Terms and Use Agreement

KemsetUSA

Welcome to KemsetUSA web site (the “Site”). BEFORE USING THIS SITE, YOU MUST
READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF USE
AGREEMENT. BY USING THIS SITE, YOU ACCEPT THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT ACCEPT OR DO NOT AGREE WITH ANY PART OF
THIS TERMS OF USE, YOU SHOULD NOT USE THIS SITE.
KemsetUSA reserves the right to modify or entirely change the terms and conditions contained
in the Terms of Use without notice, at any time and at it’s sole discretion. Any changes or
modification will be effective upon posting to the Site. Your continued use of this Site after
changes or modifications have been posted, will constitute your acceptance of such changes or
modifications. KemsetUSA advises you to frequently review the Terms of Use and applicable
policies from time to time.
This Terms of Use Agreement does not alter or substitute any other agreement you may have
with KemsetUSA for other products or services.
Any questions or comments about this Terms of Use Agreement or the contents of the Site
should be directed to Info@kemsetUSA.com.

  1. INCORPORATED POLICIES OR TERMS

1.1 Privacy Policy. KemsetUSA believes strongly in protecting user privacy and providing you with notice of KemsetUSA collection and use data, including personal information, collected from the Site. Therefore, KemsetUSA has adopted a Privacy Policy that you should refer to fully understand how KemsetUSA uses and collects information.

1.2 Terms of Sale. All orders placed via the Site are governed by KemsetUSA Terms of Sale. You should refer to the Terms of Sale to learn more about applicable return policies and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time at KemsetUSA sole discretion, so you should review the Terms of Sale each time you make a purchase.

  1. COPYRIGHT

    All copyrighted and copyrightable materials on this Site, including, without limitation, the KemsetUSA logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of KemsetUSA, ALL RIGHTS RESERVED Copyright © 2017 KemsetUSA and/or its licensors.  Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of KemsetUSA or the respective copyright owner.

    3. TRADEMARKS AND SERVICE MARKS

KemsetUSA, the KemsetUSA logo and the products and services described in this Site, including without limitation, “KemsetUSA ”, are either trademarks, service marks or registered trademarks of Kemset and may not be copied, imitated or used, in whole or in part, without the prior written permission of KemsetUSA.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks of KemsetUSA and may not be copied, imitated, or used, in whole or in part, without the prior written permission of KemsetUSA.  All other trademarks, registered trademarks, product names and KemsetUSA names or logos mentioned herein are the property of KemsetUSA. 

  1. USE OF SITE

This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of KemsetUSA.  except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of KemsetUSA.  or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not use, frame or utilize framing techniques to enclose any KemsetUSA trademark, logo or other proprietary information (including the images found at this Site, software, the content of any text or the layout/design of any page or form contained on a page) without KemsetUSA’s express written consent. Further, you may not use any meta tags, keywords or any other “hidden text” utilizing the KemsetUSA name, trademark, or product name without KemsetUSA’s express written consent.

  1. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your information.

  1. TERMINATION

    You agree that KemsetUSA, in its sole discretion, may terminate your use of this Site or restrict your access to any component of this Site, for any reason, including without limitation, or if KemsetUSA believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. KemsetUSA may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice. Further, you agree that KemsetUSA shall not be liable to you or any third party for any termination or restriction of access to the Site.

    7. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY KEMSETUSA.  TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. KEMSETUSA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE KEMSETUSA SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.

KEMSETUSA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

  1. LIMITATION OF LIABILITY

    YOU AGREE THAT KEMSETUSA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THIS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEMSETUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KEMSETUSA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED $100.00 USD OR THE COMPENSATION YOU PAID KEMSETUSA, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

9. INDEMNIFICATION

You shall indemnify, defend and hold harmless KemsetUSA and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users’ use of this Site, including but not limited to any violation by you or any Authorized User of the Terms of Use. KemsetUSA reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

10. RELATIONSHIP

The relationship between KemsetUSA and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.

11. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in Long Beach, in the State of California, United States of America, in all disputes arising out of or relating to the use of this Site and this Agreement.

This Site (excluding linked Web sites) is controlled by KemsetUSA from its offices within the State of California, United States of America. The Site can be accessed from all states within the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the State of California and the federal laws of United States of America applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the State of California and acknowledges that the

12. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

13. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. HEADINGS

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

15. ENTIRE AGREEMENT

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.