Terms and Conditions for Use of the KEE Action Sports LLC
By using the KEE Action Sports ("KEE") B2B website you are agreeing to the following terms and conditions governing the use of the website. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.
1. All transactions entered into on the B2B website shall be subject to the terms and conditions set out in your Dealer Application which are incorporated by reference into these terms and conditions for use of the KEE B2B website. (Note: Consider putting the T&C's from the application on the website and link to it here).
2. You agree that transactions on theB2B website will be as legally binding and enforceable as if in a signed writing.
3. You represent and warrant that all information you provide on the website will be complete and accurate and that you will update it as necessary to assure that it is complete and accurate at all times.
4. You shall undertake all reasonable steps to prevent unauthorized access to and use the computer processing and communications facilities under your control through which documents are transmitted and received.
5. You shall be responsible for the confidentiality of your assigned user identification and log-on passwords. You shall not reveal to any unauthorized person your user identification and passwords. You shall be responsible for any losses or expenses resulting from your failure to comply with this paragraph.
6. You shall be responsible for all transactions on the KEE B2B website made using your user ID and password. The use of your user ID and password shall be sufficient to verify the source and authenticity of each Internet transaction. KEE will not be responsible for any losses, costs or expenses that result from the unauthorized use of your ID and password.
7. You will notify KEE immediately if you become aware of any unauthorized use of your password or other known or suspected breach of security.
8. The KEE B2B is for authorized and approved KEE dealers only. You will not allow third parties who are not authorized by KEE to use your id and password to access the KEE B2B website.
9. You will not transmit to the KEE B2B website (for example as part of product reviews) any contents that infringe the rights of others, that are illegal, or which KEE believes, in its absolute discretion, is racist, threatening, abusive, degrading, harassing, fraudulent or which would violate the sense of decency of others using the KEE B2B website. KEE reserves the right to unilaterally remove any such contents from the KEE B2B website.
10. Use of the KEE B2B Website requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these items. High-speed Internet access is strongly recommended for regular use. The latest version of required software is recommended to access and may be required for certain transactions or features, such as downloading reports. You agree that meeting these requirements, which may change from time to time, is your responsibility.
11. You will be responsible for any losses, costs and expenses incurred by you or KEE as a result of your failure to comply with these terms and conditions.
12. KEE reserves the right to suspend your used of the KEE B2B website if you fail to comply with these terms and conditions, if your account becomes delinquent, if viruses, malware or other programs which could damage the KEE B2B website are sourced from you, or if you violate and of the terms and conditions set out in your Dealer Application.
13. KEE WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE KEE B2BWEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KEE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. KEE DOES NOT REPRESENT OR GUARANTEE THAT THE KEE B2B WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KEE DISCLAIMS ANY LIABILITY RELATING THERETO.
14. KEE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE KEE B2B WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KEE MAY REMOVE THE KEE B2B WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE KEE B2B WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
15. IN NO CASE SHALL KEE ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE KEE B2B WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE KEE B2B WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KEE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16. We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via e-mail, the KEE B2B website, or any other method. We will not compensate you for any submissions that we use. By submitting such materials, you grant KEE a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way KEE deems appropriate. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials either by you or through your account.
17. KEE reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the KEE B2B website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of The Website will be deemed acceptance thereof.