Kimber Mfg., Inc. Terms & Conditions of Use of Website
Effective as of April 3, 2014
IMPORTANT – YOU (“You” or “User”) SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS & CONDITIONS OF USE OF WEBSITE AGREEMENT BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, (collectively “TERMS”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR PORTIONS THEREOF AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (collectively, “WEBSITE”). KIMBER MFG., INC. (“KIMBER” OR “WE” OR “US”) IS WILLING TO ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY BE REFERENCED OR INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.
1. Use of this Website; Restrictions
You may use the Website and the materials, content or information made available on the Website (collectively “Materials”) conditioned on your continued compliance with the terms and conditions of these Terms. Further your use of this Website must comply with applicable law. You may view, print and download Materials from the Website solely for your personal and non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such Materials. Furthermore, you acknowledge and agree that you shall acquire no rights, title or interest in the Materials. Except as expressly noted in these Terms you may not and will not copy, display, reproduce, publish, transmit, distribute, transfer, disassemble, decompile, reverse engineer, alter, modify, create derivative works from, remove or alter copyright or other proprietary notices from, or exploit the Materials in any way. You may not place a link to the Website on other sites absent Kimber’s prior express written permission. You further acknowledge and agree that you may not and will not sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein. Additionally, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any other user(s), or any other systems or networks connected to the Website or to any Kimber server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kimber’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Kimber on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Kimber’s express, separate, and prior written permission, or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Kimber. Any rights not expressly granted under these Terms are expressly reserved by Kimber.
2. User Representations, Warranties, and Obligations
The Website is intended to be used by residents of the fifty (50) states of the United States only. By downloading, accessing, or using the Website in order to view our information and Materials or submit information of any kind, you represent and warrant that you meet all applicable legal and regulatory requirements regarding the same, including but not limited to any age requirements imposed by applicable federal, state, or local law. You represent, warrant, and covenant that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a purchase confirmation form. If you provide any false, inaccurate, untrue, or incomplete information, among any other remedies available at law and/or at equity, Kimber reserves the right to immediately terminate your access to and use of the Website and/or any Materials. You agree to abide by all applicable local, state, federal, and international laws and regulations with respect to your use of the Website. In addition, you represent, warrant, and covenant that you are eligible under, satisfy and comply with all legal requirements and applicable laws and regulations (including but not limited to local, state, and federal) regarding your purchase and/or use of any products that you purchase from Kimber through the Website. Without limiting the generality of the foregoing, you agree that you shall comply with any applicable export laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While Kimber has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Kimber to the maximum extent permitted by applicable law is not responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to your use of the Website. The registration and creation of a user name and password may be required for access to certain areas of the Website. You are responsible for maintaining the security of any user name and password in connection with your access to any restricted pages of the Website. You agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another party’s user name and password. You will immediately notify Kimber if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Kimber cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Kimber reserves the right (but does not have an obligation) to delete or change (with notice) a user name or password at any time and for any reason.
3. Proprietary Rights
You acknowledge and agree that the Website’s Materials (including but not limited to data, information, files, graphics, logos, icons, names, etc.), design, code, underlying technology and related items are proprietary to Kimber (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of Materials on the Website by Kimber or any other party on our behalf does not constitute a waiver of any right in such Materials. These Terms do not provide you with any right or interest in our proprietary or intellectual property rights related to the Website or otherwise, and all such rights shall continue to be owned by Kimber (or our licensors, or Vendors if applicable). All rights are expressly reserved. You expressly acknowledge and agree that Kimber transfers no ownership, title, proprietary right, or intellectual property right or interest of any kind to you or anyone else. Except as expressly provided herein, Kimber does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Kimber is a registered trademark of Kimber Mfg., Inc. and/or its licensors, and any use of such mark or other marks, including, without limitation, as domain names, without the express written permission of Kimber is strictly prohibited. The absence herein of any product name, mark, logo, etc. does not constitute a waiver by Kimber of any intellectual property rights that Kimber may own or otherwise possess. Company names other than Kimber mentioned herein, and such other companies’ respective product names, may be trademarks of such respective companies. Kimber’s trademarks and any other intellectual property (whether owned or licensed) may not be used without the express written consent of Kimber. Third party trademarks and intellectual property may not be used without the permission of such respective third party. If you believe that any content or other aspects of the Website infringe upon your rights or the rights of others, you should provide notice to Kimber at the following address: Attn: Legal Department, 555 Taxter Road, Suite 235, Elmsford, NY 10523. We may choose to investigate the matter further. Notwithstanding the foregoing, Kimber shall be under no obligation to investigate and/or reply to any such notice.
4. Links to Other Sites
Kimber may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Kimber and are maintained by third parties over which Kimber has no control. Kimber expressly disclaims, and you hereby acknowledge and agree, that Kimber does not have any responsibility for the policies, procedures, content, materials, accuracy of information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. In addition, the links to these third party sites does not constitute or imply an endorsement of such third parties, such third party sites, or such third parties’ products or services. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.
5. Third Party Products/Services
Kimber, in its sole discretion, may (but is not obligated) post the advertisements of third parties on the Website and/or feature materials, programs, products, and services provided by third parties. Kimber makes no representations or warranties with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Kimber Website are solely between you and such third party. Accordingly, Kimber expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Kimber Website, and you agree that Kimber shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties and their respective products, services, etc. on the Kimber Website. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.
6. Sweepstakes and other Promotions
From time to time, Kimber may conduct promotions on or through the Website, including without limitation, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Rules”), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to comply with the same, to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
8. Other Terms and Conditions
Additional notices, terms, and conditions may apply to the Website, use of the Website, the Materials, and/or to other specific portions or features of the foregoing, all of which are made a part of these Terms by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website. Kimber’s obligations, if any, with respect to its products are governed solely by the applicable documentation governing such products and the terms, conditions, notices, and agreements pursuant to which such products are provided, and nothing in these Terms should be construed to alter such terms, conditions, notices, and agreements.
B. Information Subject to Change; Certain Products Not Available in All States; Sole Remedy
Materials, information and specifications presented are for reference only and subject to change without notice. Certain products may not be available for sale in all states. Your sole remedy regarding use and/or any issues in use of the Website shall be to discontinue use of the Website. The Website may contain errors, omissions or typographical errors. Kimber may correct such errors at any time, and shall not be liable for any such errors. In the event that a price is listed incorrectly due to an inaccuracy, typographical error, or other error in pricing information, Kimber shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for the item(s) listed at the incorrect price.
1. Warranty Regarding Kimber Firearms. The sole and exclusive warranty with respect to a Kimber firearm is as provided in the respective firearm’s Safety & Instruction Manual. A copy of the applicable manual can be obtained by contacting Kimber customer service as provided in this Website.
2. Certain Information Regarding Kimber Firearms.
- (a) BEFORE USING YOUR KIMBER FIREARM, CAREFULLY READ ITS SAFETY & INSTRUCTION MANUAL IN ITS ENTIRETY. UNDERSTAND AND FOLLOW ALL INSTRUCTIONS AND WARNINGS. THE MANUAL SHOULD ALWAYS ACCOMPANY THE FIREARM AND BE TRANSFERRED WITH THE FIREARM UPON CHANGE OF OWNERSHIP, OR WHEN THE FIREARM IS LOANED OR PRESENTED TO ANOTHER PERSON.
- (b) Kimber pistols and rifles are shipped with a California-approved cable lock as a safety measure. Additionally, pistols are shipped in a lockable, high-impact case. Use of the cable lock is encouraged at all times when a firearm is in storage. Kimber owners may request a free cable lock by mail. Include $10 for postage and handling, and mail your order to: Kimber Service, 1120 Saw Mill River Rd., Yonkers, NY 10710. Kimber firearms and Less-Lethal products should only be purchased and used in complete compliance with all laws: federal, state, and local. All suggestions for use on this Website, or in any Kimber communication, must be taken within the context of these laws. Customers and dealers are required to comply with all applicable laws.
- (c) All Kimber 1911 centerfire pistols that are manufactured today now include the Loaded Chamber Indicator Port feature. When a round is in the chamber and light is available, the brass or silver color of the shell casing should be visible through the port in the barrel hood. This feature is another example of Kimber’s commitment to firearm safety. However, one must never assume a firearm is unloaded until both the chamber and magazine are empty and the magazine is removed. Even then, all established rules of firearm safety must always be followed.
- (d) Firearm safety is every gun owner’s responsibility. Use and store all firearms safely. Teach everyone in your home, especially children, proper firearm safety.
- (e) No Order or Purchase of Firearms on this Website. Federal law prohibits the interstate sale of firearms to persons or entities not possessing a valid Federal Firearms License (FFL). Kimber does not sell firearms on or through its Website. Kimber only sells firearms to appropriately licensed independent dealers that maintain a valid Federal Firearms License. These independent licensed dealers then sell their firearms to legally authorized retail purchasers, which sales should be in compliance with all federal, state and local laws and regulations. Any reference to such an independent licensed FFL on this Website does not constitute an endorsement or recommendation of any such independent entity by us. They are not within our control, and we are not responsible in any manner for any of their actions, omissions, policies or procedures. If you have any questions concerning such parties and/or their policies and procedures, you should contact them directly.
The PepperBlaster products may not be purchased by minors or where otherwise prohibited by law. Federal, state or local law may regulate the purchase, possession, and/or use of the PepperBlaster® products. Federal law may prohibit the carrying or transporting of PepperBlaster® products on a passenger aircraft. Federal and/or state law may prohibit the possession of PepperBlaster® products in certain federal and state buildings. The use of PepperBlaster® products for any purpose except lawful self-defense may be a crime punishable with imprisonment, fines or both.
You agree to carefully read and understand the PepperBlaster® instructions and warnings that come with each purchase of a PepperBlaster® product before carrying, storing or using the PepperBlaster® products. You understand that the PepperBlaster® products contain inflammatory agents that may harm children or persons with respiratory disorders. Further, you understand that the PepperBlaster® products contain 10% Oleoscin Capsicum, a strong inflammatory agent derived from cayenne peppers. Avoid contact with skin and eyes, in case of contact with skin and eyes, thoroughly flush with water. Seek immediate medical attention if symptoms persist or worsen.
Always keep the PepperBlaster® products out of the reach of children.
Kimber does not guarantee or warrant the product’s effectiveness as a self-defense device. The PepperBlaster® products may present a risk of eye injury if used at a distance of less than two feet.
Do not expose the PepperBlaster® products to extreme heat or flame. Avoid discharging the PepperBlaster® products near fire, flame or spark as the individual for whom discharge of the PepperBlaster® product is intended may experience serious burns. The PepperBlaster® products should not be used following the expiration period and should be properly disposed.
PEPPERBLASTER MAY NOT BE SOLD TO MINORS UNDER ANY CIRCUMSTANCES. THIS WEBSITE IS NOT TO BE USED FOR ORDERS OF PEPPERBLASTER PRODUCTS TO CALIFORNIA, NEW YORK, MASSACHUSETTS, AND WASHINGTON DC. DO NOT PLACE AN ORDER FOR PEPPERBLASTER products on this site if your bill or ship to address is in one of these jurisdictions.
SOME OTHER STATES WHERE PEPPER SPRAYS MAY BE RESTRICTED OR REGULATED INCLUDE BUT MAY NOT BE LIMITED TO: HAWAII AND MICHIGAN. FEDERAL LAW, INCLUDING BUT NOT LIMITED TO FAA/DHS/TSA REGULATIONS AND CARRIER POLICIES ARE APPLICABLE TO COMMERCIAL AIRLINE TRAVEL. FEDERAL STATUTES AND REGULATIONS ARE ALSO APPLICABLE TO FEDERAL BUILDINGS, POST OFFICES, AND COURTHOUSES.
The above list of states where pepper sprays are restricted is for illustrative purposes only. It is not exhaustive nor is it intended to provide legal advice. Laws and regulations are subject to change. Before purchasing or using any Kimber product, it is the responsibility of the purchaser to determine and comply with all applicable federal, state and local laws in effect at that time.
U.S. Patent 6,951,070B2.
E. Items Ordered online from the “Store” page of the Website: Returns, Changes & Cancellations, Shipping, Customer Service Contact.
1. Return and Exchange Policy for Items Ordered Online Only
Your satisfaction with our products is important to us. Regarding items that you order from us online from the “Store” on the Website only, if such item does not meet your expectations, then, subject to the conditions herein, simply return it to us for a complete refund, less shipping and handling. Merchandise must be returned unused in new condition in its original packaging within thirty (30) calendar days of the order. Prior to making a return, you must contact Kimber’s customer service at (888) 243-4522 in order to obtain a Return Merchandise Authorization (“RMA”) number and other shipping instructions regarding the return of the item. Returned items will not be accepted without a valid RMA Number on the outside of the package. You must also comply with all applicable laws and regulations regarding the shipment of the returned item, as well as any and all applicable policies of the shipping carrier.
2. Changes and Cancellations of Online Orders
If you’d like to cancel or change your online order, please call customer service at (888) 243-4522 or email [email protected] as soon as possible. If your order has not been fulfilled within our system, we will make reasonable efforts to accommodate your request. But please bear in mind that our order fulfillment and shipping systems are designed to get orders on their way quickly and efficiently. Therefore, we cannot change or cancel an order once it has entered the shipping process.
Please note: If you cancel an item that qualified you for a promotion or special deal, you may no longer receive that discount or promotion.
3. Shipping Policy Regarding Items Ordered Online
(a) Ground Shipping and Handling (Standard)
- Ground shipping is available for $9.75 and is valid online for domestic orders only.
- Orders are processed once credit card authorization and verification has been obtained. Orders shipped via ground delivery typically arrive in three (3) to five (5) business days (Monday through Friday, not including holidays for the United States and P.O. boxes in Alaska and Hawaii).
(b) Second Day Shipping and Handling (Two Day)
- Second day shipping is available for $19.50 and is valid online for domestic orders only, and are also subject to further limitations as described below. Orders placed with second day delivery Monday through Friday (excluding holidays) before 3:00 p.m. ET / 12:00 p.m. PT will arrive within 2 business days, pending credit card authorization and verification.
- Orders placed with second day delivery Monday through Friday after 3:00 p.m. ET / 12:00 p.m. PT, or on weekends and holidays, will arrive within 3 business days.
- Second day delivery to rural routes and remote locations typically arrive within 3 to 4 business days.
- Second day delivery is not available for Alaska and Hawaii.
(c) “Signature Required” Shipping Options.
- An adult signature is required for shipment of PepperBlaster® and certain other products. The additional charge per shipment is $4.50.
(d) Shipping Carriers.
- We determine the shipping carrier for your order. The carriers that may be used, subject to applicable law and the respective requirements of the respective carrier are: U.S. Postal Service (“USPS”), United Parcel Service (“UPS”) or Federal Express (“FedEx”).
(e) International Shipping Options & Charges.
- Unfortunately, we cannot accept online orders for shipment to international locations..
(f) General Shipping Estimates and Notices.
- Please note that shipping prices, times/windows above are estimates, and pricing and delivery dates and times cannot be and are not guaranteed.
- When a single order results in multiple shipments, the shipping and handling charge only applies to the first package shipped. There are no additional shipping and handling charges for subsequent shipments for the same order.
(f) General Shipping Estimates and Notices.
- For customer service, warranty, and parts requests, please contact Kimber Customer Service at:
(888) 243-4522 or email [email protected]
The applicable physical address and only authorized repair location for Kimber is:
Kimber Mfg., Inc.
1120 Saw Mill River Rd.
Yonkers, NY 10710
The information on the Website is provided by Kimber for informational purposes only. WHILE KIMBER ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, AND MATERIALS, THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THE KIMBER WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. KIMBER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS REFERENCED WITHIN OR AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. NOTWITHSTANDING THE FOREGOING, KIMBER IS UNDER NO OBLIGATION TO MAKE ANY CHANGES TO OR MAINTAIN THE WEBSITE. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THE WEBSITE. KIMBER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. KIMBER ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE KIMBER WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM SOLD ON THIS WEBSITE.
10. Limitation of Liability
IN NO EVENT SHALL KIMBER OR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR OTHER AGENTS AND RESPECTIVE SUCCESSORS AND ASSIGNS, HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR PRINCIPAL, REPRESENTATIVES, OR AGENTS, FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGES, OR HARM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION, OR OTHERWISE, EVEN IF KIMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF KIMBER FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KIMBER IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS ARE REASONABLE, AND THAT KIMBER IS PROVIDING ACCESS TO THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS.
You agree to defend, indemnify, and hold harmless Kimber and affiliates, licensors, partners, managers, shareholders, directors, officers, employees, attorneys or other agents, and respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
12. Governing Law
These Terms have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A., excluding its conflicts of laws principles. Applicable law shall be applied as to agreements entered into and completely performed in the State of New York. You and Kimber each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the federal and state courts located in the State of New York for any disputes between us under or arising out of these Terms. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Kimber must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. The Website is controlled and operated by Kimber from its offices within the United States. Kimber makes no representation that the Website is appropriate or available for use in other locations. Access to the Website from any location where any aspect of the Website is not permitted is strictly prohibited. You access the Website on your own volition and at your own risk, and are responsible for compliance with the Terms and all applicable laws and regulations. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Kimber reserves the right, for any reason, and at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website.
14. Date Effective; Termination
These Terms and your right to use the Website will take effect at the earlier of the moment of any of the following: you click “I ACCEPT”, check a box indicating that you agree, you access, or you use the Website, and is effective until terminated as set forth below. These Terms and your right to use or access the Website or any portion thereof will terminate automatically if you advise Kimber in any way that you do not accept the Terms. For avoidance of doubt, you will not be able to place any order on this Website without accepting the Terms. In addition, Kimber reserves the right at any time and for any reason, including without limitation any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to terminate or deny your access to the Website or to any portion thereof. Your right to access or use the Website or any portion thereof will also terminate automatically if you fail to comply with these Terms, provided, that certain provisions of these Terms shall survive as identified below. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to access or use the Website, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any Materials or any other aspect of the Website in your possession. The following provisions will survive the termination of these Terms for any reason: 3, 4, 5, 6, 7, 8(A), 8(B), 8(C)(1), 8(C)(2)(a), 8(C)(2)(e), 8(D), 8(E), 9, 10, 11, 12, 13, 14, and 15.
© 2014 Kimber Mfg., Inc., and/or its licensors. All Rights Reserved.