Terms and Conditions
TERMS AND CONDITIONS OF USE
Please note: By using this website, you will be accepting these terms and conditions of use. If you do not accept these terms, please do not use this website.
Please check the Terms and Conditions of Use frequently for amendments and revisions. The most up-to-date version will always be available for review on the website. The amendments will become effective at the time they are posted on the website. Your continued use of the website after amendments are posted will constitute your acceptance of such amendments.
If you breach any of these Terms and Conditions of Use, we can terminate your right to use the website. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the website.
©2020 KENNICOTT BROTHERS COMPANY All Rights Reserved.
All content included in or made available through this website, including text, images, logos, graphics, downloadable files, and data compilations is the exclusive property of KENNICOTT BROTHERS COMPANY (“KENNICOTT”) and is protected by US and international copyright and trademark laws. Materials or content of this website may not be copied, distributed, downloaded, modified, reused, reposted, except as permitted herein, without the express written permission of KENNICOTT documents may be downloaded solely for the purpose of personal or informational non-commercial use. You may not mirror or frame this website for rebroadcast or for any other purpose, or alter any files or content of this website. The unauthorized use or misuse of KENNICOTT trademarks, copyrights, or content of this website, except as permitted, is expressly prohibited and may be a violation of intellectual property laws and common law. Except as expressly provided above, nothing contained on this website shall be construed as granting or conferring any license or right to use any KENNICOTT copyrights, patents or trademarks.
Effective as of November 1, 2020
Purchase of Products
This Site may include an online store area that enables you to purchase certain of our products directly on this Site, and your use of such area (including purchases) will be subject to additional terms and policies posted therein, such as our terms of sale, product warranty, shipping, and return policies. Please carefully review all such additional terms and policies prior to making a purchase on this Site.
If you contact us on this Site or via email, you agree to communicate with us electronically, and you acknowledge and 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.
Permitted and Prohibited Uses
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Site or any Site Content. Without limitation to the generality of the foregoing, you may not:
- remove any KENNICOTT copyright, trademark or other proprietary rights or legal notices contained in any Site Content;
- interfere in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content or information from this Site;
- frame or otherwise create a browser or border environment around any page of this Site or any Site Content, or deep-link to any internal page or area of this Site;
- use any Site Content or any KENNICOTT Marks to confuse or mislead the public or to falsely suggest an affiliation or association between you or your business, product or service, on one hand, and KENNICOTT, on the other hand; or
- impersonate another, or provide us with false information, or make unauthorized use of another’s information.
It is KENNICOTT’s policy NOT to accept or consider any creative ideas, suggestions or other materials other that those that are specifically requested by KENNICOTT. If, despite our request that you do not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Information”), the Information shall be deemed, and shall remain, the property of KENNICOTT. None of the information shall be subject to any objection or confidentiality on the party of KENNICOTT. KENNICOTT shall not be liable for any use or disclosure of any Information.
As used herein, “User Content” means any content originated by users on this Site, such as user-submitted messages, comments, ideas, suggestions, photos, images, videos, etc., but excluding content that contains or is derived from KENNICOTT’s intellectual property. To the extent User Content submitted by you includes any element of your identity (name, voice, photograph, likeness, biographical information, etc.), you acknowledge and agree that such element of your identity will be treated as part of your User Content.
You retain ownership in User Content submitted by you. However, by submitting User Content to KENNICOTT (whether your submission is solicited or unsolicited), you:
- irrevocably grant to KENNICOTT and its licensees a non-exclusive, perpetual, worldwide,royalty-free, transferable and sublicensable license to use, reproduce, display, perform, publish and distribute your User Content (including any element of your identity, if included in your User Content) in any format or medium, including on this Site and/or any other website (including social media) as KENNICOTT deems desirable, for advertising, marketing, promotional, educational, or other lawful (commercial and noncommercial) purposes of KENNICOTT;
- represent and warrant that: (1) you are the sole author and owner of your User Content; (2) your User Content does not violate any third-party right (including, without limitation, any third-party copyright, trademark, right of privacy or right of publicity), or violate any applicable law; and (3) your submission is voluntary and consensual and is made without any condition of compensation (whether monetary or otherwise), attribution, anonymity, secrecy or confidentiality; and
KENNICOTT’s DMCA Policy
To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), KENNICOTT will respond to proper notifications of claimed copyright infringement with respect to User Content on this Site, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. KENNICOTT also has a policy of terminating, in appropriate circumstances, the account of any registered user on this Site who is determined by KENNICOTT to be a repeat infringer.
Designated Agent: In compliance with the DMCA, the following is KENNICOTT’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this Site:
KENNICOTT BROTHERS COMPANY
Attn.: Marketing Department
1638 West Hubbard Street
Chicago, IL 60622
By Telephone: (855) 522-0245
By Email: firstname.lastname@example.org
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Site, please notify the Designated Agent listed above in writing and provide the following requisite information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Site, you may make a counter-notification with the Designated Agent listed above, which counter-notification must be in writing and contain the following requisite information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Illinois, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If KENNICOTT receives a valid counter-notification, it may reinstate the removed or disabled User Content in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Links to Third Parties
Product Information and Availability
We aim to display our product information on this Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual product color or finish. Also, product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects.
We do not guarantee the availability of any product displayed on this Site, and we reserve the right at any time to change or discontinue any product without notice or liability to you.
Disclaimer of Warranties
KENNICOTT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YORU USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY KENNICOTT AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
- KENNICOTT MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY SITE CONTENT.
- THIS SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KENNICOTT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ALL SITE CONTENT.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KENNICOTT DOES NOT WARRANT THAT THIS SITE AND ALL SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL SITE CONTENT ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KENNICOTT AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KENNICOTT AND THEIR SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO (I) YOUR USE OF THIS SITE OR ANY SITE CONTENT OR (II) ANY USER CONTENT SUBMITTED BY YOU.
You and KENNICOTT agree that any dispute or claim relating to your use of this Site will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) KENNICOTT may bring actions in court to enforce intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to these Terms.
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 provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:
KENNICOTT Brothers Company
1638 West Hubbard Street
Chicago, Illinois 60622
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. KENNICOTT will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. KENNICOTT will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
YOU AND KENNICOTT EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND KENNICOTT EACH WAIVE ANY RIGHT TO A JURY TRIAL.
- This Site is not intended for or directed to anyone under the age of 18. By using this Site, you warrant that you are at least 18 years of age.
- You acknowledge and agree that KENNICOTT may at any time, without notice or your consent, transfer this Site, including all Site Content and all user information associated with this Site, to an affiliate of KENNICOTT or to a third party that merges with KENNICOTT or acquires KENNICOTT’s business or assets.