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Kensar Equipment Company Terms of Use Statement
1. Services and Conditions of Use
Welcome to Kensar Equipment Company online Service.
As part of our service, Kensar Equipment Company agrees
to provide you with quality photographs, articles, resources
and other computer services that Kensar Equipment Company
may decide to offer, subject to the terms of this Agreement.
Upon notice published through the Service, Kensar Equipment
Company may modify this Agreement at any time. You agree
and continue to agree to use Kensar Equipment Company
Services in a manner consistent with all applicable
laws and regulations and in accordance with the terms
and conditions set out in the policies and guidelines
outlined below. Please note that you will be referred
to as "Customer" from time to time in this
Agreement.
2. Software Libraries and Copyrighted Materials
The downloading of copyrighted material is not allowed
by Customers. Customers may not copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise
transfer any copyrighted material. The burden of determining
that any information, software or any other content
on the Service is not protected by copyright rests with
the Customer. Customer acknowledges that Kensar Equipment
Company and/or third-party content providers remain
the owners of the posted materials, and that Customer
can not acquire any of those ownership rights by downloading
copyrighted materials. Downloading of said copyrighted
materials and files, including photographs, resources,
text, graphics, is strictly forbidden and will result
in immediate termination of Customer's account at Kensar
Equipment Company.
3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT CUSTOMER'S OWN RISK. KENSAR EQUIPMENT COMPANY SERVICES
ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE KENSAR
EQUIPMENT COMPANY SOFTWARE LICENSED TO THE CUSTOMER
AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY,
KENSAR EQUIPMENT COMPANY DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT KENSAR EQUIPMENT COMPANY IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER KENSAR EQUIPMENT COMPANY NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SERVICE.
4. Trademarks
Kensar Equipment Company is a trademark of Kensar Equipment
Company. All other trademarks appearing on the Service
are trademarks of their respective owners.
5. Notice
Kensar Equipment Company may give notice to Customers
by means of a general notice on the Service, electronic
mail to Customer's e-mail address on record in Kensar
Equipment Company account information, or by written
communication sent by first class mail to a Customer's
address on record in Kensar Equipment Company account
information. You may give notice to Kensar Equipment
Company (such notice shall be deemed given when received
by Kensar Equipment Company at any time by any of
the following:
Electronic mail to sales@kensar.com;
Letter telecopied to Kensar Equipment Company at
the following fax number: 317-787-3434;
Letter delivered by first class postage prepaid
mail or courier to Kensar Equipment Company at the
following address:
Kensar Equipment Company
2415 W. Thompson Rd.
Indianapolis, IN 46217 (USA)
6. Indemnification
Customer agrees to indemnify and hold Kensar Equipment
Company harmless from any dispute which may arise from
a breach of terms of this Agreement. Customer agrees
to hold Kensar Equipment Company harmless from any claims
and expenses, including reasonable attorney's fees and
court costs, related to Customer's violation of this
Agreement, including the Rules of Conduct or any information,
software or other content placed on the Service by Customer.
7. Termination Of Service
User may terminate this Agreement and User's right to
use the Service by sending a cancellation email to sales@kensar.com.
Kensar Equipment Company may terminate your account
or access rights to this Service at any time, without
notice, for conduct that Kensar Equipment Company believes
violates this Agreement or other policies or guidelines
that Kensar Equipment Company has posted on a Kensar
Equipment Company service. Kensar Equipment Company
may terminate your account or access rights to this
Service for online conduct that Kensar Equipment Company
believes is harmful to other Customers, to Kensar Equipment
Company business, or to other information providers.
8. Choice Of Law
This Agreement shall be construed and controlled by
the laws of the State of Indiana. Further, any dispute
arising from the terms of this agreement or a breach
of this Agreement will be governed by the laws of the
State of Indiana. Customer agrees to personal jurisdiction
by the state and federal courts sitting in the State
of Indiana.
9. Merger Clause
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or
oral between Kensar Equipment Company representatives
and Customer. Kensar Equipment Company may amend or
modify this Agreement or impose new conditions at any
time upon notice from Kensar Equipment Company to Customer
as published through the Service. Any use of the Service
by Customer after such notice shall be deemed to constitute
acceptance by Customer of such amendments, modifications
or new conditions.
See Our Equipment at Kensar Equipment Company:
- Our Used
Equipment
- Our Rental
Equipment and Rates
- Full List of Current Inventory
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