Terms & Conditions
By using the KMK Insulation Inc. website, you agree to the Terms of Service as set forth.
This Agreement governs your use of the KMK Insulation Inc. website, allowing you full access to the website (the "Site"). KMK Insulation Inc operates the Site.
KMK Insulation Inc. reserves the right, at its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the site constitutes your binding acceptance of these terms and conditions in this Agreement, including any changes or modifications made by KMK Insulation Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Site.
Use of Content
You acknowledge that the Site contains or may contain information, software, Data Files, and other material (collectively the "Content") protected by the copyright, trademark, or other proprietary rights of KMK Insulation Inc.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright.
The Site may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that KMK Insulation Inc. is not responsible for the availability of or the content located on or through any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold KMK Insulation Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "KMK Insulation Inc. Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any KMK Insulation Inc. Party in connection with: (i) any use or alleged use of the KMK Insulation Inc. web site by any person, whether or not authorized by you; or (ii) any breach of your warranties which are contained in this Agreement. KMK Insulation Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with KMK Insulation Inc.'s defense of the such claim.
Termination of Service
KMK Insulation Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your use at any time for any reason without prior notice or liability. KMK Insulation Inc. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
NEITHER KMK INSULATION INC NOR ANY PROVIDER OF CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES KMK INSULATION INC, ANY THIRD PARTY PROVIDER OF DATA FILES, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE DATA FILES. THE SITE AND THE DATA FILES ARE DISTRIBUTED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. NEITHER KMK INSULATION INC, THIRD-PARTY DATA FILE PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY DATA FILES DOWNLOADED THROUGH THE SITE. NEITHER KMK INSULATION INC NOR ANY THIRD-PARTY DATA FILE PROVIDER WARRANTS ANY DATA FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY DATA FILES DOWNLOADED THEREFROM BY YOU IS ASSUMED SOLELY BY YOU.
NEITHER KMK INSULATION INC, ANY THIRD PARTY DATA FILE PROVIDER, NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF KMK INSULATION INC, PROVIDERS OF DATA FILES, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement will be governed under the laws of the State of Massachusetts and the federal laws of the United States applicable therein. Each of the parties hereto does expressly submit and attorn to the jurisdiction at the Courts at the State of Massachusetts. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.