kenvictraining.com
TERMS OF USE

Kenvic Company LLC. d/b/a Kenvic Professional Training ("kenvictraining.com") offers you access to this web site based strictly on the terms contained in this Agreement. By clicking "I Accept", below, you are accepting and agreeing to be bound by each of the terms contained in this Agreement, which may be modified by kenvictraining.com at any time. Amended terms are effective upon being posted and you should, therefore, review these Terms of Use from time to time. Your access and use of this web site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended.

I. COPYRIGHT & TRADEMARKS: All of the content included on this web site, including the text, photographs, graphics, video and audio content, logos, icons, screens and configurations, is the property of kenvictraining.com or its licensors and is protected by U.S. and international copyright and trademark laws, as a compilation or collective work and/or individually. All software used on this web site is the property of kenvictraining.com or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this web site. You may not copy, reproduce, modify, distribute, transmit, replicate, publish, enter into a database, display, perform, create derivative works, distribute over a network, sell or offer for sale or otherwise exploit the content of this web site, except for your own personal use as follows: you may make one machine readable copy and/or one print copy strictly for your own personal use. Any other use of the content of this web site is strictly prohibited.

II. ORDERING INFORMATION: By placing an order or requesting a catalog through this web site, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current and complete. Your order is not final until accepted by kenvictraining.com through an e-mail acceptance notice to your e-mail address. Unless your order is being shipped within the State of New York, it is your sole responsibility (and not Kenvictraining.com's) to pay any applicable sales and/or use taxes that may arise from your order.

III. RETURN POLICY: Government publications and software products are non-refundable. There is a thirty (30) day limited warranty on all defective unopened software products. All other products must be returned within seven (7) days in perfect condition, as determined by kenvictraining.com in its sole discretion. Call (718)321-3322 to receive a return authorization number and shipping instructions.

IV. PRIVACY: All information you provide in accessing and using this web site may be used by kenvictraining.com as described in our Privacy Statement , which is included as a part of this Agreement.

V. LINKS: As a convenience, this web site may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, kenvictraining.com is not endorsing any of the other sites and kenvictraining.com has no responsibility for the content of third party sites. You access any and all linked sites at your own risk.

VI. EXPORT RESTRICTIONS: United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including without limitation Cuba, Iraq, Libya, North Korea, Iran and Syria. By downloading from this web site, you are representing that you are not located in any of the prohibited countries.

VII. DISCLAIMERS: THIS WEB SITE IS PROVIDED BY KENVICTRAINING.COM ON AN "AS IS" BASIS AND THE USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. KENVICTRAINING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES. PRICES AND/OR TIME FRAMES FOR SHIPMENT INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KENVICTRAINING.COM OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NOTHING CONTAINED IN THIS SITE IS OFFERED OR INTENDED AS PROVIDING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT A LEGAL, ACCOUNTING OR OTHER APPROPRIATE PROFESSIONAL FOR SUCH ADVICE. This Section shall survive any termination of this Agreement.

VIII. LIMITATION OF LIABILITY: KENVICTRAINING.COM NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL KENVICTRAINING.COM NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE OR THE USE OF THE SERVICES THROUGH THIS WEB SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM KENVICTRAINING.COM’S NEGLIGENCE. IN ANY EVENT, KENVICTRAINING.COM’S LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive any termination of this Agreement.

IX. INDEMNIFICATION: You agree to indemnify kenvictraining.com and its respective officers, directors, shareholders, members, employees, agents representatives, parents, subsidiaries, affiliates, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this web site and any violation of any law, rule or regulation arising out of such use or (b) any violation of this Agreement.

X. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of New York, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Flushing, New York shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.

XI. FORCE MAJEURE: kenvictraining.com will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond the control of kenvictraining.com.

XII. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and kenvictraining.com and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.