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KITZ SCT AMERICA CORPORATION
TERMS AND CONDITIONS
Last Updated: [July 5, 2022]
OVERVIEW
This website (this “Site”) is operated by KITZ SCT America Corporation (hereinafter “KITZ SCT America,” “KSA,” “we,” “us,” or “our”). This Site and its use by, without limitation, our vendors, visitors, users, and customers (“you,” or “your”) are subject to the terms and conditions (the “Terms”) contained herein. This Site provides various features and tools which include, without limitation, the ability to review our selection of products and contact us to provide you additional support (the “Services”).
Please review the Terms carefully, as the use of any portion of the Site constitutes your consent and agreement to be bound by the Terms, the terms and conditions contained in our separate Privacy Policy, and any other terms and conditions that are hereby incorporated by reference (collectively, the “Agreement”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
Any additional features or tools we may add in the future shall also be subject to the Agreement. You may review the most current version of the Terms on this page. WE RESERVE THE RIGHT TO MODIFY, UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR ANY CHANGES. YOUR CONTINUED USE OR ACCESS TO THIS SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
RIGHT TO ACCESS
Your right to access and use of this Site is subject to our sole discretion. We may, at our sole discretion, terminate, change, suspend, restrict, or discontinue any portion of, aspect of, or access to the Site, and any features or tools contained therein, at any time and for any reason, without incurring any liability to you. Permission to use this site shall not constitute the granting of any ownership in any information contained on the site, or in the features or tools contained therein.
MINORS
By agreeing to these Terms, you represent that you are at least the age of majority or have received consent from your parent or legal guardian if you are a minor in your state, province, or country of residence.
The consent of a parent or legal guardian is required before a minor can use the Servies. Use of the Services by a minor is confirmation that they are an adult or that they are a minor who has received permission from a parent or legal guardian to use the Services.
ILLEGAL OR UNAUTHORIZED USE
You agree that your use of our Services is subject to all applicable local, state, national, and international laws and regulations. You also agree to:
BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT THE BREACH OR VIOLATION OF ANY OF THESE TERMS OF SERVICES SHALL RESULT IN AN IMMEDIATE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
KITZ SCT AMERICA MAY SEEK IMMEDIATE INJUNCTIVE RELIEF FOR VIOLATIONS WHERE MONETARY COMPENSATION IS INCALCULABLE, AND THE VIOLATION IS SERIOUS. YOU AGREE THAT KITZ SCT AMERICA MAY SEEK SUCH RELIEF WITHOUT THE NEED TO POST BOND, PROVE DAMAGES, OR MEET ANY SIMILAR REQUIREMENTS. KITZ SCT AMERICA ALSO RESERVES THE RIGHT TO SEEK ALL OTHER AVAILABLE REMEDIES AT LAW OR IN EQUITY.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that information you submit on this Site may be transferred unencrypted and involve: (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use of our Services, or access to our Services or any contact on this Site through which our Services are provided, without express written permission from KSA.
Any headings used in these Terms are for convenience and for reference only, and shall not limit or otherwise affect the meaning hereof.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
You acknowledge that KSA is not responsible if information made available on this site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material published on this Site is at your own risk.
Our site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. KSA reserves the right to modify the contents of this Site at any time, but shall not be obligated to update any information on our Site. You agree that it is your responsibility to monitor any changes to our Site.
MODIFICATION TO SERVICES OR PRICES
Any product listings or prices therein are subject to change without notice.
KSA reserves the right, at any time, to modify or discontinue any products listed on this Site or discontinue our Services (any part or content thereof) without notice at any time.
KSA shall not be liable to your or to any third-party for any modification, price changes, product suspension or discontinuance, or suspension or discontinuance of our Services.
PRODUCTS OR SERVICES (IF APPLICABLE)
The products listed on our Site may be subject to certain limitations. For any products listed on this Site, we have made every effort to provide accurate images or description for such products. We encourage you to contact us for additional information on our product line and offerings.
We reserve the right, but are not obligated, and at our sole discretion to:
Any offering of our products or Services made on this Site is void where prohibited.
THIRD PARTY LINKS
Certain content, products, and services available via our Services may include materials from third parties. Third-party links on our Site may direct you to a third-party site that may or may not be affiliated with us. You agree that KSA is not responsible for examining or evaluating the content or accuracy of such third-party sites. KSA will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third parties.
KSA shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. You are encouraged to carefully review the terms, conditions, policies, and practices of third party sites, and ensure that you understand them before engaging in transactions with that third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
At our request, if you send certain specific submissions (e.g., for contest entries) or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”); you agree that we may, at any time, without restriction to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) to pay compensation for any comments; or, (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right or any third-party, including any copyrights, trademark rights, privacy rights, personality, or other personal or proprietary rights. You further agree that your comments will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus, worm, or other malware that could in any way affect the operation of our Services or any related site. You may not use a false e-mail address, impersonate another person, or otherwise mislead us or any third party to the origin of any comments. You are solely responsible for any comments you make and their accuracy. KSA takes no responsibility and assumes no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through our Site is governed by the terms and conditions set forth in our Privacy Policy.
ERRORS, INACCURACIES, OR OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
KSA reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related site is inaccurate at any time without prior notice (including, without limitation, after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
KITZ SCT AMERICA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE INTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT, FROM TIME TO TIME, WE MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OR TERMINATE OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SITE (EXCEPT AS OTHERWISE EXPRESSLY STATED BY US) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM OUR SERVICES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES OR AS OTHERWISE EXPRESSLY STATED. IF YOU CHOOSE TO ACCESS OUR SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES OR OTHERWISE EXPRESSLY STATED LOCATIONS, YOU DO SO AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM KITZ SCT AMERICA OR IN ANY MANNER FROM OUR SERVICES CREATED ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. KITZ SCT AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING LIMITATION, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW, FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM KITZ SCT AMERICA OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KITZ SCT AMERICA, ITS PARENTS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGE, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF THE POSSIBILITY OF SUCH DAMAGES WERE PREVIOUSLY ADVISED), WHETHER IN ANY ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE, INABILITY TO USE, OR PERFORMANCE OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, THE INPUT OF PERSONAL AND OTHER INFORMATION INTO OUR SERVICES), OR OUR PRODUCTS KITZ SCT AMERICA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR. VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY INFORMATION OR MATERIAL FROM OUR SERVICES. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE THROUGH OUR SERVICES, AS WELL AS ANY THIRD-PARTY SITES OR OTHER SITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN.
YOU AND KITZ SCT AMERICA EACH AGREE THAT THE WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY YOU AND KITZ SCT AMERICA, TO AGREE TO THESE TERMS. YOU AND KITZ SCT AMERICA AGREE THAT THE DISCLAIMERS AND LIMITATIONS CONTAINED HEREIN ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS (OR ANY OF OUR OTHER TERMS, CONDITIONS, AND POLICIES), OR INCUR ANY LOSS OR DAMAGE OF ANY KIND IN CONNECTION WITH OUR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE AND OUR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR IMPLIED WARRANTIES OR FOR CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KITZ SCT AMERICA CORPORATION, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms (or any our other terms, conditions, or policies), or your violation of any applicable laws or rights of a third party.
SEVERABILITY
If one or more the provisions contained in these Terms shall, for any reason, be held or determined to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. These Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein in such instance. Upon such determination, the court or other tribunal making such determination shall be authorized and instructed to modify these Terms so as to affect the original intent of KSA as closely as possible so that the transactions contemplated herein are consummated as originally contemplated to the fullest extent possible.
TERMINATION OF SERVICES, USER ACCOUNTS
KSA reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including, without limitation, the Services’ features, functions, look and feel. Any products or services that may be mentioned on this Site or through the Services are subject to availability and any applicable additional terms.
The obligations and liabilities of KSA and you incurred before the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated either by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to utilize our Services, or when you cease using our Site. If, in our sole and absolute discretion, you fail, or we suspect that you have been unable, to comply with these Terms, we may also terminate any agreements between you and KSA and terminate your access to our Services without notice. You will remain liable for any other contractual obligations separate from our termination of your access to our Services.
NO WAIVER; ENTIRE AGREEMENT
Any failure by KSA to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on our Site or in respect to our Services constitutes the entire agreement and understandings between you and us, and governs your use of our Site and our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against KSA.
GOVERNING LAW
These Terms and any separate agreements whereby KSA provides to you our Services and access to this Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to these Terms, the Products contained our Site, any breach of these Terms, use of our Services, enforcement of these Terms, interpretation of these Terms or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration through the American Arbitration Association (the “AAA”) in San Francisco, California before one (1) arbitrator. The arbitrator shall be mutually selected by the Parties from a panel of arbitrators provided by the AAA’s Consumer Arbitration Rules and Procedures. If an arbitration cannot be selected mutually, the AAA shall be authorized to make such selection. Judgment of the arbitrator’s award may be entered in any court of competent jurisdiction. This clause shall not preclude either you or KSA from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall be authorized to award reasonable attorneys’ fees to the prevailing party.
CLASS ACTION WAIVER
ANY ARBITRATION OR COURT ACTION HEREUNDER SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIM, DISPUTE, OR CONTROVERSY TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR ANY GOVERNMENTAL BODY OR THE PUBLIC, CLASS AND COLLECTIVE ACTIONS UNDER THE DISPUTE RESOLUTION PROVISION ABOVE ARE PROHIBITED, WHETHER IN COURT OR ARBITRATION, AND THE ARBITRATOR OR COURT, AS APPLICABLE, SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH BASIS. NO DISPUTE, CLAIM, OR CONTROVERSY BROUGHT IN COURT OR ARBITRATION BY USER PURSUANT TO THE USER’S USE OF OUR SERVICES AS PROVIDED UNDER THESE TERMS OF SERVICE MAY BE JOINED WITH A DISPUTE, CLAIM, OR CONTROVERSY OR ACTION OF ANOTHER USER, ANY SUCH JOINT CLAIMS BEING WAIVED BY EACH USER HEREUNDER. ANY ISSUE CONCERNING THE ENFORCEABILITY OR VALIDITY OF THIS SECTION AND THE WAIVER CONTAINED HEREIN SHALL BE DECIDED BY ANY COURT OF COMPETENT JURISDICTION AND VENUE LOCATED IN SACRAMENTO, CALIFORNIA. IF THERE IS A DETERMINATION BY SUCH COURT THAT THIS SECTION IS UNENFORCEABLE, THEN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR JOINT ACTION BY USERS SHALL ONLY BE BROUGHT IN ARBITRATION.
CHANGES TO THE TERMS AND CONDITIONS
We encourage you to review the most current version of these Terms at any time on this Site and on this page.
KSA reserves the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site and on this page.
It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Services following any such changes to these Terms constitutes acceptance of these changes.
CONTACT INFORMATION
You may contact KITZ SCT AMERICA CORPORATION by mail at KITZ SCT America Corporation, 5201 Great America Pkwy, Suite 238, Santa Clara, CA 95054, any by e-mail at info@kitzsctamerica.com.
