Terms of Use
Effective Date
01/07/2010
Greetings! Thank you for choosing to work with KCP Supplies Inc ("us, we"). As our customer, (“you”) have the ability to use our site or any of the services we offer at your leisure. Please read these Terms of Use carefully before using the Site or any of the services and products we offer. These Terms of Use constitute the legal contract between you and us concerning any transactions between us, on the site or otherwise made through our sales representatives, or through any purchasing methods. By using this Site or any services we offer, you signify your acceptance and consent to be bound by these Terms of Use. If you disagree with any of these Terms of Use, please do not use the Site or purchase from us.
We reserve the right to amend these Terms of Use at any time. We will inform you of any material changes to these Terms of Use by posting a notice on the Site. If you are on our emailing list or if you have an account on the Site, we may also notify you of such material changes via email. By continuing to use the Site after such notice or any of the services and products we offer, you agree to be bound by these Terms of Use as modified.
Please read these Terms regularly, as they may change at any time. By using this Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
1. Intellectual Property
1.1 Except for User Material (as defined below), all content and material made available on the Site (collectively "Site Content"), including, without limitation, catalogs, product photos and images, graphics, designs, artwork, text, written/editorial material, audios, videos, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media applications and plug-ins, belong exclusively to us and/or our licensors and business partners, and are protected by U.S. and international copyright laws.
1.2 The terms "KCP Supplies Inc," "kcpsuppliesinc.com," and associated logos and designs (collectively "Our Marks") are our proprietary trademarks and service marks, and are protected by U.S. federal and state laws. All other marks and logos are trademarks and/or service marks of their respective owners.
1.3 As used herein, "User Material" means any visual, graphic, pictorial, photographic, written, or other material furnished to us by any user of the Site. You retain ownership of all User Material furnished by you, but subject to your license grant to us as set forth in Section 2.6 below.
1.4 The artwork, designs, trademarks and logos shown on products on the Site are for illustration purposes only and do not represent endorsements by – or production for – the owners of such artwork, designs, marks or logos. Such illustrations are not meant to be advertisements. Items as pictured with third-party trademarks, designs and logos are not for sale to anyone other than those expressly authorized by the owners of such trademarks, designs and logos.
2. Terms and Conditions of Use
Without limitation to the rest of these Terms of Use, your use of the Site and Site Content and use of the services and products we offer is expressly subject to all of the following:
2.1 Eligibility: By using the Site or any services and products we offer, you represent and warrant that: (i) you are at least 18 years of age when using the Site or any services and products we offer; (ii) all information you submit to us is your own information and is truthful and accurate; and (iii) your use of the Site or our services and products does do not violate any applicable law or regulation. Only persons who are 18 or older are permitted to register and make purchases on the Site. We reserve the right to verify your age before any registration or purchase by you.
2.2 Our Limited License to You: Subject to all other terms and conditions set forth herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and Site Content and all other services and products we offer for your own business or personal uses ONLY, including viewing, downloading and printing our catalogs and our product information, photos and images for your own internal reference and evaluation and for engaging in transactions with us. Any breach of these Terms of Use by you will result in immediate revocation of the foregoing license with or without notice.
2.3 Prohibited Conduct:
2.3.1 Except as expressly stated in Section 2.2 above, you may NOT copy, reproduce, download content from, republish, redistribute, create derivative works from, modify, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content or the services and products we offer. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content or the services and products we offer, or do anything that interferes with other users’ access and use of the Site or any Site Content or the services and products we offer. Without limitation to the generality of the foregoing, you are strictly prohibited from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site, our system, network or server, or any user account; and (iii) crawling, scraping, or otherwise collecting or taking any data or Site Content from the Site, including through the use of bots, web crawlers, or similar automated programs or processes.
2.3.2 Except for the limited purpose of making truthful and non-misleading references and attributions to us, the Site, and/or our products and services, you may NOT make use of any of Our Marks, or any variations thereof, for any purpose or in any manner, without our express prior written authorization. In any event, you may NOT use any of Our Marks in connection with any product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits us or the Site. In addition, you may NOT use any of Our Marks in meta tags or as ad keywords without our express prior written authorization.
2.3.3 You may NOT furnish any User Material that: (i) violates or infringes any copyright, trademark, trade dress, right of publicity, right of privacy, or any other property, personal or proprietary right of any person or entity; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
2.4 User Material Furnished by You: By furnishing User Material to us, (i) you grant to us a non-exclusive license (with the right to sublicense to our suppliers and our fulfillment partners) to use and reproduce such User Material to make custom products in fulfillment of your order(s) with us; (ii) you represent and warrant that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (iii) you agree to defend, indemnify and hold us and our officers, directors, employees, agents, Sales Partners, sales representatives, suppliers, and fulfillment partners harmless pursuant to Section 3.1 below, in the event any User Material furnished by you infringes upon, violates or misappropriates any property, personal or proprietary right of any person or entity.
2.5 Account Site Security: If you have an account on the Site, you are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions made through your account. You shall immediately notify us of any unauthorized use of your account access information or any unauthorized or suspicious activity on your account.
2.5a Links to Other Sites: The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from this Site do not constitute Crestline’s endorsement of any third party, its website, or its goods or services. Crestline is not responsible for any outside sites, services or other materials linked to or from this Site, and disclaims all liability for any injury you may experience by using such materials.
2.6 Our Reservation of Rights: You expressly acknowledge and agree that we reserve the right to refuse service, suspend or terminate your account, and/or cancel your order(s) at our sole discretion, including, without limitation, if we believe or suspect that you violate any applicable law or any of these Terms of Use.
2.7 No Warranties: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL SITE CONTENT AND ALL SERVICES AND PRODUCTS WE OFFER ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
2.8 Limitation of Liability: BY USING THE SITE OR THE SERVICES AND PRODUCTS WE OFFER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2.9 Cancellation: Due to the customized nature of our products, we can only accept returns of non-conforming merchandise or unapproved imprint errors. This return policy cannot be waived and supersedes any return stipulation or right of cancellation that may be on a customer’s purchase order, standard terms and conditions, or otherwise stated. By submitting an order to KCP Supplies Inc the Customer shall be deemed to delete and to waive any contradictory terms and such terms shall be unenforceable.
2.10 Termination: Your failure to comply with the Terms automatically revokes your authorization to use this Site and terminates all rights granted to you under these Terms. Your obligations to KCP Supplies Inc shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
3. General Terms
3.1 Indemnification by You: BY USING THE SITE OR THE SERVICES AND PRODUCTS WE OFFER, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY "CLAIMS") ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW.
3.2 Governing Law; Jurisdiction: By using the Site or the services and products we offer, you expressly acknowledge and agree that:
(i) the Site or the services and products we offer shall be deemed solely based in the State of Texas;
(ii) these Terms of Use, including all controversies arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas; and
(iii) The United States District Court for the Northern District of Texas, located in Dallas, Texas, or if that court lacks jurisdiction, the state courts located in Dallas County, Texas, shall be the exclusive forums in which any disputes between you and us concerning your use of the Site or the services and products we offer, including any purchase you make on the Site or through our sales representatives, or concerning these Terms of Use shall be heard. These courts shall have jurisdiction over the parties, and you waive all objections to jurisdiction and venue.
3.3 Miscellaneous: These Terms of Use constitute the entire agreement between you and us concerning your use of the Site or the services and products we offer, including any purchase you make on the Site or through our sales representatives. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
3.3 Product Information: Prices are subject to change without notice. We try to accurately display the colors of our products on this Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. We do not warrant the currency, accuracy, or reliability of any Site information, including information about product price or availability.
3.4 Service Charge: A finance charge of 1.5% per month (which is an ANNUAL PERCENTAGE RATE of 18%) will be added to your account if it is more than 30 days past due. If your account is in collection, you agree to pay all costs of collection, including reasonable attorney fees, incurred by us in collecting any amount which you have not paid when due. Our acceptance of any partial payment shall not operate as an accord and satisfaction, and shall not preclude us from recovering any remaining balance without mutual agreement in writing.
Contact Information
Please feel free to contact us at:
KCP Supplies Inc
9724378145
PO Box 394
Rowlett, TX 75030
TERMS AND CONDITIONS FOR PERSONAL PROTECTIVE EQUIPMENT ORDERS
These Terms and Conditions for Product Orders (the “Terms”) apply to any order of promotional products, branded merchandise, apparel, accessories, or any other goods (collectively, the “Products”) from KCP Supplies Inc. or any of its parents, subsidiaries, and affiliates (“KCP Supplies Inc”).
1. Incorporation By Reference; Precedence of Documents
These Terms are incorporated by reference into any order a customer places with KCP Supplies Inc. In the event of any discrepancy between the Terms and any existing or future document (e.g. quotes, order acknowledgments, purchase orders, agreements, invoices, terms and conditions, etc.) for any Products, the provisions of these Terms shall control. Any different terms contained in any such documents are expressly not part of the Terms, and KCP Supplies Inc hereby continuously objects to any such different terms.
2. Disclaimer
UNLESS EXPRESSLY NOTED OTHERWISE ON A KCP SUPPLIES INC DOCUMENT THAT MAKES DIRECT REFERENCE TO THESE TERMS, CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS SOLD ARE PROVIDED “AS-IS.” KCP SUPPLIES INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. CUSTOMER AGREES THAT THE USE OF THE PRODUCTS IS AT ITS OWN RISK.
3. Cancellation
Customer acknowledges that in certain instances KCP Supplies Inc is placing deposits with manufacturers, vendors, or decorators in reliance on the customer’s order. In the event of a cancellation for any reason, customer shall remain responsible for any portion of the order KCP Supplies Inc is unable to cancel or for which deposits or production costs have been incurred.
4. Delivery Schedules
KCP Supplies Inc and customer acknowledge that production or shipping delays, shipping carrier availability, or other factors beyond KCP Supplies Inc's control may result in delivery delays. KCP Supplies Inc shall not be responsible for any such delays.
5. Limitation of Liability
KCP SUPPLIES INC SHALL NOT HAVE ANY LIABILITY TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOSS OF PROFITS, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE OR WHETHER SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KCP SUPPLIES INC’S LIABILITY TO CUSTOMER FOR ANY CLAIM RELATED TO THIS ORDER EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS SUBJECT TO THE CLAIM.
6. Force Majeure / Performance
Neither party is responsible to the other for any losses or failure to perform under this order (other than payment obligations) attributable to war, riot, rebellion, terrorist act or other disorder; strike or other work stoppage; pandemic or epidemic; fire; change in law, regulation, order, embargo, quarantine, sanction, or delay in granting a permit or approval; flood; the fraudulent, illegal, or bad faith acts of third parties beyond either party’s control; or any other act not within a party’s reasonable control.
7. Arbitration
Any disputes arising from this order shall be resolved by binding arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association, with the arbitration to take place in Dallas, Texas.
8. Miscellaneous
If any provision of these Terms is found or deemed to be invalid or unenforceable by law, then such provision will be deemed stricken and the remaining provisions will continue in full force and effect. These Terms and the order shall be governed by the laws of the State of Texas.
Required Privacy policy and Terms and conditions Information for Website:
Data Collection and Use:
•We collect your phone number and consent status to provide you with SMS services. This information is used solely for the purpose of delivering text messages related to the campaign you have opted into.
Data Sharing:
•We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.
Data Protection:
•We are committed to protecting your personal information and have implemented appropriate technical and organizational measures to ensure its security.
User Rights:
•You have the right to access, correct, or delete your personal information. You can opt-out of receiving messages at any time by replying STOP.
Contact Information:
•For any questions or concerns regarding your privacy, please contact us at 972-437-8145.
Terms and Conditions Example
Program Description:
•By opting into our SMS program, you agree to receive text messages from KCP SUPPLIES & LOGISTICS INC. regarding [Product/Service].
Message Frequency:
•Message frequency may vary. You will receive 972-437-8145 messages per [time period].
Cost Disclosure:
•Standard message and data rates may apply. Please check with your mobile provider for details.
Opt-Out Instructions:
•You can opt-out of receiving messages at any time by replying STOP. For help, reply HELP.
Customer Care:
•For assistance, contact our customer care at 972-437-8145.
Legal Disclaimers:
•By participating, you agree to our terms and conditions and privacy policy. We reserve the right to modify these terms at any time.
Links:
•For more information, please visit our https://www.freeprivacypolicy.com/live/b2316e43-415c-4743-819a-06704949f4ef and https://www.kcpsuppliesinc.com/terms--conditions.html.
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