Introduction and Acceptance
Welcome to the websites of "K" Line Logistics (USA) Inc. (KLL USA).
These Terms of Use apply to our website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY KLL USA WEBSITE. BY ACCESSING AND/OR USING ANY KLL USA WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE ANY KLL USA WEBSITE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the KLL USAWebsite and the materials and information available on the same. In addition to these Terms of Use, KLL USA has established a Privacy Policy to explain how user information is collected and used by KLL USA. A copy of this Privacy Policy can be found here: http://www.us.klinelogistics.com/privacy/ and is incorporated by reference into these Terms of Use. By accessing or using our Website, you are signifying your acknowledgement and agreement to KLL USA's Privacy Policy.
Intellectual Property
The KLL USA Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Websites are owned by us, our licensors, or both. Except as explicitly permitted under this agreement you shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
KLL USA Website Access and Use
When accessing our Websites, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on any KLL USAWebsite or Website Content;- circumvent, disable or otherwise interfere with security-related features of our Websites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;- use an automatic device (such as a robot or spider) or manual process to copy or "scrape" our Websites or Website Content for any purpose without the express written permission of KLL USA. Notwithstanding the foregoing, KLL USA grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. KLL USA reserves the right to revoke this permission (generally or specifically) at any time;- collect or harvest any personally identifiable information from our Websites including, without limitation, user names, passwords, email addresses;- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;- attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;- decompile, reverse engineer, or disassemble any portion of any our Websites;- use network-monitoring software to determine architecture of or extract usage data from any of our Websites;- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;- violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or- engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.You agree to cooperate fully with KLL USA to investigate any suspected or actual activity that is in breach of these Terms of Use.
Website Content & Third Party Links
- In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Websites by anyone other than authorized employees or spokespersons while acting in their official capacities.- If there is a dispute between persons accessing our Website or between persons accessing our Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release KLL USA and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.- Our Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Indemnification
You agree to indemnify and hold harmless KLL USA and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with:
(i) your access to or use of our Website; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Disclaimers
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITESAND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, KLL USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE KLL USA WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation on Liability
- UNDER NO CIRCUMSTANCES SHALL KLL USA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KLL USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITE.- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF KLL USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY KLL USA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.- In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Termination
We reserve the right in our sole discretion and at any time to block your access to our Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that KLL USA shall not be liable to you or any third party for blocking your access to our Website.
Copyright Policy
KLL USA respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, KLL USA may block access of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, KLL USA may remove or disable access to material on its websites or hosted on its systems that may be infringing or the subject of infringing activity.
Choice of Law
These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any action arising out of your use of the Website or these Terms and Conditions shall be brought in any state or federal court located in New York.
Amendment; Additional Terms
- We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Websites generally, unique parts of our Websites, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.- Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice either by posting on our Website. It is your responsibility to review the Terms of Use and our Websites from time to time for any changes or Additional Terms. Your access and use of any our Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms your only recourse is to immediately discontinue use of our Website.
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