Terms and Conditions
Terms
and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Kinetic Concealment. The collective work includes works that are
licensed to Kinetic Concealment. Copyright 2003, Kinetic Concealment
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Kinetic Concealment or purchasing Kinetic Concealment
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download
or print portions of the material from the different areas of the
site solely for your own non-commercial use, or to place an order
with Kinetic Concealment or to purchase Kinetic Concealment products.
Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by Kinetic Concealment. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Kinetic Concealment used
in the site are trademarks or registered trademarks of Kinetic
Concealment
Warranty
Disclaimer
Kinetic
Concealment products are warrantied as followed. We warranty the
neoprene on our holsters for one calendar year from purchase date. We
warranty the Kydex shell, hardware, and leather backing for the
lifetime of the holster. If you experience problems with the holster,
please contact us or see our return policy instructions on this
website for details.
Limitation
of Liability
Kinetic
Concealment shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
Kinetic Concealment has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical
Errors
In
the event that a Kinetic Concealment product is mistakenly listed at
an incorrect price, Kinetic Concealment reserves the right to refuse
or cancel any orders placed for product listed at the incorrect
price. Kinetic Concealment reserves the right to refuse or cancel any
such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, Kinetic Concealment shall
issue a credit to your credit card account in the amount of the
incorrect price.
Term;
Termination
These
terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by
Kinetic Concealment without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Kinetic
Concealment may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you
have provided to Kinetic Concealment.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of
or relating to this site (including but not limited to the purchase
of Kinetic Concealment products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action
or claim you may have with respect to the site (including but not
limited to the purchase of Kinetic Concealment products) must be
commenced within one (1) year after the claim or cause of action
arises. Kinetic Concealment's failure to insist upon or enforce
strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any of these terms and conditions. Kinetic Concealment
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use
of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Kinetic Concealment or other
licensed employee, host, or representative, as well as other members
or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate
any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other
commercial online service or other organization.
Participation
Disclaimer
Kinetic
Concealment does not and cannot review all communications and
materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, Kinetic
Concealment is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Kinetic
Concealment reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Kinetic
Concealment in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Kinetic Concealment,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party
Links
In
an attempt to provide increased value to our visitors, Kinetic
Concealment may link to sites operated by third parties. However,
even if the third party is affiliated with Kinetic Concealment,
Kinetic Concealment has no control over these linked sites, all of
which have separate privacy and data collection practices,
independent of Kinetic Concealment. These linked sites are only for
your convenience and therefore you access them at your own risk.
Nonetheless, Kinetic Concealment seeks to protect the integrity of
its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).