THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE (THE "SITE"), WHICH IS PROVIDED BY KRAMER AMERICA, INC. (“KRAMER AMERICA”). BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE SITE AND THE SERVICES. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY KRAMER AMERICA AT ANY TIME IN ITS DISCRETION. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site. When accessing or using the Site, you are subject to those additional terms and conditions where they apply. All such additional terms and conditions are hereby incorporated by reference into the Terms and Conditions.
RESTRICTIONS ON USE
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without KRAMER AMERICA’S express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of KRAMER AMERICA. For purposes of these Terms and Conditions, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with KRAMER AMERICA in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Publicly available search engines, automated website “scrapers” and similar Internet navigation tools are not permitted to query or search information protected by a security verification system which limits access to human users. KRAMER AMERICA reserves the right to restrict automated queries further, for example, by correspondence to parties making queries, implementation of access restrictions by IP Address, or by use of a robots.txt access control file.
Before making a purchase, you will be asked to open a user account by filling in the applicable registration forms. When filling in the registration forms, you will provide current, complete and accurate information. If the information you entered when opening a user account changes after you have created the account, you will promptly update the information you provided in the registration form. In the event that KRAMER AMERICA suspects that the information you entered is false, inaccurate, not current, or incomplete, KRAMER AMERICA may suspend or terminate your access to the Site and/or seek corrected information from you.
User rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered user without the express written permission of KRAMER AMERICA. KRAMER AMERICA requires that each registered user maintain a valid username and a password, which shall be utilized for logging in to your account. You are not permitted to share your individual logon information with others. You are responsible for the activities that occur under your account, login, or password. KRAMER AMERICA is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information, or password and/or failure to comply with these Terms and Conditions. KRAMER AMERICA has the right to refuse service to any user, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms and Conditions or abuses its rights related to the Site.
If any unauthorized use of your password or account or any other breach in security that is known or suspected by you occurs, you will notify KRAMER AMERICA immediately. After receiving such notification, KRAMER AMERICA may suspend or terminate your access to the Site and/or your account.
KRAMER AMERICA receives and stores any information you enter on the Site or give to us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our Site, and communicating with you.
KRAMER AMERICA works closely with third-parties and affiliated businesses to perform business functions on our behalf. KRAMER AMERICA shares customer information related to those transactions with those third parties.
You expressly agree that KRAMER AMERICA may provide your personal information to third parties without restriction, including but not limited to providing your personal information to third parties to contact you regarding potential unsolicited product offerings. KRAMER AMERICA will provide you with an option to opt-out of all unsolicited product offering communications.
KRAMER AMERICA attempts to provide information about the products listed on the Site as accurately as possible. However, KRAMER AMERICA does not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. If KRAMER AMERICA determines that a product is mispriced or not as described, KRAMER AMERICA may, in its sole discretion, authorize a refund upon return of the product in unused condition. If you become aware of any pricing or descriptive errors or inconsistencies with any products, you agree to notify KRAMER AMERICA. When you place an order through the Site, you agree that KRAMER AMERICA may, in its sole discretion, nullify or rescind the sale of a mispriced or inaccurately described product.
PRODUCT PRICING AND AVAILABILITY
Pricing and availability of products are subject to change. KRAMER AMERICA does not guarantee that a product will be available past the time at which availability is shown and does not guarantee that a specific price of a product will remain the same after the time at which it is quoted.
You are responsible for paying all fees and applicable taxes associated with your product purchases. If your payment method fails, or your account is past due, KRAMER AMERICA may collect fees owed using other collection mechanisms. Any dispute over the payment of fees will be resolved pursuant to the choice of law and venue listed below.
RISK OF LOSS
All items purchased from KRAMER AMERICA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
KRAMER AMERICA does not take title to returned items until the item arrives at our offices. At our discretion, a refund may be issued without requiring a return. In this situation, KRAMER AMERICA does not take title to the refunded item.
USE OF INFORMATION
You agree to treat all information obtained on the Site, as proprietary to KRAMER AMERICA. KRAMER AMERICA does not ensure the accuracy of, endorse, or recommend any content provided to you via the Site, and you use such content at your own risk.
You shall not use any robot, spider, or other automated process to monitor, data mine, or copy KRAMER AMERICA'S products, services, or information; or use KRAMER AMERICA'S products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
LIMITED LICENSE TO USE THE SITE
KRAMER AMERICA'S retains all rights (including Intellectual Property Rights as defined below), title and interest in the Site. You shall use the Site solely for your own use and shall not allow others to use the Site under or through your user account and password.
Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress; (c) rights relating to the protection of trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property.
You hereby grant to KRAMER AMERICA a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KRAMER AMERICA through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KRAMER AMERICA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of KRAMER AMERICA.
KRAMER AMERICA reserves the right to monitor use of the Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submission. You acknowledge and agree that neither KRAMER AMERICA nor any third party that provides Content to KRAMER AMERICA will assume or have any liability for any action or inaction by KRAMER AMERICA, or such third party with respect to any Submission.
LINKS TO THIRD PARTY SITES
This site may be hyper-linked to other sites that are not maintained by, or related to, KRAMER AMERICA. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or KRAMER AMERICA. KRAMER AMERICA has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and KRAMER AMERICA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by KRAMER AMERICA of that site. KRAMER AMERICA shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
Trademarks, service marks, and logos appearing in the Site are the property of KRAMER AMERICA or the party that provided the trademarks, service marks, and logos to KRAMER AMERICA. KRAMER AMERICA and any party that provided trademarks, service marks, and logos to KRAMER AMERICA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on the Site.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KRAMER AMERICA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
KRAMER AMERICA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KRAMER AMERICA to disclose the identity of anyone in violation of these Terms and Conditions.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KRAMER AMERICA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KRAMER AMERICA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KRAMER AMERICA OR LAW ENFORCEMENT AUTHORITIES.
LIMITED WARRANTY AND WARRANTY DISCLAIMERS
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY KRAMER AMERICA "AS IS" WITHOUT WARRANTY OF ANY KIND UNLESS OTHERWISE SPECIFIED IN WRITING. KRAMER AMERICA MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KRAMER AMERICA SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. KRAMER AMERICA MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE IS ACCESSED AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO THE USER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KRAMER AMERICA OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNIFICATION
KRAMER AMERICA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INACCURACIES, ERRORS OR OMISSIONS IN THE PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE, OR YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL) EVEN IF KRAMER AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHANGES TO THE SITE
KRAMER AMERICA reserves the right to modify, suspend or discontinue all or any portion of the Site at any time, without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms and Conditions.
KRAMER AMERICA reserves the right to terminate any user’s account at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of KRAMER AMERICA services, nonpayment of fees owed by you in connection with the Site, account inactivity, or technical or security issues. Upon termination, KRAMER AMERICA shall have no obligation to maintain or forward any content in your account.
INFORMATION AND PRESS RELEASES
The Site contains information and press releases about KRAMER AMERICA. While this information was believed to be accurate as of the date prepared, KRAMER AMERICA disclaims any duty or obligation to update this information or any press releases. Information and news articles not drafted by KRAMER AMERICA and information about companies or individuals other than KRAMER AMERICA contained in the press releases or otherwise should not be relied upon as being provided or endorsed by KRAMER AMERICA.
COMPLIANCE WITH THE APPLICABLE LAW
You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.
You send electronic communications to KRAMER AMERICA when you visit the Site or send e-mails to KRAMER AMERICA. You agree to receive electronic communications from KRAMER AMERICA. KRAMER AMERICA will communicate with you electronically, including by e-mail or by posting notices on the Site. You agree that all communications that KRAMER AMERICA provides to you electronically satisfy any legal or other requirement that such communications be in writing.
You hereby acknowledge and grant KRAMER AMERICA the permission to communicate with you via email (as well as other communication channel such as phone and fax) for mandatory communications concerning user account creation and changes to your account. Under no circumstances will KRAMER AMERICA have any liability for sending any email to its registered users/customers.
CLAIMS OF COPYRIGHT INFRINGEMENT
KRAMER AMERICA respects the intellectual property rights of others, and asks that everyone using the Site do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify KRAMER AMERICA'S copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site so we can locate it;
Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
KRAMER AMERICA, INC.
3763 Mercy Star Court
Orlando, FL 32808
Attention: Copyright Agent
By e-mail: firstname.lastname@example.org
If you give notice of copyright infringement by text e-mail, KRAMER AMERICA'S copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This Agreement, and the Service provided by KRAMER AMERICA, shall be governed by the laws of the State of Florida, without reference to any jurisdiction’s conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of KRAMER AMERICA, which retains the right to withhold consent in its sole discretion.
WAIVER AND SEVERABILITY
The failure of KRAMER AMERICA to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.
All notices to KRAMER AMERICA must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Customer Service Department at KRAMER AMERICA.
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: October,26th, 2011