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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of KitOutlet.com.
The collective work includes works that are licensed to KitOutlet.com.
Copyright 2005, KitOutlet.com ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with KitOutlet.com or purchasing KitOutlet.com
products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions
of the material from the different areas of the site solely for your own
non-commercial use, or to place an order with KitOutlet.com or to purchase
KitOutlet.com products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by KitOutlet.com.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of KitOutlet.com used in
the site are trademarks or registered trademarks of KitOutlet.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, KitOutlet.com
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. KitOutlet.com does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that
makes the site available are free of viruses or other harmful components.
KitOutlet.com does not make any warrantees or representations regarding
the use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states
do not permit limitations or exclusions on warranties, so the above limitations
may not apply to you.
Limitation of Liability
KitOutlet.com shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if KitOutlet.com has
been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a KitOutlet.com product is mistakenly listed at an incorrect
price, KitOutlet.com reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. KitOutlet.com reserves
the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, KitOutlet.com
shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms
and conditions, or any part of them, may be terminated by KitOutlet.com
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination.
Notice
KitOutlet.com may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to KitOutlet.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of
the state at which the KitOutlet.com online store located., without regard
to choice of law provisions, and not by the 1980 U.N. Convention on contracts
for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of
or relating to this site (including but not limited to the purchase of
KitOutlet.com products) shall be in the state or federal courts at which
the KitOutlet.com online store located. Any cause of action or claim you
may have with respect to the site (including but not limited to the purchase
of KitOutlet.com products) must be commenced within one (1) year after
the claim or cause of action arises. KitOutlet.com's failure to insist
upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall
act to modify any of these terms and conditions. KitOutlet.com may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat,
or by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a KitOutlet.com or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through
the site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal offense, violate
the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any other
commercial online service or other organization.
Participation Disclaimer
KitOutlet.com does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, KitOutlet.com is merely acting as
a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However,
KitOutlet.com reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive
or otherwise unacceptable to KitOutlet.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless KitOutlet.com, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, KitOutlet.com
may link to sites operated by third parties. However, even if the third
party is affiliated with KitOutlet.com, KitOutlet.com has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of KitOutlet.com. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
KitOutlet.com seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link
does not work).
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