The King Machine Companies
Terms of Use

Effective Date: January 2020

1. User’s Acceptance of Terms

King Machine (“King Machine”) and their associated legal entities, shareholders, directors, officers, agents and employees, together with the heirs, successors, and assigns of the foregoing (the “Associated Parties”) are herein collectively sometimes called “us,” or we,” or “our”.  Access and use of this site and related services (the “Website”) is provided to you, (herein called the “User” or “You” or “Your”) subject to Your compliance with all the terms, conditions, and notices contained or referenced in this Agreement (herein called the “Terms of Use” or “Agreement”) or on our Website.  Our Privacy Policy is part of these Terms of Use.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH WILL THEN CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.  IF AFTER READING THESE TERMS OF USE YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE IMMEDIATELY EXIT THIS WEBSITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR WITH ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR BINDING AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON YOUR USE OF THIS WEBSITE FOLLOWING YOUR ACTUAL OR CONSTRUCTIVE NOTICE OF THESE TERMS OF USE.  WHEN YOU USE THIS WEBSITE, REGARDLESS OF WHETHER YOU PURCHASE ANY PRODUCT, WE WILL ASSUME THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE WITH ALL OF THE PROVISIONS STATED IN THESE TERMS OF USE.

2. Use of this Website

This Website may only be used for lawful purposes.  You are responsible for the consequences of Your communications, uploads, transmissions, and posting of information on or through this Website, and for use of this Website by anyone accessing it using Your identity or login information.  By submitting information through this Website, You represent that You are 18 years of age or older and not subject to any restrictions regarding Your ability to enter into a legal contract.  You represent and warrant that any information You transmit to this Website is truthful, accurate, not misleading, and offered in good faith, and that You have the right to transmit such information.

3. Content is for Informational Purposes Only

All content available in any part of this Website is provided for general informational purposes only.  Such information is not intended to be, and does not constitute professional advice.  This Website is not a substitute for such professional advice.  We do not represent or guarantee that information available through our Website is accurate, complete, reliable, or up-to-date.  All information appearing on this Website is for your general enlightenment with the intent that You will not rely upon such information in place of the advice that only a qualified professional can provide.

4. Licenses for Use of this Website and Information

This Website, including all of its contents, such as text, images, and the HTML used to generate the pages are the property of the King Machine Companies and their Associated Parties, suppliers or licensors, and may be protected by copyright, trademark, and patent laws of the United States, or by foreign countries or laws.  Except as otherwise provided in this Agreement, You are not legally permitted to use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute, any such materials from this Website, in whole or in part, for any public or commercial purpose whatsoever, without our prior written permission, which we may withhold in our sole and absolute discretion.  We grant You a personal, non-exclusive, non-transferable license to access this Website and to use the information and services contained on this Website, subject to Your compliance with these Terms of Use.  You grant to us and our Associated Parties, a non-exclusive, royalty-free irrevocable license (coupled with an interest) to use any content You provide on this Website for any purpose, subject to the express provisions of these Terms of Use.

5. Changes to these Terms

We reserve the right to modify any of these Terms of Use in our sole discretion, at any time and without prior notice.  In the event that we make material changes to the Terms of Use, we will post the revised Terms of Use and the effective date of such changes on our Website.  Unless, otherwise stated, all modifications to these Terms of Use will be effective immediately upon posting them.  Posting of any such modified Terms of Use on this Website will constitute constructive notice to You of the modified Terms of Use.  We encourage You to check this Website frequently to see the current Terms of Use in effect, and any changes that may have been made to them.  Your continued use of this Website after a change has been posted constitutes Your acceptance of the change.  If You disagree with any changes to these Terms of Use, Your sole remedy is to discontinue Your use of our Website.

6. Changes to this Website


We reserve the right to terminate, change, suspend, or discontinue this Website or any part or aspect of this Website, including information, data, text, sound, photographs, graphics, video, messages, or other materials, as well as features and hours of availability.  These and any other changes to this Website may be made in our sole and absolute discretion, and without prior notice to You.  We will not be liable to you or any other party for making such changes.  At any time, we may impose rules for and limits on use of this Website, or restrict Your access to all or any part of this Website, without notice, or penalty, or liability to You or anyone associated with You.  We will have the right to change these rules or limitations at any time, in our sole discretion.

7. Copyright

This Website, and all content available on this Website, is protected by copyright, whether or not such content has been registered or is unregistered.  Unless otherwise specified on this Website, no portion of this Website may be copied, reproduced, republished, transmitted, or distributed in any way without our prior written consent, which consent may be withheld in our sole and absolute discretion.  Any such use of this Website’s content for any purpose not authorized under these Terms of Use is a violation of the copyrights of King Machine and its Associated Parties (or other entities where indicated).  Written permission for all uses of this Website other than as expressly authorized under these Terms of Use, including linking to any page of this Website other than the home page, must be obtained from us in advance.  Any such request should be submitted by email to “marketingteam@kingmachinemolds.com”.  Use of this Website, or of any content available on this Website, on any other website, social media, or any other networked computer environment, is prohibited.  Unless otherwise indicated in this Website, all words, graphics, pictures and other content in any form, and all design rights, compilation rights, and other intellectual property rights in this Website, together with the related goodwill, are proprietary to King Machine, its Associated Parties, or its licensors, whether such rights are registered or unregistered.

8. Trademarks

All trademarks, service marks, logos, and trade names on this Website, whether registered or unregistered, are proprietary to King Machine and its family of affiliated companies or to other people or legal entities where indicated.  You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without our prior written consent, or other appropriate owner.

9. Prohibited Activities

When using this Website, You are not permitted to:

 10. Website Security

You are prohibited from violating, or attempting to violate, the security of this Website.  Any such violation may result in criminal and civil penalties against You.  We will investigate all alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations and prosecution.  We aggressively pursue all civil remedies in connection with any such violation.

11. Unsolicited Ideas

Although we greatly value both our new and our established customers, we are not able to accept or consider unsolicited ideas, including ideas for new products or services.  You should not transmit any material to this Website that You consider to be confidential or proprietary.  Any material that You do transmit to this Website or to us will be considered non-confidential and non-proprietary.  Except as expressly provided in our Privacy Policy, You give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute any such information as we desire in our sole discretion.  You also agree that we have the right to freely use any concepts, know-how, ideas, and other intellectual property that You, or someone acting on Your behalf, transmit to this Website or otherwise transmit to us, without a legal obligation to pay anyone or account to You or other interested parties.

12. International Use

We control and operate this Website from our offices in the United States of America, and all orders and information are processed within the United States.  Those who choose to access this Website from outside the United States do so voluntarily, and are solely responsible for compliance with all applicable local laws and all additional charges associated with purchasing product from outside the United States.  Any offer for any product, service, information, or promotion on this Website is void where prohibited.

13. Copyright Claims

The Digital Millennium Copyright Act (DMCA) and other applicable law may provide recourse to copyright owners who believe their rights under the United States Copyright Act have been infringed on the internet.  If You are a copyright owner, or the agent of a copyright owner, and You believe that any content on this Website infringes Your copyrights, we suggest that You contact a legal professional who can advise You about Your rights.  You may have a right to submit notification about the alleged infringement under the DMCA.  Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached by email addressed to “marketingteam@kingmachinemolds.com or by mail to King Machine at 3900 Westinghouse Boulevard, Charlotte, North Carolina   28273.

14. Resale Restrictions

By using this Website, You agree that upon resale to a third person of any product purchased through this Website, You will strictly adhere to and comply with all policies regarding: 

Failure to comply with such policies will constitute a breach of Your obligations under this Agreement, may result in termination of Your right to use this Website, and may subject You to liability and damages for breach of contract.

15. Jurisdictional Issues

This Website is controlled and operated by King Machine and its family of affiliated companies from their offices within the State of Ohio, United States of America.  Persons who choose to access this Website from outside the State of Ohio or outside the United States do so on their own initiative and at their own risk, and are solely responsible for compliance with laws and regulations of the foreign State or Country to which they might be subject, including (but not limited to) applicable taxes, tariffs, import expenses, and other add-on costs.  Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.  No information from this Website may be downloaded or otherwise re-exported: (i) into a country or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or (iii) to anyone on the United States Commerce Department’s Table of Denial Orders.  By using information from this Website, You represent and warrant that neither You, nor anyone for whose benefit You may be operating, are on any such list, are located in any such country, are a national or resident of any such country, and any transaction which You initiate is not, and will not upon fulfillment, be in violation of any embargo or other governmental restrictions on the sale or receipt of the product or service.  You agree to defend, indemnify, and hold King Machine and its family of affiliated companies, harmless, from and against any loss, damages, liability, claim, lawsuit, penalty or fine, which may be asserted against them or which they incur in connection with any such prohibited actions.

16. Termination of Use of Website

We abide by all applicable anti-discrimination laws and regulations but may otherwise terminate Your use of this Website and Your ability to purchase product or services at any time in our sole and absolute discretion, without cause or reason.   In the event of such termination, You must immediately destroy any content obtained from this Website, including all copies or cached pages containing such content.

17. Survival of Certain Provisions

The provisions of these Terms of Use that contemplate continuing obligations or restrictions following termination of this Website or Your use of this Website, or which in order to give such provisions meaning must continue after the completion of any purchase transaction arising in connection with this Website (the “Continuing Provisions”) will continue after the completion of any such transaction or termination of this Website or Your use of this Website.  The Continuing Provisions to which this paragraph applies include, but are not limited to, provisions regarding Website security, prohibited activities, limitations on use, copyrights, trademarks, user submissions, disclaimers, limitation of liability, Your waivers, dispute resolution, indemnity, warranty disclaimers, minimum advertised pricing policies, resale policies and other anti-divergent policies, choice of law and jurisdictional issues.

18. No Guarantees

You acknowledge that neither King Machine, nor its family of affiliated companies, represent or guarantee the accuracy, reliability, availability, timeliness, performance, completeness, or suitability of any of the products, materials or any other content available on this Website.   You acknowledge that such content may contain inaccuracies or errors, and You hereby waive all claims, lawsuits, and causes of action against King Machine and its family of affiliated companies arising out of any such materials or content.

19. Disclaimer of Warranties

We constantly strive to provide our customers with valuable information and descriptions of the products that we offer on this Website.  However, much of the content on this Website is written by third parties.  Therefore, You acknowledge and agree that:

THE CONTENT PRESENTED ON THIS WEBSITE IS PROVIDED WITHOUT GUARANTIES OR WARRANTIES OF ANY NAME OR NATURE.   TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THIS WEBSITE OR THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY ASPECT OF THIS WEBSITE.

 Applicable law may not allow certain exclusions of implied warranties, so some or all of the above disclaimers may not apply to You.

20. Limitation of Liability

You agree on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, that neither King Machine, nor any of its family of affiliated companies, will be liable for damages of any name or nature arising out of Your use of this Website.  Specifically, and without limiting the preceding sentence, You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree that King Machine and its family of affiliated companies shall not be liable for consequential damages, incidental damages, special damages,  punitive damages, indirect damages, lost profits, or diminution in equitable value of a commercial enterprise, arising out of or in connection with the following (regardless of whether or not we have been advised of the possibility of such damages): 

21. Indemnification

You agree on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, to indemnify, defend, and hold harmless King Machine and its family of affiliated companies, together with all third parties who have provided information included in this Website and all interested licensors and licensees, from all liabilities, claims, causes of action, lawsuits, damages, costs and expense, including attorney fees and litigation related costs (where permitted by law), arising out of or in connection with Your use of this Website, any product or services that You purchase through this Website, and/or Your breach of these Terms of Use.  You agree to cooperate with us in the defense of any such claim. We reserve the right to select our own legal counsel and to assume exclusive control of any matter subject to indemnification by You under these Terms of Use.  The indemnification obligations set forth in this paragraph may not apply to You if they are not permitted under applicable law.

 22. Labelling and Written Content

You understand and agree that we may not manufacture all the products that are presented to You for purchase on this Website. Since we do not test or otherwise determine the constituent ingredients of any such products, their characteristics, efficacy, or source, we are not in a position to make representations in that regard.  We are not in any way responsible for content, or any omissions, relating to written materials that accompany any product we do not manufacture which may be sold on this Website–whether appearing on a label, packaging, attachment, or in a separate writing (including, copyrights, trademarks, service marks, patents and other proprietary interests claimed by a third party, language in the form of instructions, directions, ingredients, warnings, warranties, or representations that a product has any particular qualify or characteristic).  You hereby waive all lawsuits and claims against King Machine and its family of associated companies, of every name or nature, arising out of the foregoing written materials accompanying any product we do not manufacturer that You purchase on this Website, and You agree to direct all such lawsuits or claims only against the product’s Manufacturer.

 23. Governing Law and Jurisdiction

This Website (excluding any linked sites) is controlled by King Machine and/or its family of affiliated companies, from their principle administrative office in the state of Ohio, United States of America. This Website can be accessed from all 50 states, and potentially from other countries throughout the world.  Since each of these locations has its own laws which may differ from the laws in Ohio, by accessing or attempting to access this Website, You agree with us on behalf of yourself and others claiming through You, including Your heirs, successors and assigns that any claim, cause of action, lawsuit, or dispute of any name or nature between You and us arising out of any Claim Occurrence will be governed by and construed under the statutes and laws of the State of Ohio, without regard to the related conflict-of-laws rules and the United Nations Convention on the International Sales of Goods.

24. Equitable Remedies

In the event that You violate certain provisions set forth in these Terms of Use, You acknowledge that money damages may not be sufficient to compensate us for damages that we may incur.  Therefore, we will have the right to seek injunctions, specific performance, or other equitable remedies.  By using this Website, You waive all objections to such equitable remedy based on an assertion that money damages are sufficient to compensate us for Your breach.  In the event that a court should impose a bond in connection with any equitable remedy, You agree, on behalf of yourself that a bond in the amount of $1,500.00 will be appropriate and sufficient to compensate You for any damages You may incur if the event that the equitable relief is not warranted or if You ultimately prevail.  Such equitable relief will not limit our rights to pursue remedies at law for money damages, or otherwise.

25. Exclusive Dispute Resolution Process

If a dispute arises, we strongly encourage You to first contact your facility manager before initiating the Exclusive Dispute Resolution Process provided below.  We value our relationships with our customers and will try to resolve Your claims informally and quickly.  Prior contact with our Customer Service Department, and affording us the opportunity to resolve the issue informally, is a legal prerequisite to Your right to initiate the Exclusive Dispute Resolution Process.  All formal claims or causes of action that You wish to bring against us must be resolved in accordance with this paragraph 26 and the Exclusive Dispute Resolution Process. All lawsuits or other formal claims or dispute resolution processes brought contrary to this paragraph 26 will be considered improperly filed/initiated and will be void and subject to immediate dismissal upon motion of the other party.

Exclusive Dispute Resolution Process:  All disputes arising in connection with this Website, these Terms of Use, or any product or service advertised on this Website must be determined by binding arbitration in accordance with the provisions set forth in applicable Ohio law then in effect and, subject to the terms set forth in this paragraph 26, the then-applicable Commercial Arbitration Rules of the American Arbitration Association (the “Exclusive Dispute Resolution Process”).  These Terms of Use shall for all purposes take precedence over and shall supersede any conflicting provisions in said Ohio law and/or in the Commercial Arbitration Rules of the American Arbitration Association.  The arbitration award must be in compliance with the provisions set forth in these Terms of Use and it must be consistent with the facts as found by the arbitrator and with the substantive laws of the State of Ohio.   No arbitrator will have authority or jurisdiction to issue an award which conflicts with these Terms of Use.  The arbitrator shall be an attorney in good standing with the Supreme Court of Ohio who has had not less than 15 years of private practice concentrating on commercial or general business law in the State of Ohio. The arbitrator shall be selected by agreement of You and us, or upon failure to agree, the arbitrator shall be selected in accordance with applicable law and Rules of the American Arbitration Association, in which case the arbitrator may not deviate from the characteristics which an arbitrator is required to possess in these Terms of Use. The arbitration will take place at a suitable location in Akron, Ohio.  At least sixty (60) days prior to initiating the Exclusive Dispute Resolution Process, the initiating party will give the other party written notice of its intent to do so.  We may provide such notice by email to Your e-mail address on file with us, and You must provide such notice by e-mail to our General Counsel, Gerald B. Chattman, Esquire, at gchattman@bdblaw.com.

YOU, ON BEHALF OF YOURSELF AND OTHERS CLAIMING THROUGH YOU, AND YOUR HEIRS, SUCCESSORS OR ASSIGNS, UNDERSTAND AND AGREE THAT ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS UNDER THE EXCLUSIVE DISPUTE RESOLUTION PROCESS WILL BE CONDUCTED NOT BEFORE A JURY, ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

 26. Miscellaneous

Except as otherwise provided in these Terms of Use, if any provision in these Terms of Use is held to be unlawful, void, or unenforceable, that provision will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.  We will not enforce any provision of these Terms of Use which violates any consumer protection or other law that may apply to You and such provision or provisions are automatically void and of no effect without our further action.  These Terms of Agreement constitute the entire agreement between You and us, and fully supersede all other agreements, oral or written, regarding the subject matter addressed in these Terms of Use. Any failure or delay on our part in enforcing our rights under these Terms of Use will not be considered a waiver of our rights. These Terms of Use will be enforceable by our successors and assignees.  No provision in this Agreement may be modified or deleted unless initiated by us and posted on this Website by us.  All future modifications of these Terms of Use by us will become binding upon You immediately upon Your first use of this Website after such modification, and You will be deemed to accept such modifications upon such first use.

27. Contact Us

If You have any questions or comments regarding these Terms Of Use or this Website, please email us at marketingteam@kingmachinemolds.com, or write to us at King Machine, Attn.: Data & Privacy Officer, John Horrell, Chief Information Officer (CIO), 435 Industrial Park Rd. NE, Cartersville, Georgia, 30121.

End of Terms of Use

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