Terms of Access
PLEASE READ THESE TERMS OF ACCESS CAREFULLY BEFORE USING THIS WEBSITE
Thank you for reviewing the shop.klsummit.com Terms of Access. This Terms of Access Agreement (the “Agreement”) contains the terms, covenants, conditions and provisions (the “Terms and Conditions”) upon which you may access and use the shop.klsummit.com website (the “Site”). The terms “we,” “our,” “us” and “Klüber Lubrication NA LP” refer to Klüber Lubrication NA LP, the owner and administrator of the Site and its partners, staff, affiliates, agents and representatives(collectively, “Affiliated Parties”).
BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR ACCESS ANY FEATURES OR SERVICESPROVIDED ON OR THROUGH THE SITE.
1. DISCLAIMER. All information provided on this Site is subject to change without notice. While efforts have been made to make the Site helpful and accurate, due to the open nature of the Site, and the potential for errors in the storage and transmission of digital information, Klüber Lubrication NA LP does not warrant the accuracy of information obtained from the Site. THE SITE AND THE INFORMATION, DOCUMENTS AND OTHER CONTENT AND MATERIAL PROVIDED ON OR THROUGH THE SITE AREPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KLÜBER LUBRICATIONNORTH AMERICA DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FORA PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. KLÜBER LUBRICATION NA LP DOES NOT WARRANT THAT FUNCTIONS CONTAINED ONTHIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS. KLÜBER LUBRICATION NA LP DOES NOT WARRANT OR REPRESENT THE CORRECTNESS, ACCURACY, RELIABILITY, ADEQUACY, COMPLETENESS OF ANY SUCH INFORMATION, DOCUMENTS OR OTHER CONTENT AND MATERIALS.
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO ANY USER OF THIS SITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE OROUR AFFILIATED PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEEDTHE AMOUNT PAID TO US BY YOU, IF ANY, FOR YOUR USE OF THE SITE.
3. LIMITED RIGHT TO ACCESS AND USE INFORMATION. Klüber Lubrication NA LP grants to you only a limited, non-exclusive license to view the Site and access the information provided by Klüber Lubrication NA LP on the Site solely for use in learning about, evaluating, or acquiring Klüber Lubrication NA LP services or products (collectively, the “Permitted Uses”). No other permission is granted to you to print, copy, adapt, reproduce, publish, disseminate, broadcast, perform, distribute, create derivative works from, assign, sublicense, circulate, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site (including, without limitation, the display and distribution of any content or materials contained on the Site via a third party website). No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Any unauthorized use of the Site or any access or attempt to access other areas of the shop.klsummit.com computer system or other information contained on the system for any purpose is strictly prohibited and terminates the permission or license granted hereunder. You agree not to copy, modify, tamper with, or corrupt the Site or any portion of it. You may not use any information contained on the Site other than in connection with a Permitted Use.
4. COPYRIGHT. The Site, including without limitation, all Site software, HTML and other code, design, text, data, images, photographs, illustrations, artwork, or other graphics and graphic material, audio clips, video clips, logos, slogans, domain names, page headers, buttons, icons, or other on-screen objects, scripts, or other copyrightable elements, as well as the selection and arrangement thereof, is protected under applicable U.S. and foreign copyright laws and is owned by Klüber Lubrication NA LP and/or its Affiliated Parties, licensors, suppliers, assigns, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright. You do not acquire any ownership rights to any content, document or other materials viewed through the Site. The posting of information, documents or other materials on the Site by Klüber Lubrication NA LP does not constitute a waiver of any right in such information, documents or other materials.
5. TRADEMARKS. The Site may contain trade names, service marks, trademarks, certification marks, and/or trade dress (collectively, “Marks”), which are the property of Klüber Lubrication NA LP and/or its Affiliated Parties, licensors, suppliers, assigns, or other respective owners and which are protected, without limitation, pursuant to U.S. and foreign trademark laws. All Marks are the property of their respective companies. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are reserved. Statutory trademark notice contained herein represents trademark status in the United States.
6. ACCESS LIMITS. You may not use any automated means to access the Site or collect any information from the Site(including, without limitation, agents, robots, spiders or scripts), frame the Site, utilize framing techniques to enclose any proprietary information or material, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping” and any other activity intended to collect, store, reorganize or manipulate the information contained in this Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Site. Unauthorized or prohibited use may be subject to civil liability and/or criminal prosecution under applicable federal and state laws.
7. THIRD PARTY SITES. This Site may contain links to other sites that are not maintained by Klüber Lubrication NA LP. Klüber Lubrication NA LP is not responsible for the content or accuracy of those sites and Klüber Lubrication NA LP does not investigate or monitor such websites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Klüber Lubrication NA LP of the sites. If you decide to leave our Site and access such third party sites, you do so at your own risk. Klüber Lubrication NA LP disclaims any liability for links: (i) from another website to shop.klsummit.com; and (ii) to another website from shop.klsummit.com.
8. THIRD PARTY MATERIALS. Some of the information on the Site has been provided by external sources. We are not responsible for the accuracy, reliability or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information.
9. CROSS REFERENCE INFORMATION. Any product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase and/or speak to our application engineers at (903) 534-8021.
10. CUSTOMER PROFILE. If you elect to create a customer profile, as part of the registration process, you will select a login name and password. Although we will make every effort to assign to you the name and password that you select, we reserve the right, in our sole discretion, to reject any of your choices, for example, if it has been previously assigned to another user. You also may not (1) select or use a name or password of another person with the intent to impersonate that person, or (2) use a name or password that has previously been assigned to another user or in which another person has rights without such person’s authorization. You agree to provide true, accurate, current and complete information as prompted by the Klüber Lubrication NA LP Profile form (the information being the “Registration Information”). You also agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to notify us immediately of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You also authorize Klüber Lubrication NA LP, directly or through third parties, to make any inquiries that it deems necessary, at its sole discretion, to validate your registration. This may include ordering a credit report or performing other credit checks, or verifying information that you provide against third party databases. Klüber Lubrication NA LP makes no representation that any user’s identity has been verified and makes no guarantee as to any user’s identity. If you provide any Registration Information that is untrue, inaccurate, outdated or incomplete, or Klüber Lubrication NA LP suspects that such Registration Information is untrue, inaccurate, outdated or incomplete, then Klüber Lubrication NA LP has the right to suspend or terminate your account and refuse any and all current or future use of the Site or services thereon (or any portion thereof). REGISTRATION IS AVAILABLE ONLY TO USERS THAT ARE 13YEARS OLD OR OLDER. USERS UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO REGISTER WITHOUT THE PRIOR WRITTEN CONSENT, IN A FORMACCEPTABLE TO KLÜBER LUBRICATION NA LP, FROM A PARENT OR GUARDIAN.
11. SUBMISSIONS. We welcome your comments, feedback and suggestions. However, you agree that by sending us any idea, suggestion, remark, graphic, know how, material, or any other information (collectively, “Submissions”) such Submissions become our property and that we may, at our option, use or disclose the Submissions (or any modification or derivative thereof) without any obligation to you.
12. THE INFORMATION WE COLLECT. Klüber Lubrication NA LP may collect various types of information from visitors to the Site. Klüber Lubrication NA LP will collect transactional information from companies or individuals that purchase products from the Site. The information collected may include shipping information and credit card number/expiration date. The shop.klsummit.com web server also collects general data pertaining to every Site visitor, including the IP address, the domain name, the web page, the length of time spent on the Site and the pages accessed while visiting the Site. This information is collected to, among other things, aggregate statistical information, facilitate system administration, and improve the content of the Site. Klüber Lubrication NA LP may also retain the content of the communications that are sent to shop.klsummit.com customer service representatives. This information helps us to improve/respond to visitors’ inquiries regarding the Site.
13. SECURITY. Klüber Lubrication NA LP places the utmost importance on protecting information transmitted via the Site and will take security precautions to protect all such information; however, Klüber Lubrication NA LP cannot guarantee that any electronic commerce is totally secure. Klüber Lubrication NA LP will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
14. USE OF THE INFORMATION COLLECTED. Klüber Lubrication NA LP uses the information that is collected from the Site to, among other things, better serve its customers. Klüber Lubrication NA LP may also use the information collected to notify Site visitors of changes to the Site, to notify Site visitors of new products made available via the Site, and for any other legitimate and lawful business purpose of Klüber Lubrication NA LP. Klüber Lubrication NA LP will not exchange information with third parties. Please review our Privacy Statement which also governs your use of the Site, to understand our practices.
15. TERMS AND CONDITIONS OF SALE. The Terms and Conditions of Sale contain Klüber Lubrication NA LP’s conditions of sale. Placement of an order shall be deemed acceptance of the Terms and Conditions of Sale.
16. UPDATES TO TERMS. Klüber Lubrication NA LP reserves the right, at its sole discretion, to modify or amend these Terms of Access at any time, and from time to time. Any changes to these Terms of Access will be posted on the Site, or sent via postal or email to you. If any portion of the Terms of Access is unacceptable to you or will cause you to no longer be in compliance with this Agreement, you should discontinue use of the Site immediately. Continued use of the Site now or following any changes to the terms of Access means that you have accepted and are bound by the changes.
17. COPYRIGHTS; REGISTERED AGENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to firstname.lastname@example.org or Klüber Lubrication NA LP, Attn: Vice President Finance & Controlling, 9010 CR 2120 Tyler, Texas 75707, (903) 534-8021. All trademarks, service marks and logos used in this Site are the property of their respective owners. All contents of this Site are the property of Klüber Lubrication NA LP and/or Affiliated Parties, licensors, suppliers, or assigns. Copyright © Klüber Lubrication NA LP. All Rights Reserved.
18. QUESTIONS REGARDING TERMS OF ACCESS. Questions regarding these Terms of Access should be directed to Klüber Lubrication NA LP at email@example.com or 9010 CR 2120 Tyler, Texas 75707.
19. MISCELLANEOUS PROVISIONS. You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. This Agreement, together with the Privacy Statement and the Terms and Conditions of Sale, constitutes the entire agreement between us and you governing the use of the Site, superseding any other prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site. This Agreement shall be treated as though it were executed and performed in Londonderry, New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law principles). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and our waiver of any right or provision shall not constitute a continuing waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in the state of New Hampshire and you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth herein. The section titles in this Agreement are for convenience only. You may not transfer any rights or obligations you may have under this Agreement. This Agreement, or any right or obligation here under, is freely transferable by us. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any permitted assigns or transferees. This Agreement may be terminated by either party for any reason at any time. However, you agree that the foregoing terms and conditions shall survive any termination of your rights of access to the Site.