Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “KEY POWER SOLUTIONS (“KPS”) Property”), and the features and functions on this KPS Property, are subject to these Terms of Access including any terms, conditions, policies and notices linked or referenced from here (“Terms”). The KPS Property is owned and/or controlled by KEY POWER SOLUTIONS. and its subsidiaries, division, affiliates, and brands (collectively, “KPS”). By accessing the KPS Property in any way, including, without limitation, browsing the KPS Property, using any information contained on or in the KPS Property, and/or submitting information to KPS, you agree to and are bound by the Terms, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of NEVADA law. From time to time KPS may update these Terms. Your use of the KPS Property after any changes to these Terms are posted constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. KPS may, in its sole discretion, and at any time, change or discontinue the KPS Property or any part thereof, with or without notice, or may prevent your use of the KPS Property with or without notice. You agree that you do not have any rights in the KPS Property and that KPS will have no liability to you if the KPS Property is discontinued or your ability to access the KPS Property or any content you may have posted on the KPS Property is terminated. By accessing or linking to the KPS Property, you assume the risk that the information on the KPSProperty may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. KPS may add, change, discontinue, remove or suspend any of the information, features and other content included in the KPS Property at any time, without notice and without liability. Due to the open nature of the KPS Property, and the potential for errors in the storage and transmission of digital information, KPS does not warrant the accuracy of information contained on or obtained from the KPS Property.
License and Access to KPS Property
KPS grants you a limited license to access and make use of the KPS Property solely for legitimate non-commercial, business purposes, subject to these Terms. Any access or attempt to access other areas of any KPS computer system or other information contained on the system for any other purposes is strictly prohibited. When using the KPS Property: (a) you will not use any electronic communication feature of the KPS Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the KPS Property for any commercial transactions that are unrelated to the purposes for which the KPS Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
KPS Content
Content on the KPS Property that is provided by KPS or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (“KPS Content”) is the property of KPS or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display, or use any KPS Content for use in any publications, in public performances, or on websites or applications other than the KPS Property for any unpermitted commercial purpose, in connection with products or services that are not those of KPS, in any other manner that is likely to cause confusion, that disparages or discredits KPS and/or its licensors, or that dilutes the strength of KPS’ or its licensor’s intellectual property, or that otherwise infringes KPS’ or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any KPS Content or User Content (defined below) in any other manner.
Reviews, Content and Submissions
From time to time on certain areas of the KPS Property you may be able to submit reviews, comments, feedback and certain other materials (“User Content”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by KPS in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of KPS, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the KPS Property, or any feature of the KPS Property. You further understand and agree that you have no ownership rights in any account you may have with KPS, or other access to the KPS Property or features therein. KPS may terminate or suspend your account and delete all User Content associated with your account at any time, and without notice, if KPS deems that you have violated these Terms, the law, or for any other reason. KPS assumes no liability for any information removed from the KPS Property and reserves the right to permanently restrict access to the KPS Property or a user account. By displaying, publishing, or otherwise posting any User Content on or through the KPS Property, you hereby grant to KPS a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or have a valid license to use the content submitted, displayed, published or posted by you on the KPS Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and KPS’ use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to KPS or its initiatives (your “Ideas”). With respect to your Ideas you acknowledge that: (a) KPS receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Ideas, and that KPS’ review of your Ideas is not an admission of novelty, priority or originality; and (b) KPS’ use of any ideas similar to your Ideas, whether based on your User Content, provided to KPS by third parties, or independently developed or considered by KPS, shall be without obligation to you. Any photos that you submit may be used at KPS’ sole discretion. By submitting a photo you grant KPS a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, and publish your photo in any and all media throughout the world without compensation to you. You should only submit photos that you have personally taken.
Third Party Technology, Websites and Applications
The KPS Property may include third party technology, services, software, applications, and links to third party websites (“Technology”). KPS is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk. To the extent applicable, your use of such third party Technology is subject to these Terms as well as additional terms and conditions.
Indemnification
You agree to indemnify, defend and hold KPS, its parents, affiliates, subsidiaries, officers, employees, and website contractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to KPS or the KPS Property.
Representations and Limitations of Liability
KPS makes no representations about the reliability of the features or functions of the KPS Property, the Content, User Content, or any other KPS Property feature or function, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. KPS makes no representations regarding the amount of time that any Content or User Content will be preserved. KPS does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on any User Content will be at your own risk and you are solely responsible for any such use or reliance. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by KPS without the prior review and written approval of KPS. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON- INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KPS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KPS OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KPS’ OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES,INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL KPS, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF KPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for your intended use.
Hypertext Links
The KPS Property may be linked to other sites which are not maintained by KPS. KPS is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by KPS of the linked sites. KPS disclaims any liability for links: (a) from another site to the KPS Property, and (b) to another site from the KPS Property.
Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the KPS Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of NEVADA without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Washoe County, Nevada. These Terms operate to the fullest extent permissible by law. Accessing materials on the KPS Property by certain persons in certain countries may not be lawful, and KPS makes no representation that materials on the KPS Property are appropriate or available for use in locations outside the United States. If you choose to access the KPS Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. On certain areas of the KPS Property, you may be given the ability to provide KPS with personally identifiable information. Please read the KEY POWER SOLUTIONS Privacy Policy for more information about KPS’ information collection and use practices, which policy applies to information collected on the KPS Property and your use of the KPS Property is subject to that policy. If KPS fails to act with respect to your breach or anyone else’s breach on any occasion, KPS is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.