I apologize for the following long winded crap. Personally I sneer at this kind of formality but I have been advised to put this here anyway because there are some circumstances that arise that are totally unforeseeable. Please try to refrain from giggling and proceed in a serious manner ... Chris Kinman.
Welcome to the KINMAN website located at www.kinman.com and the related hyperlinked web pages (collectively, this "Website"). This page states the terms and conditions u nder which you are authorized to use this Web Site. Please read this page carefully. By using this Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Website ahHHhaaa as if.
We reserve the right, at any time, to modify these Website Terms and Conditions, and by using this Website you agree to be bound by these modifications. Therefore, you should periodically visit this page to review our most current practices. We will also place notice of any such modifications in the "What's New" section of this Website.
Please note that other Websites and web pages linked to this Website may be governed by separate terms and conditions. Please refer to the applicable terms and conditions of those Websites and web pages when visiting them.
Kinman authorizes you to view this Website and to download or print portions of the materials on this Website, including text, graphics, images and other content (collectively, the "Website Materials"), solely for your personal, non-commercial use.
Unauthorized use of this Website or the Website Materials may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Website Materials on any copy you make of the Website Materials. Unless otherwise expressly set forth in a written agreement between you and Kinman, you may not sell or modify the Website Materials or reproduce, display, publicly perform, distribute or otherwise use the Website Materials other than for your personal, noncommercial use.
This Website provides links to other music related Websites operated by third party service providers ("Service Providers"). Websites operated by such Service Providers may be governed by separate terms and conditions. You should refer to those terms and conditions when visiting those Websites. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such Service Providers exclusively and do not involve Kinman.
While Kinman strives to provide accurate product and pricing information, pricing or typographical errors may occur. Such errors may occur on this Website, in advertisements placed on this Website or in circulars linked to this Website. Unless otherwise prohibited by law, in the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Kinman shall have the right, at its sole discretion, to refuse orders placed for that item. Prices and availability are subject to change without notice.
As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Kinman customer or user of this Website; (iii) probe, scan or test the vulnerability of this Website or the Kinman network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; or (v) send unsolicited mail, including promotions and/or advertising of products and services.
Violations of system or network security may result in civil or criminal liability. Kinman reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting 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 this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Kinman on this Website and other than generally available third party web browsers.
Unless otherwise noted, all intellectual property rights (including copyrights, trademarks, and trade dress) in the Website Materials are owned, controlled or licensed by Kinman or one of its affiliates. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Kinman and is also protected by U.S. and international copyright laws. Kinman and its suppliers and licensors expressly reserve all intellectual property rights in all of the Website Materials.
The names, marks and logos included on this Website and in the Website Materials are, unless otherwise noted, trademarks owned by or licensed to Kinman. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Kinman may use third party trademarks on this Website. Such trademarks shall remain the intellectual property of their respective third party owners, and Kinman makes no claim to ownership of any such trademarks.
THIS WEBSITE AND THE WEBSITE MATERIALS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE WEBSITE MATERIALS IS AT YOUR OWN, SOLE RISK. KINMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KINMAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY INFORMATION PROVIDED ON THIS WEBSITE. MOREOVER, ANY MERCHANDISE OFFERED ON THIS WEBSITE IS SUBJECT TO AVAILABILITY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Kinman is not responsible for the accessibility or unavailability of services or Websites operated by Service Providers or for your interaction and dealings with them.
You further agree that should you use or rely on such content, data, advertisements, goods or services available from, or through any such Service Provider, Kinman is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
IN NO EVENT WILL KINMAN, ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE officers, directors, employees, agents, CONTRACTORS OR OTHER PERSONNEL (collectively, "Kinman Affiliates") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR THE WEBSITE MATERIALS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER CAUSE OF ACTION, AND EVEN IF KINMAN or such KINMAN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OR SHOULD HAVE KNOWN OF SUCH LOSS OR DAMAGE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, KINMAN AND KINMAN AFFILIATES' MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS WEBSITE AND THE WEBSITE MATERIALS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS (USD $100).
Some information included on this Website or in the Website Materials (such as wiring diagrams and construction information) is provided for educational purposes only. Some of this content comes from third parties. While we believe these third party providers to be reliable sources of information, we do not vouch for the accuracy of such information.
We will release information collected on this Website when compelled by a subpoena or court order, or when Kinman believes, in its reasonable discretion, that such disclosure is warranted to cooperate with inquiries by law enforcement agencies or in emergencies where physical safety is at risk.
If you have provided us with personal information through this Website and wish to have it removed from our files, or if you have any questions about the privacy practices applicable to this Website, or your dealings with this Website, you may contact our Consumer Response Department at firstname.lastname@example.org
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Kinman on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Kinman property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Kinman of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments and the right to use your name along with such Comments, without restriction and without compensating you in any way.
Kinman is and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to Comments. You agree that any Comments submitted by you to this Website will not violate these Terms and Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You agree that no Comments submitted by you to this Website will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam," and you further agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit.
By using this Website, you agree to defend, indemnify, and hold harmless Kinman and Kinman Affiliates from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Kinman may become obligated to pay arising or resulting from your use of this Website, the Website Materials or your breach of these Terms and Conditions. Kinman reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
These Terms and Conditions and the relationship between you and Kinman shall be governed by the laws of Malaysia without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Website or the Website Materials must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of Malaysia are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Website or the Website Materials. Any failure by Kinman to exercise any rights or enforce any of these Terms and Conditions shall not constitute a waiver of such rights or terms. If any provision of these Terms and Conditions or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. This Agreement represents the complete agreement between you and Kinman with respect to the subject matter hereof.