Terms and Conditions for KBT America LLC & kbtamerica.com Products INTRODUCTION Welcome to kbtamerica.com. We are also known as KBT America LLC (collectively hereinafter referred to as kbtamerica.com”), solely for the purpose of providing information about kbtamerica.com and its affiliated entities and the products they offer. ACCEPTANCE OF TERMS AND CONDITIONS OF USE Except as otherwise set forth herein or agreed to between you and kbtamerica.com, these terms and conditions (“Terms and Conditions”) govern your use of the kbtamerica.com. website, (the “Site”) and any products purchased from kbtamerica.com using the Site (the “Products”). By accessing and using the Site, you acknowledge that you have read and unconditionally agree to follow and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site. REVISIONS TO TERMS AND CONDITIONS Please refer to these Terms and Conditions regularly. kbtamerica.com reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following posting of changes to these Terms and Conditions signifies that you agree to be bound by such modifications, amendments, alterations or updates. USE OF SITE This Site is intended for use by individuals 13 years of age or older. The Site is not for users under the age of 13. Users under the age of 13 must have the assistance and permission of a parent or guardian to use the Site. All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of kbtamerica.com, its affiliates or content providers of kbtamerica.com and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of kbtamerica.com. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative of kbtamerica.com. kbtamerica.com claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship, or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners.
Images of people or places displayed on the Site are either the property of, or used with permission by, kbtamerica.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. kbtamerica.com may, from time to time, provide links to other outside websites not associated with kbtamerica.com. kbtamerica.com has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. kbtamerica.com provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, kbtamerica.com cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site. THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE kbtamerica.com DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH CONTENT AND INFORMATION. Kbtamerica.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION. SITE SECURITY You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. kbtamerica.com will use commercially reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from kbtamerica.com on the Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox). Any passwords used for this site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person.
You will be responsible for the security of any password. kbtamerica.com may, in its sole discretion, monitor the use of any password and may require you to change your password at any time. USER SUBMITTED CONTENT Except as otherwise provided elsewhere in these Term and Conditions or on the Site, anything that you submit or post to the Site and/or provide kbtamerica.com, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non proprietary, and kbtamerica.com and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of kbtamerica.com and shall not be returned to you. In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant kbtamerica.com and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by kbtamerica.com will not infringe upon or violate the rights, including intellectual property rights, of any third party. You shall not use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead kbtamerica.com or third parties as to the origin of any Submissions. You agree to post content that is not illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or objectionable and political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” kbtamerica.com may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers). Although kbtamerica.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, kbtamerica.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. kbtamerica.com will fully cooperate with any law enforcement authorities or court order requesting or directing kbtamerica.comto disclose the identity of anyone posting any such information or materials. COLORS & PRODUCT PERFORMANCE
kbtamerica.com does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of the product. Some products sold may need specialist installation or may affect your vehicles performance. By accepting purchase of such products from kbtamerica.com you agree that you will seek technical advice about their application or use and you will not make claims against kbtamerica.com if such advice is not sought and that advice accepted, used and applied before the product is used. PAYMENT AND ORDER ACCEPTANCE Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that kbtamerica.com may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. kbtamerica.com reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. kbtamerica.com reserves the right, in its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped or picked up in store. kbtamerica.com may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to kbtamerica.com for any reason, kbtamerica.com reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products, and kbtamerica.com has no liability for any overdraft or other fees that you may incur as a result of kbtamerica.com processing your payment. kbtamerica.com will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, kbtamerica.com will issue a credit to your credit card in the amount of the charge. PRODUCT AND SITE CONTENT DISCLAIMER Proper service and repair procedures are vital to the safe, reliable operation of all motor vehicles as well as the personal safety of those performing the repairs and are not the responsibility of kbtamerica.com. Standard safety procedures and precautions (including the use of safety goggles and proper tools and equipment and exact compliance with the instructions included with products) are strongly recommended at all times to limit the possibility of personal injury or death or improper service which could damage the vehicle or compromise its safety.
THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” kbtamerica.com AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYERTEXT LINKS TO OTHER OUTSIDE WEBSITES. kbtamerica.com AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MOREOVER, kbtamerica.com DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERMS AND CONDITIONS DISCLAIMER Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and no liability is assumed by kbtamerica.com for loss or damage resulting from reliance on these Terms and Conditions. kbtamerica.com reserves the right to change these Terms and Conditions at any time without notice. LIMITATION OF LIABILITY kbtamerica.com AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION, OR FUNCTIONS ON SUCH SITE, EVEN IF kbtamerica.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL kbtamerica.com AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING THE PRODUCTS. RETURNS, REFUNDS, EXCHANGES, AND WARRANTIES Please visit separate returns policy our return, refund, exchange, and warranty policies. NOTIFICATION OF COPYRIGHT INFRINGEMENT kbtamerica.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Copyright service@ kbtamerica.com with the following written information: •
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit kbtamerica.com to locate the material. Information reasonably sufficient to permit kbtamerica.com to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EXTERNAL SITES This site may contain links to other sites that are owned and operated by third party vendors and others. You acknowledge that kbtamerica.com is not responsible for the availability, content, text, graphics, information, or any actions or damages from any external site. You must contact the site administrator for those sites if you have any concerns regarding those links. ARBITRATION In the event any controversy arises between the parties under this Agreement, the parties agree to submit the dispute to binding arbitration in Broward County, Florida or in Washington, DC, according to the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The parties shall select a single arbitrator to hear the dispute, from the panel of neutrals offered by JAMS in Washington, DC. If the parties cannot agree on a single arbitrator, they will each pick a neutral from the JAMS list of neutrals in Washington, DC, and those two neutrals will choose an arbitrator to arbitrate the matter. The arbitrator shall have no authority to award punitive damages. Notwithstanding anything in the Rules to the contrary: (i) the expenses of the arbitration will be borne equally by the parties, provided that each party will pay for and bear the cost of its own experts, evidence, and counsel’s fees, except that the arbitrator may, in his discretion, award reasonable attorneys’ fees and expenses to the prevailing party; and (ii) the arbitrator’s award will be in the form of an answer to the issues involved in the arbitration and will not include findings of fact, conclusions of law, or a reasoned opinion; in an effort to control the costs of arbitration, the the arbitrator will limit the answer to the issues to no more than one page. Arbitration shall take place in Broward County, Florida, or in Washington, DC, the specific location to be determined by the arbitrator. Nothing in this section shall be construed to bar or otherwise interfere with kbtamerica.com right to injunctive and/or other equitable relief as specified herein or as may be permitted under applicable law. For the purposes of this right to seek injunctive relief, the parties agree that the proper venue for such an action is the United States District Court in the Southern District of Floridaa or the state courts of Broward County, Florida.
TERMINATION OF ACCESS In addition to any other legal or equitable remedies for misuse, kbtamerica.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and kbtamerica.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. ENTIRE AGREEMENT These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. SEVERABILITY If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. SURVIVAL Any provision of these Terms and Conditions that, by its nature, is applicable to circumstances arising after the termination of these Terms and Conditions will survive such termination and remain in full force and effect, and no termination of these Terms and Conditions will relieve either party from any liability arising out of any breach of these Terms and Conditions occurring prior to said termination. INDEMNIFICATION You agree to defend, indemnify, and hold harmless kbtamerica.com and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation, attorneys’ fees, arising from or related to your use of the Site or the Products. REMEDIES The remedy of kbtamerica.com at law for any actual or threatened breach of these Terms and Conditions would be inadequate and kbtamerica.com will be entitled to specific performance or injunctive relief, or both, in addition to any damages that kbtamerica.com is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of kbtamerica.com shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees, and expenses. No waiver by kbtamerica.com of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver. APPLICABLE LAW By visiting the Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and kbtamerica.com
CONTACT US For further information or to contact us with questions, concerns, or comments, you may email us at firstname.lastname@example.org. Although kbtamerica.com will, in most circumstances, be able to receive your email or other information provided through the Site, kbtamerica.com does not guarantee that it will receive all such email or other information timely and accurately. kbtamerica.com shall not be legally obligated to read, act on, or respond to any such email or other information. Last Updated: March 2011
KBT America LLC 8403 NW 70th Street Miami, FL 33166 Tele +1 855 252 7872 Fax +1 (305)591 3045