Effective September 10th, 2012
TABLE OF CONTENTS
4. Account Security; Passwords and Privacy
5. Limitation on Warranties and Limitation of Liability
6. Kenco and Vendor Intellectual Property
7. User Data
8. Commercial Terms
11. Law and Lawsuits
12. Other Legal Terms
“Checkout Page” refers to the page on the Site where a User submits a Purchase Order.
“Commercial Terms” refers to the Terms and Conditions required by Kenco for all Purchase Orders for Products and Services and which may be found at: http://www.kencolabel.com/info/commercialterms
“Entity” refers to any business, government agency, organization, or any other group that is not an individual being.
“Kenco” refers to Kenco Label & Tag Co., LLC and any parent, subsidiary or other related company.
“Kenco Trademarks” refers to the trademark “Kenco” which is owned and federally registered by Kenco and any other trademarks which may hereafter be used by Kenco to identify its Products and/or Services.
“Kenco Intellectual Property” refers to: (1) the Kenco Trademarks and (2) any original works (including words and/or pictures) owned by Kenco that are or may be protected by the United States Copyright laws and/or similar laws that protect such works and (3) the content, presentation and look of the Site.
“Purchase Order” refers to any request by a User to purchase or otherwise obtain Products or Services which is submitted to Kenco through the Site or by other means.
“Products” and “Services” refer to the products and services offered by Kenco on the Site. Kenco’s Services would include such items as artwork, printing and technology assistance.
“Site” refers to the internet website sponsored by Kenco and which may be found at: http://www.kencolabel.com
“Site Data” refers to any matter posted on the Site by Kenco, including but not limited to prices and descriptions of Products and Services.
“User” and “you” refers to every person or Entity that uses the Site for any reason.
“User Content” refers to any and all words, pictures and/or other content which User posts on the Site or provides to Kenco and which is posted on the Site by Kenco.
“User Data” refers to any and all data in Kenco’s possession which relates to User whether provided to Kenco by User or obtained by Kenco from other sources.
“Vendor Intellectual Property” refers to the Intellectual Property owned by the third party vendors whose products are offered through the Site.
D. If you are an individual person, you may not use the Site if (a) you are not of legal age to form a binding contract, or (b) you are otherwise incapable of entering into a legally binding agreement or (c) are a person barred from receiving the Services under the laws of the place in which you reside or from which you access the Site or under any other applicable law.
C. Kenco shall have the absolute right to change the Site and Site Data at any time and from time to time without prior notice to you. Kenco may do so by changing any specifications of Products or Services offered on the Site. If a price is increased subsequent to your submission of a Purchase Order, Kenco will honor the lower price. If a Product specification is changed subsequent to your submission of a Purchase Order, Kenco will exercise reasonable efforts to notify you of the change and to allow you to withdraw the Purchase Order if the change is unacceptable to you.
IV. ACCOUNT SECURITY; PASSWORDS AND PRIVACY.
A. You are responsible for maintaining the confidentiality of passwords you may use to access the Site.
B. You are responsible for all activities that occur under your account.
D. You may be required to provide User Data about yourself (such as your contact information) as part of the registration process for use of the Site, or as part of your continued use of the Site. Any information you give to Kenco must always be accurate and up to date.
E. For information about our User Data protection policies, please read our Privacy Policies at http://www.kencolabel.com/info/privacy-notice. These policies explain how Kenco treats your User Data, and protects your privacy, in connection with your use of the Site.
F. By providing User Data to Kenco you agree to the use and/or disclosure of your User Data in accordance with Kenco’s Privacy Policies.
V. LIMITATIONS ON WARRANTIES AND LIMITATION OF LIABILITY.
USER IS REFERRED TO THE LIMITATIONS ON WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN KENCO’S COMMERCIAL TERMS WHICH MAY BE FOUND AT http://www.kencolabel.com/info/commercialterms
VI. KENCO’S INTELLECTUAL PROPERTY AND VENDOR INTELLECTUAL PROPERTY.
A. Kenco owns all legal right, title and interest in and to the Kenco Intellectual Property and to any other distinctive brand features displayed on the Site. Kenco owns such rights without regard to whether those rights are registered or not, or where in the world those rights may exist. Without limiting the generality of the foregoing: “Kenco” is the trademark of Kenco LLC and the content, presentation and look of the Site are copyrighted by Kenco LLC.
B. The Kenco Intellectual Property and the Vendor Intellectual Property may not be copied, imitated, or used (in whole or in part) without the prior written permission of Kenco LLC.
VII. USER DATA.
A. If you provide User Content to Kenco, you give Kenco a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content in connection with its marketing of the Products and Services. You hereby warrant and represent that you have all the rights, power and authority necessary to grant the license in the preceding sentence.
VIII. COMMERCIAL TERMS.
A. All Purchase Orders are subject to the Commercial Terms which may be found at: http://www.kencolabel.com/info/commercialterms Any Purchase Orders submitted through the Site are also subject to the following additional terms.
B. Shipping times are posted on the Site for your convenience and are only estimates of the actual amount of time that it will take for the Product or Service to be delivered. In any case where delivery time is important to you, we suggest that you call Kenco prior to submitting the Purchase Order to inquire as to availability and other factors that might affect the actual delivery date.
C. Kenco reserves the right to refrain from accepting, or to rescind, any Purchase Order, if it reasonably determines or suspects that the User submitting the Purchase Order: has unacceptable credit; is committing a fraud or other illegal act; is a Kenco competitor; or will use the purchased product or service for an illegal or otherwise inappropriate purpose; or is otherwise engaged in activity that causes Kenco to determine that it does not wish to transact business with that User. In connection with the above, Kenco may request documentation or other assurances from the User.
D. Kenco reserves the right to refrain from accepting, or to rescind, any Purchase Order, if it reasonably determines or suspects that the product or service in question is not fit for the use intended by the User.
A. Kenco may terminate, suspend, or modify your registration with, use of, or access to, all or part of the Site, with or without notice, at any time and for any reason.
B. You may discontinue your participation in and access to the Site at any time and for any reason.
C. If you violate any of these Terms, your authorization to use the Site will terminate automatically with or without any further act of or notice by Kenco.
B. Any notices or other communications from you to Kenco shall be sufficient if given by U.S. mail or by email to the appropriate one of the following addresses:
U.S. Mailing Address
Kenco Label & Tag Co., LLC
6543 N. Sidney Place
Milwaukee, WI 53209
C. When you use the Site or send e-mail to Kenco, you are communicating with Kenco electronically. We may respond to your communications to us by e-mail to you or by posting notices on the Site. Any such electronic communications from Kenco to you will satisfy any legal requirement that such communications be in writing.
XII. OTHER LEGAL TERMS.
© Kenco Label & Tag Co., LLC 2012