Terms of Use
The use of the kmsllc.us website (this "Website") and the sale of
products and services offered on this Website are governed by the terms
and conditions set forth below and all other disclaimers, guidelines,
policies and terms and conditions of sale appearing on this Website
(collectively, the "Terms and Conditions"). Your use of this Website
in any manner, whether browsing, making a purchase, constitutes your
acknowledgement that you have read the Terms and Conditions and that
you agree to follow and be bound by them. kmsllc.us reserves the right
to modify or change the Terms and Conditions at any time without prior
notice to you. Therefore, we recommend that you please read them carefully
each time you use this Website.
Please note that the guidelines, policies and other terms and conditions
of use and sale at retail stores and other kmsllc.us-affiliated websites
may vary.
Usage Restrictions
You may access and view the Content (as defined below) appearing on
this Website for personal, non-commercial use only. You may download
and/or copy certain portions of the Content for personal, non-commercial
use only, provided that you (a) retain all copyright, trademark or other
proprietary notices contained on the Content, (b) do not modify or alter
the Content in any way and (c) do not make the Content available to
any third party. kmsllc.us reserves complete title and full intellectual
property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following
activities are strictly prohibited: (i) misrepresenting the identity
of a user; (ii) tampering with this Website; and (iii) conducting fraudulent
activities.
Privacy Policy
Use of personal information that you may submit to kmsllc.us through
this Website is governed by the kmsllc.us
Privacy Policy.
Proprietary Rights
The kmsllc.us logos and trademarks, as well as other marks, trade names,
trademarks and logos on this Website, are the properties of their respective
owners. You may not use, reproduce, copy or manipulate such logos in
any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music,
sound, photographs, video, illustrations, icons, graphics, headers,
data, information and software (collectively, "Content") are subject
to copyright, trademark, or other proprietary rights or licenses held
by kmsllc.us or a kmsllc.us affiliate or by third parties who have licensed
their rights to kmsllc.us. All Content is copyrighted as a collective
work under the U.S. and international copyright laws and kmsllc.us owns,
to the fullest extent allowed by such law, the copyright in the arrangement,
coordination, enhancement and selection of such Content or this Website.
Except as provided above, you may not make copy, modify or create derivative
works of the Content. In addition, you may not distribute, publish,
transmit, reuse, repost, "and frame" the Content in any manner or sell
or attempt to sell the Content.
Submissions to www.kmsllc.us
Any remarks, suggestions, ideas, messages and data submitted by you
to kmsllc.us through this Website (the "Messages") shall be and remain
the exclusive property of kmsllc.us. Therefore, kmsllc.us discourages
you from submitting Messages that you do not wish to assign to kmsllc.us,
including confidential information or any original creative materials
such as product ideas or original works. You represent and warrant to
kmsllc.us, and accept responsibility for, the accuracy, appropriateness
and legality of the Messages. Your submission of such Messages shall
constitute an assignment to kmsllc.us of all worldwide right, title
and interest in and to all copyrights and other intellectual property
rights in the Messages. kmsllc.us is entitled to use, copy modify, disclose,
distribute and make derivative use of any of the Messages for any purpose
without restriction or compensation in any way to you.
Modification of Content
kmsllc.us attempts to ensure that the Content on this Website is complete
and current. As indicated in the DISCLAIMERS set forth below, kmsllc.us
does not guarantee that the information contained on this Website will
not contain errors, inaccuracies or omissions. Such errors, inaccuracies
or omissions may relate to price or to product description or availability.
kmsllc.us reserves the right to correct any error, inaccuracy or omission
or to change or update the Content without prior notice to you.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE
THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND
ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. KMSLLC.US DISCLAIMS, AND
YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF KMSLLC.US,
WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE,
WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING,
BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT;
AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE THAT KMSLLC.US DOES NOT REPRESENT OR WARRANT THAT THIS
WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS,
DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL
COMPONENTS.
KMSLLC.US DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF
THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER
SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE.
KMSLLC.US DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED
IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED
STATES.
kmsllc.us reserves the right to refuse or cancel any orders placed for
products and/or services for which the sale or use of such products
and/or services in your state is restricted or prohibited.
To properly serve all customers, kmsllc.us reserves the right to limit
quantities. kmsllc.us further reserves the right to cancel multiple
orders of this item purchased by the same kmsllc.us user and/or shipped
to the same delivery address.
kmsllc.us may display advertising prints for products sold through this
Website. kmsllc.us attempts to display the colors of the products shown
on this Website as accurately as possible. However, we cannot guarantee
that the color you see matches the product color, as the display of
color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL KMSLLC.US, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO
YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY
TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE,
EVEN IF KMSLLC.US OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT
THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION
IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN KMSLLC.US
TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS
($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
Enforcement
By accessing and using this Website, you agree that your access and
use of this Website is subject to the Terms and Conditions, and all
applicable laws, as governed by the laws of the State of New Mexico,
without giving effect to any principles or conflicts of laws.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned
nor operated by kmsllc.us (although some such sites may have an affiliation
with kmsllc.us) (collectively, "Third Party Sites"). Such links are
provided for your convenience only. kmsllc.us makes no representations
whatsoever about any Third Party Sites which you may access through
this Website, as kmsllc.us has no control over the content appearing
on such Third Party Sites. Moreover, a link to a Third Party Site does
not imply and does not constitute sponsorship, endorsement, approval
or responsibility for the content on, or the use of, such Third Party
Site. No rights to use or copy the information on this Website or the
Third Party Site is granted or implied. Please Note: The privacy policies
applicable to Third party Sites may differ significantly from the kmsllc.us
privacy
policy. You are encouraged to review the applicable privacy policies
of such Third Party Sites.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you
and kmsllc.us with respect to this Website. The Terms and Conditions
supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written between you and kmsllc.us with respect
to this Website. No modification of the Terms and Conditions shall be
effective unless it is authorized by kmsllc.us. If any provision of
the Terms and Conditions is found to be contrary to law, then such provision(s)
shall be constructed in a manner to closely reflect, as much as possible,
the intentions of the parties, with the other provisions remaining in
full force and effect.
