WEBSITE TERMS OF USE

These Terms of Use (“Terms”) apply to this website (“Website”), which is provided by the individual Kent entity with which you conduct business (referred to individually and collectively as “Kent”, “we”, “our”, and “us”). If you conduct business with multiple Kent entities, your contract and/or relationship with each Kent entity is individual and no express or implied joint and several liability is created herein amongst those Kent entities. No contract or relationship is formed by these Terms between you and any Kent entity with which you do not conduct business merely because you are visiting this website. All of the content and services on this website are owned and/or operated by Kent. Your use of this Website is conditioned upon your acceptance without modification of these Terms. From time to time we may revise, update, or modify these Terms at our sole discretion, which changes will become effective upon the date they are posted to the website.
 
Please read these Terms of Use carefully before you start to use this Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement. If you do not want to agree to these Terms, you must not access or use the Website.
 
This Website is offered and available to users who are of legal contracting age and older (in most instances 18 years of age) and reside in the United States or any of its territories or possessions and other jurisdictions in which Kent has explicitly agreed in writing to do business. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
 

Website Access

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
 
You are responsible for both:
  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, that information must be treated as confidential and not shared with any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Statement.

Privacy Overview

Part of the purpose of the Website is to collect information from customers and potential customers for certain products sold by Kent.  In accordance with its Privacy Statement, Kent may store information to help it fulfill orders or improve the level of services to its customers. We may collect information as detailed in our Privacy Statement through manual and/or automated means.

We will typically make further direct inquiry of visitors in those cases where the customer information provided is incomplete for Kent’s purposes. Additionally, Kent may, at times, use the contact information provided to us by each visitor for future announcements of new products or as otherwise indicated in the applicable Privacy Statement. If you do not want to receive such mailings, please contact us as indicated in the Privacy Statement.

We may also use tracking technologies throughout the Website to enhance visitor convenience, to improve the site’s functionality, or to hold information that might otherwise need to be re-keyed. You should review our Privacy Statement to review the manner in which such technologies are utilized.

Unsolicited Ideas

Kent welcomes feedback, questions, and comments about its products, services, and Website. As a general rule, Kent does not consider unsolicited ideas of any kind from anyone other than its own employees. As a result, the company will not accept unsolicited ideas for products or services and will decline invitations to review such unsolicited ideas. All communications and other materials, including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials, that are provided to Kent via the Website, by e-mail, or otherwise are and shall remain the sole and exclusive property of Kent and may be used by Kent for any purpose whatsoever, commercial or otherwise, without compensation to whomever provided such information.

Intellectual Property

The arrangement and compilation of all content on this Website are the exclusive property of Kent and are protected by U.S. and international copyright laws and other applicable intellectual property laws. All software used on this site is the property of Kent or its software suppliers and is protected by U.S. and international copyright laws and other applicable intellectual property laws. You may not copy, reproduce, republish, post, distribute, transmit, modify, or otherwise use in anyway any part of the Website without the express prior written consent of Kent. You further agree not to reverse engineer, hack, spam, block, disrupt, introduce malicious code, deploy technology altering the purpose of this Website, or otherwise change or alter this Website. To do so, may subject you to legal liability. Kent will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

Warranty Disclaimer, Limitation of Liability, and Indemnification

This website does not form the basis of any contract other than as detailed herein, nor does it alter, amend, or otherwise change the terms of any contract entered into between you and Kent.  While we endeavor to ensure the information provided on this website is current, the information contained on this website or provided through the websites we offer and operate is provided on an “as-is” and “as available” basis, without any warranty of any kind whether express or implied, statutory or otherwise arising, including but not limited to any warranties of any merchantability, non-infringement, and/or fitness for particular purpose.

Your use of the website, its content, and any services or items obtained through or from the website is solely at your own risk.  Kent makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in these Terms) or completeness of the content of this Website. Kent, to the greatest extent permissible by law, disclaims any and all warranties, express or implied, including without limitation any warranty of freedom from patent infringement. Further, Kent does not warrant or represent that this Website or the devices from which it is presented are error-free or that the Website will be uninterrupted or free of defects, including, without limitation, computer viruses, worms, bugs, time bombs, or any other similar problems and/or defects, regardless of the manner in which you access the website (whether accessed through a private or public connection). By accessing the Website, you agree that you remain solely responsible for your use of the Website, and you agree to indemnify and hold harmless Kent and its agents with respect to any claim based upon your misuse of this Website or breach of any terms or conditions of these Terms.

You understand that we cannot guarantee or warrant that any files accessible via the internet or our website is free of viruses and/or malicious code.  You should implement necessary and appropriate safeguards to ensure the safety of your property and data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR NEGATIVELY IMPACT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Jurisdiction

The owner of the Website is based in the State of Iowa in the United States of America. This Website is provided for and intended for use only by persons located in the United States of America and its territories. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States of America. Access to the Website may not be permitted by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any dispute arising from your use of this Website or under this Agreement shall be resolved in the federal court located in the Southern District of Iowa, United States District Court, USA; provided, however, that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in any court or tribunal of relevant jurisdiction.  You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Reservation of Rights/Waiver

Kent, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms constitute the entire representation made by Kent related to the subject matter herein.

No waiver by Kent of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition contained herein.  Any failure of Kent to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Links to External Sources

Our websites may contain links to websites operated by third parties.  We do not control the contents, technology, or security of such non-Kent websites and accept no responsibility for them or any loss you may incur resulting from your use of or visit to the website.  By leaving our Website you are doing so entirely at your own risk and are subject to any terms and conditions of such third party website.

Modifications to the Terms and/or Website

From time to time, Kent may, at its sole discretion, change part or all of these Terms without prior notice. Any changes to the Terms will be posted on this page and will be effective immediately upon posting.

Kent further reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at any time without notice to you. Kent is not liable to you or any third party for modifications, suspension, or discontinuance or any services or content offered on this Website.

If you feel this site is not conforming to the Terms that we have put in place, you may contact us with the information available on our public facing website.

These Terms constitute the sole and entire agreement between you and Kent regarding the Website and supersede any and all prior or contemporaneous agreements, whether written or oral, related to the Website.

Updated June 1, 2021