KENCO® WEBSITE

Terms of Use

Effective September 10th, 2012


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


TABLE OF CONTENTS

1. Definitions

2. Agreeing to the Terms of Use

3. Changing the Terms of Use; Changing the Site

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

9. Termination.

10. Notices

11. Law and Lawsuits

12. Other Legal Terms



I.          DEFINITIONS

“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.

“Privacy Policy” refers to the Privacy Policy of Kenco which applies to any of the User Data provided to Kenco by a User and which may be found at:  http://www.kencolabel.com/info/privacy-notice

“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.

“Terms of Use” refers to these Terms of Use, which are found at: http://www.kencolabel.com/info/commercialterms

“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.



II.         AGREEING TO THE TERMS OF USE

A.         In order to be eligible to use the Site, you must first agree to these Terms of Use.

B.         If you have not yet made a purchase from the Site, your use of the Site shall constitute your implied agreement to be bound by the Terms of Use. If you wish to revoke such implied agreement, you may not use the Site and you must discontinue any use immediately.

C.        Before submitting a Purchase Order on the Site you will be required to check the box at the end of the Checkout Page to expressly manifest your agreement to be bound by the Terms of Use.

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.

E.         If you are acting on behalf of an Entity, you may not use the Site unless you have been duly authorized by the Entity to: (a) agree to the Terms of Use and (b) to conduct the transactions conducted on or through the Site.

F.         We urge you to save a copy of the Terms of Use for your records.



III.        CHANGING THE TERMS OF USE; CHANGING THE SITE.

A.         Kenco shall have the absolute right to change the Terms of Use at any time and from time to time without prior notice to you, by changing the Terms of Use on the Site or in any other reasonable manner. If you object to any change, your only remedy will be to discontinue your use of the Site. If you continue to use the Site following any change of the Terms of Use it will constitute your agreement to be bound by the change.

B.         Certain provisions of the Terms of Use may be superseded by different terms that are expressly stated elsewhere on the Site. In each such case, those expressly stated terms shall supersede the applicable provision(s) set forth in these Terms of Use.

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.

C.        If you become aware of any unauthorized use of your password or of your account, you must notify Kenco immediately at the address provided in the Notice section of these Terms of Use. You will be responsible for any unauthorized use of your password or of your account until proper notice is received by Kenco.

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.

C.        Nothing in these Terms of Use gives you a license or other right to use any of the Kenco Intellectual Property or the Vendor Intellectual Property for any purpose whatsoever.



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.

B.         Kenco acknowledges that it obtains no right from you under these Terms of Use in or to any User Content, other than rights expressly granted to Kenco under these Terms of Use.



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.



IX.        TERMINATION.

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.



X.         NOTICES.

A.         Any notices or other communications from Kenco to you, including but not limited to those regarding changes to the Terms of Use, or the Terms and Conditions of Sale, or the Privacy Policy, or to the Site, shall be sufficient if given by email or by postings on the Site.

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

Attention: Notices

Email Address

 

notices@kencolabel.com

 

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.



XI.        LAW AND LAWSUITS.         These Terms of Use shall be construed and enforced in accordance with Wisconsin law, giving no effect to Wisconsin’s choice of law rules. All lawsuits arising from or relating to: (a) these Terms of Us, or (b) the Commercial Terms, (c) the Privacy Policy or (d) your use of the Site shall be brought in the Federal or State courts in or for Milwaukee County, Wisconsin, USA, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.



XII.       OTHER LEGAL TERMS.

A.         Waiver.            The failure of Kenco to enforce any provision of these Terms of Use shall not result in a waiver of same. No waiver of any provision of these Terms of Use in any one instance shall be deemed to result in a waiver of such provision in any other instance.

B.         Titles.   The titles in these Terms of Use are for convenience of reference only, and are not to be considered in construing these Terms of Use.

C.        Severability.    If any provision of these Terms of Use is found to be void or unenforceable under existing or future law, the remaining provisions of these Terms of Use shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were never a part of the Terms of Use.

D.        Third Party Beneficiaries.       These Terms of Use are not intended to, and shall not be construed to, create any rights or remedies in any parties other than Kenco and User, and no other person or Entity shall assert any rights as a third party beneficiary hereunder.

E.         Compliance with Law.                        Kenco has made and will continue to make every effort to insure that the Terms of Use comply with all federal, state and local laws, rules and/or regulations. If any provision in the Terms of Use does not comply, that provision will be deemed amended to the extent necessary to bring it into compliance with the applicable laws, rules and/or regulations.



© Kenco Label & Tag Co., LLC 2012