Terms & Conditions
KDH Defense Systems, Inc. Web Site User Agreement and Disclaimers
Please read the following terms and conditions carefully before using this Web site or any of our other Web sites.
By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites.
All material contained on this web site are copyrighted, except as explicitly noted otherwise.
©Copyright 2011 KDH Defense Systems, Inc. All rights reserved.
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:
the content is accurate or complete;
the content is up-to-date or current;
we have a duty to update any content;
the content is free from technical inaccuracies or typographical errors; the content will meet your requirements;
the content will operate in the configuration or with other hardware or software you use;
the content is free from changes caused by third party; and
your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. In no event will our aggregate liability arising from, relating to, or in connection with this Agreement (including, without limitation, claims relating to the Web site) exceed USD $100.00. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site “As Is” and Disclaim All Warranties
Our Web site content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability, fitness for a particular purpose, and non-infringement.
3. We Do Not Have Responsibility for Links to Third Party Content
4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site’s owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not An Endorsement
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site. A Web site that links to our Web site:
May link to, but not replicate, our content;
Should not create a browser, border environment or frame our content;
Should not imply that we are endorsing it or its products;
Should not misrepresent its relationship with us;
Should not present false information about our products or services; and
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It is Non-Confidential
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
7. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site’s content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No content from www.KDHdefensesystems.com, or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” any material contained on our Web site on any other server. The sole exceptions to these restrictions are:
you obtain written permission from us to waive these restrictions; or
you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
8. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, and logos used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name of KDH Defense Systems, Inc. or any of our company, product, or brand names or logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
9. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. All disputes arising out of or relating to this Agreement or your use of the Web site will be exclusively resolved under confidential binding arbitration held in North Carolina before and in accordance with the Rules of the American Arbitration Association and shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in North Carolina to enforce this Agreement or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
10. You are Bound by Changes in this Agreement’s Terms and Conditions
We may at any time revise these terms and conditions by updating this posting. By using our Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current KDH Defense Systems, Inc. Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site.
11. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless KDH Defense Systems, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claims, demands, or actions at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any claim, demand, or action without our consent.
12. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of KDH Defense Systems, Inc. and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web site must be filed within one calendar year after such claim or cause of action arises or forever be barred.
14. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Web site after you have terminated this Agreement. Provisions 2, 6, 7, 8, 9, 11, and 12 of this Agreement shall survive any termination of this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.