ATTENTION:  Please read these Terms of Use (hereinafter referred to as the “Terms") carefully before using the KWC Inc. website (the “Website”, and/or the "Service(s)") operated by Kimber White communications, LLC. (hereinafter, “KWC” or "us", 'we", or "our"). KWC reserves the right to change these Terms from time to time at its sole discretion. These Terms contain a binding arbitration clause.

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CONDITIONS OF USE: By using the Website, you certify that you have read, reviewed, and agreed to comply with these Terms. If you do not want to be bound by the Terms, you are advised to leave the Website accordingly. KWC only grants use and access of this Website and its Services to those who have accepted its Terms.

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PRIVACY POLICY: Before you continue using our Website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

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AGE RESTRICTION: You must be at least 18 (eighteen) years of age before you can use this Website. By using this Website, you warrant that you are at least 18 years of age and that you may legally adhere to these Terms. KWC assumes no responsibility for liabilities related to age misrepresentation.

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INTELLECTUAL PROPERTY: You agree that all materials, products, and services provided on this Website are the property of KWC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute KWC’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant KWC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

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USER ACCOUNTS: As a user of this Website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the Website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

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APPLICABLE LAW: By visiting this Website, you agree that the laws of the state of Delaware, without regard to principles of conflict laws, will govern these Terms and conditions, or any dispute of any sort that might come between KWC and you, or its business partners and associates.

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DISPUTES: You acknowledge and agree that any dispute arising directly or indirectly out of your use of this Website shall be governed by the laws of the State of Delaware, USA, without regard to choice-of-law provision.  You agree that the state or federal courts located in Dover, Delaware, USA shall have exclusive jurisdiction and venue over any action arising out of your use of the KWC Website. You specifically agree that any and all resulting claims and/or counterclaims arising out of your use of this Website shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA), in front of a single arbitrator and that the location of such arbitration shall be Dover, Delaware, US. Each Party hereto waives any claims of forum non conveniens.  The language of the arbitration shall be English.

 

LINKS TO THIRD-PARTY SITES:  This Website may contain links to third-party sites. Access to any other Internet site linked to this Website is at the user’s own risk and KWC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. KWC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

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CONTENT & LIABILITY DISCLAIMER: KWC shall not be responsible for any errors or omissions contained on the Website. KWC may change the programs or products mentioned at any time without notice. Mention of non-KWC Services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by KWC. All KWC and third-party information provided on the Website is provided on an “as is” basis.

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KWC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY KWC WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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IN NO EVENT SHALL KWC BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KWC SHALL NOT BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY KWC WEBSITE, ANY KWC PRODUCT OR SERVICE, EVEN IF KWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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INDEMNIFICATION: To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify KWC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “KWC Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

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ADDITIONAL TERMS:  Your use of the Website is subject to all additional terms, policies, rules or guidelines applicable to the Website or certain features of the Website that we may post or link to from the Website (“Additional Terms”).  All Additional Terms are incorporated by this reference into, and made part of, these Terms.

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NO SUPPORT:  KWC is under no obligation to provide support for the Website.  In instances where we may offer support, the support will be subject to published policies.

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ENTIRE AGREEMENT:  These Terms of Use are the entire agreement between you and KWC in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement.  If any part of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.  KWC’s failure to insist on or enforce strict performance of these Terms shall not constitute a waiver of any breach or any future breaches thereof.

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Last Updated:  August 1, 2024

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