PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE
(THE "SITE") OPERATED BY Kendall Howard. ("Kendall Howard"), YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by
visiting, browsing, shopping, accessing or otherwise using the Site. These
terms and conditions are subject to change without prior notice at any time,
in Kendall Howard's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and Kendall Howard. (References to "you" or "your"
shall relate to a customer of Kendall Howard or other party that visits,
browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Kendall Howard" shall relate to Kendall Howard and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using
this site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable laws
and regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be
changed by Kendall Howard from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but not
limited to, United States copyright law and international treaties. This
Site is controlled and operated by Kendall Howard from its offices within
the United States. Kendall Howard makes no representation that materials in
the Site are appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is not authorized.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herin is governed by the laws of the state of Minnesota without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in Ramsey County, Minnesota to hear any such claims.
Access, Interference and Linking
Kendall Howard grants you a limited license to access and make personal use
of the Site and not to download (other than page caching) or modify it, or
any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Kendall Howard.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual
process to monitor or copy portions of the Site or the content contained
herein without prior written permission by Kendall Howard; collection or use
of any product listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products competitive with or
comparable to those offered on the Site; and, Any use of, visits to, or
other action that imposes an unreasonable or disproportionately large load
on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Kendall Howard.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
Kendall Howard, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Kendall Howard logo or other proprietary graphic or trademark as part of the
link without express written permission.
Kendall Howard does not review or control third-party sites that link to or
from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by Kendall
Howard or by the original creator of the material. Except as stated herein,
none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of KENDALL
HOWARD or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that
you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately destroy
any downloaded or printed materials. You also may not, without Kendall
Howard's prior written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
KENDALL HOWARD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF KENDALL HOWARD OR A KENDALL HOWARD AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you
agree with Kendall Howard, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content
provider or offeror of goods or services on this Site or through any other
associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND
ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure
of A MUTUALLY AGREED UPON ARBITRATOR (the "Code") in effect at the time the
claim is filed. The arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be
held as provided by the Code and if any In-person Hearing is required, it
shall be held in St Paul, Minnesota. Each party shall bear its own cost of
any legal representation, discovery, or research required to complete
arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this
Site.
Account and Password
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. If you are under 18, you may use the Site only with a parent or
guardian. Kendall Howard reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Kendall Howard
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Anything
you transmit or post may be used by Kendall Howard for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Kendall Howard is free to
use any ideas, concepts, know-how, or techniques contained in any
communication you send to Kendall Howard or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
Kendall Howard.
1310 Rice Street
Braham, Minnesota 55006-3646
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
All Material Copyright Kendall
Howard LLC 2003, All Rights Reserved.
