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Terms and Conditions
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KLAB(THE “COMPANY”). YOU MUST READ THIS AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING, SUBSCRIBING TO OR OTHERWISE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS WEBSITE.
Privacy
The Company collects personal information through this website. Your personal information will only be used for the Company’s internal purposes, for the purposes for which it was collected and for purposes to which you have given your consent. The Company’s collection, use and disclosure of your personal information is governed by its Privacy Policy.
Security
See our Privacy Policy for a description of the security measures that we use.
Ownership of Website Content
Except for public domain material, all content and material on and/or forming part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by the Company or its licensors. All rights not expressly granted to you in this Agreement are reserved. You agree that you will use the Content, or any part thereof, solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by the Company, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Trademarks
The Company and its affiliates own the trademarks, service marks, and trade names (“Trademarks”) used on this site. Nothing on this site should be construed to grant a license to use the Trademarks, and any use of the Trademarks without the prior written consent of the Company is prohibited.
Prohibited Conduct
Except as expressly provided herein, this website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of the Company. Prohibited conduct includes, without limitation: a. modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof; b. renting, leasing, sublicensing or transferring any rights in this website or the Content; c. removing any proprietary notices or labels on this website or the Content; d. violating, plagiarizing or infringing on the rights of the Company or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights; e. any unauthorized use of the Content (including use on any other website or networked computer environment); and f. engaging in any conduct which the Company, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the website or the Company’s computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
Disclaimers
(a) No Warranties
THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
(b) Linked Sites
The Company shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this website, including without limitation sites owned or operated by Company affiliates (“Linked Sites”). Access to Linked Sites is at your own risk and the Company is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. The Company provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by the Company.
(c) United States Only
Unless otherwise expressly indicated, all representations, description, claims, market information, and other Content contained on this website are intended to promote the Company’s products and services in the United States only.
Limitation of Liability
You agree that the Company and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any Products or Services or any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages.
Indemnity
You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by the Company.
Termination
The Company may, in its sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any Products or Services for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.
Submissions
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website or any Service. Transmission of such material shall constitute a material breach of this Agreement.
The Company does not accept unsolicited ideas for new products, packaging, advertising, or other submissions related to the Company’s business. If you do not abide by this policy and choose to submit an idea or material to the Company, the idea or material becomes and remains the sole and exclusive property of the Company without any compensation to you.
By submitting content to any area of this website or through any Service, you grant the Company and its affiliates a royalty-free perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the license granted herein. You also authorize any user of this website to access, display, view, store and reproduce such content for personal use.
Jurisdictional Issues
Access to this website, the Content and the Products and Services is not permitted where prohibited by law. If you choose to access this website and/or use the Products or Services, you do so on your own initiative and are responsible for compliance with applicable laws.
General
This Agreement and your use of this website shall be governed by the laws of the state of Illinois and the federal laws of the United States applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in South Dakota, USA. You agree not to bring any legal action against the Company in any jurisdiction except the state of South Dakota and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and the Company in connection with your use of this website. Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and the Company other than that of independent contractors.
Updates and Amendments
The Company reserves the right to change, modify or amend this Agreement, or add or remove portions of this website and any Products and Services, at any time and you agree to be bound by such changes, modifications, additions or deletions. The current version of this Agreement will be posted on this website at all times. Please check back frequently to see any updates or changes to this Agreement. Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.
PRIVACY POLICY
KLAB strives to maintain the highest standards of decency, fairness and integrity in all our operations. This is KLAB’ online privacy policy (“Privacy Policy” or “Policy”). This Policy applies only to activities KLAB engages in on its website (the “Website” or the “Site”) and does not apply to KLAB’ activities that are “offline” or unrelated to the Website.
INFORMATION GATHERED ON THE SITE.
KLAB collects personally identifiable information from the visitors to the Website only on a voluntary basis. Personal information includes name, postal address, e-mail address, company name, and telephone number. This information is collected if you request information from us, participate in a contest or sweepstakes, or sign up to join our e-mail list. In some cases, we may collect information about you that is not personally identifiable. For example, the Website may automatically recognize the domain name of the Website, or the advertisement, which you clicked through to reach the Site (for example, aol.com, if you are connecting from an America Online account), but not the e-mail address of visitors to the Website. We utilize tools provided by Google Inc. to measure the internet traffic on our Website. The information collected is used solely for internal review and not shared with other organizations for commercial purposes.
USE AND DISCLOSURE OF INFORMATION.
The information KLAB collects is internally reviewed, used to improve the content of our Website, notify our visitors of updates, respond to visitor inquiries, process requests for information, notify you of products or special offers that may be of interest to you, and for statistical purposes for improving the Site.
Except as otherwise stated in this Policy, we do not sell, trade or rent your personally identifiable information collected on the Site to others. KLAB will disclose personally identifiable information to third parties to enhance your experience on the Website. Additionally, if you provide KLAB with content for publishing or feedback, we may publish your user name or other identifying data. We will disclose your personally identifiable information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, improve the functionality of the Site, perform statistical and data analysis, deliver your order and deliver promotional emails to you from us. For example, we must release your credit card number to confirm payment; and we must release your mailing address information to the delivery service to deliver products that you ordered.
KLAB may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. KLAB may also provide such personally identifiable information in response to a law enforcement agency’s request or as otherwise required by law. Your personally identifiable information may be provided to a third party if KLAB files for bankruptcy, or there is a transfer of the assets or ownership of KLAB in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.
COOKIES.
KLAB may use “cookie” technology to obtain non-personal information from our online visitors in order to improve your online experience. “Cookies” are small data files that certain websites write to your hard drive when you visit them. They may contain information, such as a user ID, that the website can use to track users’ progress through the website, but any personal information contained within any “cookie” can only be supplied voluntarily by you. The “cookie” enables us to track the total number of visitors to the Site, the popularity of various areas of the Site, and the length of the visits in an aggregate form (as one of a group, your individual personal information is not singled out). No personal information is extracted in this process. We do not contact you nor do we provide this information to third parties. “Cookies” allow us to update and improve the Site.
OTHER WEBSITES.
Please be aware that the Site may contain links to other sites on the Internet that are owned and operated by third parties. KLAB is not responsible for the privacy policies of third party websites to which it links. If you provide any information to such third parties, different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third parties’ privacy policies before providing any data to them. Additionally, other companies which place advertising on our Site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
SECURITY.
KLAB takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, KLAB cannot guarantee the security of any information that is disclosed online.
CHILDREN.
KLAB does not knowingly collect personal information from children under the age of 13. Children are not permitted to use the Website or services, and KLAB requests that children under the age of 13 not submit any personal information to the Website. Users of the Website may choose to provide their child’s name and/or birth date to enhance the Website experience. KLAB does not knowingly distribute personal information regarding children under the age of 13.
HOW YOU CAN CORRECT OR REMOVE INFORMATION.
If you have submitted personal information through the Website or interactive advertisement, and would like that information deleted from our records or would like to update or correct that information, please contact us at our e-mail address KLAB and provide us with your name and postal address. We will use commercially reasonable efforts to make corrections or remove your name and address from future mailings.
MODIFICATIONS OF THE PRIVACY POLICY.
KLAB reserves the right to modify its Privacy Policy at any time and will notify you by posting an amendment to the Privacy Policy on the Website. Any such modifications will become effective on the day they are posted. KLAB encourages you to frequently review the Privacy Policy for any modifications.
This Privacy Policy was updated to be effective as of 10-1-2021
