|Kimball Midwest - Terms and Conditions||
KIMBALL MIDWEST, Inc. Important Notices|
All contents are Copyright © 1992--2007 KIMBALL MIDWEST Inc. All rights reserved
No portion of this service may be reproduced in any form, or by any means, without
prior written permission from KIMBALL MIDWEST, Inc. KIMBALL MIDWEST
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
KIMBALL MIDWEST AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE
THIS SITE OR ANY KIMBALL MIDWEST PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON
THE INFORMATION PRESENT, EVEN IF KIMBALL MIDWEST OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
they may be modified by KIMBALL MIDWEST from time to time, as posted on this Web site.
is at the sole risk of the user.
Thanks for visiting Kimballmidwest.com. We produced this site
as a service or tool for our customers. Please take the time to
review the guidelines and rules that we have put in place to
improve and govern your use of our site. Be advised that your
use of our site (kimballmidwest.com) implies your agreement with
and binds you unconditionally to our sites usage terms and
conditions. You are permitted to "bookmark" sections of our site
however, by doing so you are still bound to the Terms as set forth
in this document. Kimballmidwest.com reserves the right to update
or change any terms and conditions at any time without prior notice.
Any use of Kimballmidwest.com our web site after any such change
constitutes your agreement with and binds you unconditionally to
our sites usage terms and conditions as changed. We encourage you to
continually review these terms and conditions when you are using
our Web site.
Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs and written
and other materials that are part of this Site (here and to referred
to as, the "Contents") are copyrights, trademarks, and other
intellectual property owned, or controlled by Kimball Midwest. The
collection, arrangement, and construction of all content on this site
are the exclusive property of Kimball Midwest and is protected by
U.S. copyright laws. © 2007 Kimball Midwest, Inc. All Rights Reserved.
Kimball Midwest, Inc. expressly reserve all intellectual property rights
for all the "contents" which appear on this Web site.
References on this Web site to any names, marks, products or services
of third parties or hypertext links to third party sites are provided
solely as a convenience to you and do not in any way constitute or imply
Kimball Midwest, Inc.'s, endorsement or recommendation of the third
party's, information, product or service. Kimball Midwest is not
responsible for the content of any third party sites and does not make
any statements regarding the content or accuracy of material on such
sites. If you decide to link to any such third party web sites, you do
so entirely at your own risk.
No right, title or interest for any downloaded materials or software is
transferred to the downloaded user or copier. You may not reproduce,
publish, distribute, display, modify, sell or participate in any sale
of or exploit in any way, of the Contents, of the Site or any related
software. All software used on this site is the property of Kimball
Midwest or its suppliers and protected by U.S. copyright laws. The
content on this site may be used only as an informational and merchant
resource. Any other use, including the reproduction, modification,
distribution, republication, or display, of the content on this site
is strictly prohibited. Kimballmidwest.com® is a registered trademark
of Kimball Midwest, Inc.
Users are not allowed to violate or attempt to violate the security of
the Site, including and without limitation, (i) accessing data not
intended for the user or logging onto or attempting to log onto a
server which the user is not authorized to access; (ii) attempting to
scan or test the vulnerability of a system or network without proper
authorization; (iii) attempting to interfere with service of the site
including, without limitation, via means of submitting a virus, worm,
or trojan to the Site, overloading, "spamming". (iv) Violations of
system or network security may result in civil or criminal liability.
This Agreement represents the complete agreement between the parties
and supersedes all prior agreements and representations between them.
If for any reason some sections of this agreement are deemed not
legally binding other terms of this Agreement shall remain in full
force and effect. This Agreement shall be governed by and construed
under Ohio law as such law applies to agreements between Ohio residents
entered into and to be performed within Ohio. Any action or proceeding
arising out of or related to this Agreement or your use of this Site
must be brought in the state or federal courts of Ohio.
All comments, feedback and other submissions, submitted or offered to
Kimball Midwest on or by this Site or otherwise submitted pertaining
to the use of this Site shall be and remain Kimball Midwest's property.
We have made every effort to display as accurately as possible the
colors the products that appear on the Site. However, as the actual
colors you see will depend on your monitor, we cannot guarantee your
monitor's display of any color.
You agree not to hold Kimball Midwest liable from and against any and
all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
These terms are effective unless and until terminated by either you
or Kimball Midwest. You may terminate this Agreement at any time,
provided that you discontinue any further use of this Site and remove
all software or downloaded materials you have obtained form this site.
Kimball Midwest also may terminate this Agreement at any time and may
do so immediately without notice, and accordingly deny you access to
the Site, if in Kimball Midwest's sole discretion you fail to comply
with any term or provision of this Agreement.
THIS SITE IS PROVIDED BY KIMBALL MIDWEST ON AN "AS IS" AND "AS AVAILABLE"
BASIS. KIMBALL MIDWEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
KIMBALL MIDWEST DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR
ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE
KIMBALL MIDWESTS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF THE ITEM.
Limitations and Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KIMBALL MIDWEST
OR ANY OF ITS EMPLOYEES, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR INABILITY TO USE THE KIMBALL MIDWEST.COM WEB SITE.