PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, [https://kennedyvinyl.com/]. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Kennedy Vinyl] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Kennedy Vinyl] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Kennedy Vinyl] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Kennedy Vinyl] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
This Website offers certain Products/Services. By placing an enquiry for Products/service through this Website, you agree to the terms set forth in this Agreement.
Unless you notify our call center reps or direct [Kennedy Vinyl] sales reps, service executives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [Kennedy Vinyl] and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
[Kennedy Vinyl] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Kennedy Vinyl]. [Kennedy Vinyl] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
This Website also offers information and marketing materials along with information, both directly and through indirect links to third-party websites. [Kennedy Vinyl] does not always create the information offered on this Website; instead the information is often gathered from other sources. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [Kennedy Vinyl] does not endorse the contents on any such third-party websites. [Kennedy Vinyl] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
[Kennedy Vinyl] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Kennedy Vinyl] or the applicable third party (if third party content is at issue).
By posting, storing, or transmitting any content on the Website, you hereby grant [Kennedy Vinyl] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [Kennedy Vinyl] does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. [Kennedy Vinyl] is not liable for any damage or harm resulting from any posts by or interactions between users. [Kennedy Vinyl] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content.
Your use of this website and/or products is at your sole risk. The website and products are offered on an "as is" and "as available" basis. Without limiting the generality of the foregoing, [Kennedy Vinyl] makes no warranty:
You will release, indemnify, defend and hold harmless [Kennedy Vinyl] and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Kennedy Vinyl]. When [Kennedy Vinyl] is threatened with suit or sued by a third party, [Kennedy Vinyl] may seek written assurances from you concerning your promise to indemnify [Kennedy Vinyl]; your failure to provide such assurances may be considered by [Kennedy Vinyl] to be a material breach of this Agreement. [Kennedy Vinyl] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Kennedy Vinyl] choice at its expense. [Kennedy Vinyl] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Kennedy Vinyl] against any claim, but you must receive [Kennedy Vinyl] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
[Kennedy Vinyl] will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
[Kennedy Vinyl] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
This Agreement comprises the entire agreement between you and [Kennedy Vinyl] and supersedes any prior agreements pertaining to the subject matter contained herein.
The failure of [Kennedy Vinyl] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Website originates from the [Chennai, Tamil Nadu]. This Agreement will be governed by the laws of the State of [Tamil Nadu] without regard to its conflict of law principles to the contrary. Neither you nor [Kennedy Vinyl] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Tamil Nadu]. By using this Website or enquiring about Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
[Kennedy Vinyl] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Kennedy Vinyl] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Kennedy Vinyl] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Kennedy Vinyl] chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.