Kurt Manufacturing Company
Terms Of Service
Last updated: May 24, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”)
carefully before using the http://www.kurtkinetic.com website (the
“Service”) operated by Kurt Manufacturing Company (“us”, “we”, or
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have
permission to access the Service.
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we
may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
If you wish to purchase any product or service made available through
the Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your
billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true,
correct and complete.
The service may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in
your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the
Service. We may experience delays in updating information on the Service
and in our advertising on other web sites. The information found on the
Service may contain errors or inaccuracies and may not be complete or
current. Products or services may be mispriced, described inaccurately,
or unavailable on the Service and we cannot guarantee the accuracy or
completeness of any information found on the Service.
We therefore reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
“Promotions”) made available through the Service may be governed by
rules that are separate from these Terms & Conditions. If you
participate in any Promotions, please review the applicable rules as
these Terms of Service, the Promotion rules will apply.
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other
material (“Content”). You are responsible for the Content that you post
on or through the Service, including its legality, reliability, and
By posting Content on or through the Service, You represent and
warrant that: (i) the Content is yours (you own it) and/or you have the
right to use it and the right to grant us the rights and license as
provided in these Terms, and (ii) that the posting of your Content on or
through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or
entity. We reserve the right to terminate the account of anyone found
to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post
or display on or through the Service and you are responsible for
protecting those rights. We take no responsibility and assume no
liability for Content you or any third party posts on or through the
Service. However, by posting Content using the Service you grant us the
right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through the Service. You
agree that this license includes the right for us to make your Content
available to other users of the Service, who may also use your Content
subject to these Terms.
Kurt Manufacturing Company has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the
property of Kurt Manufacturing Company or used with permission. You may
not distribute, modify, transmit, reuse, download, repost, copy, or use
said Content, whether in whole or in part, for commercial purposes or
for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above
the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service
or a third-party service. You must notify us immediately upon becoming
aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Kurt Manufacturing Company and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of Kurt Manufacturing Company.
Links To Other Web Sites
Our Service may contain links to third party web sites or services
that are not owned or controlled by Kurt Manufacturing Company
Kurt Manufacturing Company has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any
third party web sites or services. We do not warrant the offerings of
any of these entities/individuals or their websites.
You acknowledge and agree that Kurt Manufacturing Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
You agree to defend, indemnify and hold harmless Kurt Manufacturing
Company and its licensee and licensors, and their employees,
contractors, agents, officers and directors, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees), resulting
from or arising out of a) your use and access of the Service, by you or
any person using your account and password; b) a breach of these Terms,
or c) Content posted on the Service.
Limitation Of Liability
In no event shall Kurt Manufacturing Company, nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages,
including without limitation, loss of profits, data, use, goodwill, or
other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have
been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided
on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
Kurt Manufacturing Company its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the
Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties
or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the
laws of Minnesota, United States, without regard to its conflict of law
Our failure to enforce any right or provision of these Terms will not
be considered a waiver of those rights. If any provision of these Terms
is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute
the entire agreement between us regarding our Service, and supersede and
replace any prior agreements we might have had between us regarding the
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will provide at
least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Kurt Manufacturing Company, Kinetic • ATU69403889 • C./O Lastenstrasse 37B 8020 , Graz, A-8020, Austria