Legal Notice – Terms and Conditions of Use
This Website ("Site") and its contents are owned and operated by Kruger Products Limited, A Kruger Company ("Kruger Products" or "we"), as a service to its customers. Your use of this Site constitutes your agreement with Kruger Products to be bound by, and to act in accordance with these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use this Site.
Kruger Products reserves the right to, at any time without notice: (a) make changes to this Site and its contents and to these Terms and Conditions of Use; (b) monitor and remove Submissions; and (c) discontinue Site availability. Any such changes, modifications, additions or deletions to these terms and Conditions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting the modified Terms and Conditions of Use on this Site or by sending notice through electronic or conventional mail. Please visit these Terms and Conditions of Use from time to time to keep up-to-date. Your use of the Site affirms your continuing agreement to abide by any revised Terms and Conditions of Use. Any failure by Kruger Products to act in response to a breach by you or any other party of these Terms and Conditions of Use shall not be deemed a waiver of Kruger Products’ right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set out the entire understanding between Kruger Products and you with respect to the use of this Site.
This Site, the contents of this Site and any products and services advertised on this Site are intended for use by residents of the United States only. Kruger Products makes no representation that this Site, its contents or any products or services advertised on this Site are available in other jurisdictions or are appropriate for use in such jurisdictions. Those who choose to access this Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.
Copyright and Trademarks
All material on this Site with the exception of third party materials used under license, including the text, images, software, programs, graphics, video, audio and designs and the trade-marks displayed on this Site ("Materials"), are owned and/or used under license by Kruger Products, and protected by international copyright and trade-mark laws. You may not copy, reproduce, re-distribute, republish, transmit, modify, or otherwise use any Materials without the prior written consent of Kruger Products. You are hereby licensed to make one copy of any Materials for personal and non-commercial purposes only, provided you maintain all copyright, trademark and other proprietary notices contained in the Materials. If you make a copy of any Materials or download from this Site, you warrant that you do so legally and you warrant that you will not copy, reproduce, re-distribute, republish, transmit, or modify the Materials or otherwise use them for any public or commercial purposes. Ownership, title and all intellectual property rights in and to all Materials copied or downloaded from this Site remains with Kruger Products or the third party licensor.
The trade-marks appearing in this Site are the exclusive property of Kruger Products. Your use of the trade-marks appearing on this Site in any manner other than as authorized in these Terms and Conditions of Use is strictly prohibited. For further information on these trademarks and third-party trademarks appearing on this Site, please refer to our Trademark Notice.
Limitation of Liability
Kruger Products does not guarantee continuous, uninterrupted, error-free or secure access to this Site, nor do we guarantee or warrant that any Materials are up-to-date, accurate or complete. The operation of this Site may be interfered with by factors outside Kruger Products’ control. Kruger Products does not warrant that any servers making this Site available are free from viruses and other harmful elements or that any defects in this Site will be immediately corrected. Kruger Products reserves the right to monitor the use of this Site and to use or disclose any information necessary to satisfy any legal or regulatory requirements, to protect itself or to operate the Site properly.
The Materials on this Site are provided "as is", and to the fullest extent permitted by law, the Materials are provided without any express or implied warranty of any kind including warranties of merchantability, or fitness for any particular purpose.
In no event shall Kruger Products, its parent company, affiliates or suppliers be liable for any damages whatsoever (including, without limitation, special or consequential damages or damages for loss of profits, business interruption, or loss of information) arising out of the use or inability to use this Site, its contents or the Materials, even if Kruger Products has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Kruger Products’ liability is limited to the greatest extent permitted by law. Kruger Products has no duty to update this Site, its contents or the Materials and shall not be liable for any failure to update. You assume the entire responsibility for any and all damages, repairs and/or maintenance costs incurred by you. Your sole and exclusive remedy is to discontinue using Kruger Product's Site.
You agree to indemnify, defend and hold harmless Kruger Products and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any violation of these Terms and Conditions of Use by you.
Kruger Products is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor do we accept unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products or services ("Unsolicited Ideas"). Although we encourage your feedback, comments and questions, please do not send Unsolicited Ideas to Kruger Products.
By posting any material, including Unsolicited Ideas, messages, written editorials, photographs, software or video clips ("Submissions") to this Site you agree that all such Submissions will be considered non-confidential and non-proprietary and that no Submissions will be returned. You grant to Kruger Products a non-exclusive, royalty-free, worldwide, unrestricted and perpetual license, to publish, display, reproduce, perform, broadcast, retransmit, modify, edit or otherwise use (in whole or in part) the Submissions, with the right to sub-license to third parties the unrestricted right to exercise any of the foregoing rights. The license shall include the right to exploit any proprietary rights in the Submissions, including but not limited to rights under copyright and trademark. Kruger Products has no obligations with respect to the Submissions, and you agree that you will have no recourse against Kruger Products for any actual or alleged infringement, passing off or misappropriation of any proprietary rights in the Submissions. Kruger Products reserves the right at all times to remove any Submissions that in Kruger Products’ sole discretion are objectionable, offensive, unlawful or in violation of these conditions.
You agree not to restrict or inhibit other individuals from using and enjoying this Site and you agree not to post or transmit any unlawful, abusive, libelous, defamatory, threatening or obscene Submissions. You agree not to post or transmit any Submissions which violate or infringe upon the rights of others, including Submissions which are an invasion of privacy or publicity rights or which are protected by copyright, trademark or other proprietary rights without first obtaining permission from the original rights holder. You agree not to post or transmit any Submissions which contain viruses or other harmful elements. Any such conduct constitutes a breach of these Terms and Conditions of Use resulting in the immediate termination of your right to use this Site. Kruger Products reserves the right to take all legal and administrative action against you to remedy such breach.
Third Party Websites
These Terms and Conditions of Use and any claim relating to them or this Site, its contents or the Materials shall be governed by the laws of the state of Arkansas and the laws of the United States as applicable therein, without regard to conflicts of law rules of Arkansas. Except where prohibited by law, you agree that (a) any and all disputes and causes of action arising out of or connected with these Terms and Conditions of Use and the Site shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office in Rogers, Arkansas; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. The AAA arbitrator is hereby instructed to give due consideration to the AAA fee waiver provisions, if applicable, in light of the claimant's financial situation. You agree that all causes of action arising out of or connected with these Terms and Conditions of Use and the Site, shall be resolved individually, without resort to any form of class action. If any part of these Terms and Conditions of Use are determined to be invalid, void, unlawful or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. These Terms and Conditions of Use constitute the entire agreement between you and Kruger Products.
TRADE MARK NOTICE
Certain names, graphics, logos, icons, designs, words, slogans, titles and phrases on our Site constitute registered and unregistered trademarks of Kruger Products Limited, A Kruger Company, its parent or affiliated companies (the "Marks"). Some trademarks on this site are owned by other parties who have granted Kruger Products a license to use their marks.