieces of information that are stored on your computer by the KEM-TRON. server (passing through your Netscape Navigator® or Internet Explorer™ browser). Cookies are used for record-keeping purposes—the stored information can be retrieved by the same KEM-TRON server that created the cookie. This allows KEM-TRON to personalize, monitor, or regulate the use of this site, and also permits KEM-TRON to automate the access and data-entry functions of the site (e.g., login information), to store on-line ordering information for purchases you may make while visiting the site, and to tailor the appearance or presentation of the site to your preferences or interests. In addition, cookies allow KEM-TRON to track usage of the site (e.g., to determine which areas of the site are useful or popular) and permit us to improve and update the site effectively.

The use of cookies is common in the industry, and they are used at most major sites. Cookies will not be used to pass any information from your computer except the specific information placed into the cookie from one participating KEM-TRON Web site when the cookie is retrieved by another participating KEM-TRON. web site. You may wish to adjust your Web browser to inform you whenever a cookie is to be used, or to reject all cookies automatically. However, if you elect not to accept cookies, some parts of the Web site may not function properly or permit access. For more information on cookies, see http://www.cookiecentral.com/faq.htm.

Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to KEM-TRON, or postings at this Web site, are non-confidential and (to the extent of your ownership interests therein) shall become the sole property of KEM-TRON’s own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright. Except as otherwise indicated, all Web site materials, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof, are the copyright property of KEM-TRON ALL RIGHTS RESERVED. You may electronically copy and print hard-copy excerpts of this Web site (and materials here) only for non-commercial personal use, or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this Web site—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of KEM-TRON is strictly prohibited.

Forums, Interactive Areas, Postings and Feedback. This Web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this Web site any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of KEM-TRON, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this Web site, and KEM-TRON takes no responsibility and assumes no liability for the content of osted or uploaded material. Please contact KEM-TRON at info@kemtron.com concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. KEM-TRON reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.

Copyright Infringement by Postings. By posting software or other content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice (at info@kemtron.com) that any item posted on this site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its re-posting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this site.

KEM-TRON Software. Any KEM-TRON software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Web site is licensed to you by KEM-TRON, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.

Hyperlinks. KEM-TRON. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site.

Trademarks. “KEM-TRON”, the KEM-TRON logo, and the products and services described in this Web site are either trademarks, trade names or service marks of KEM-TRON and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of KEM-TRON. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of KEM-TRON, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of KEM-TRON.

Disclaimer. THIS WEB SITE AND THE MATERIALS UNDER THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEM-TRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEM-TRON DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. KEM-TRON DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

KEM-TRON reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KEM-TRON.

Limitation of Liability. IN NO EVENT SHALL KEM-TRON BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.

Applicable Law. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. By accessing and/or placing orders under this Web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this Web site. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the State of Texas located in State or Federal Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.

Termination. Notwithstanding any of these Terms and Conditions, KEM-TRON reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.