The King Machine Companies
Effective Date: January 2020
1. User’s Acceptance of Terms
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
5. Changes to these Terms
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.
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:
- send or otherwise transmit to or through this Website any unlawful, infringing, damaging, harmful, harassing, defamatory, threatening, vulgar, or otherwise objectionable material of any kind, as we determine in our sole and absolute discretion;
- send or otherwise transmit communications which incite civil unrest, radicalization, hate crimes, or action against us, any of our vendors or suppliers, any person or groups of persons, the European Union, or the United States of America, its individual states, territories, or protectorates;
- misrepresent Your identity or affiliation in any way;
- access data, servers, or accounts that You are not authorized to access;
- post material that is not Your own, or that You do not have permission to use, such as copyrighted materials, trade secrets, or other material that infringes on another’s intellectual property, privacy, or publicity rights;
- interfere in any way with the security of this Website or our networks, or attempt to use this Website to gain access to any other computer system;
- attempt to, or actually probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- attempt to, or actually interfere with service to any user, host, or network, including by submitting a virus to this Website, overloading, “flooding”, “mail-bombing”, or “crashing”; or sending unsolicited email, including promotions or advertising of products or services;
- violate any applicable laws or regulations, or encourage conduct that may do so; or
- assist or permit any person engaging in any of the prohibited activities described above.
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
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 “[email protected] 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:
- minimum advertised pricing;
- restrictions as to where and how a product may be re-sold or marketed; restricted resale on particular websites or through particular distributors; and
- all anti-divergent policies that may be imposed from time to time.
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
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):
- Your use of this Website;
- the inability to use this Website, any product or service purchased through this Website, Your use of any website to which this Website is linked, loss of privacy, loss of or damage to credit, stolen identity, breach of confidentiality, theft or wrongful appropriation of personal or commercial information provided to us, loss of data, or damage to any computer system or software (each of the foregoing is herein referred to as the “Claim Occurrence”. The above limitations will not apply to the extent that they are prohibited by applicable law. In the event that through the Exclusive Dispute Resolution Process set forth below in paragraph 26, we are found liable for damages arising out the foregoing occurrences or out of use of this Website despite the above limitations, You agree that such damages for all parties to any claim or action, or related claim or action will never exceed a total of Fifteen Hundred Dollars ($1,500) and You, on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree to accept that amount as liquidated damages in full satisfaction of all claims against us, and You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, hereby forever irrevocably waive all claims for damages in excess of that amount.
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
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.
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.
27. Contact Us