Kett Tool Company
Endurance Tool, LLC, an Ohio limited liability company d/b/a Kett Tool Company and its subsidiaries and affiliates (“Company”), is the sole owner of all right, title and interest in and to the kett-tool.com web site (the “Site”) and all related content (the “Content”), and all related products (the “Product”) and all related intellectual property, and all copyright rights, sui generis database rights, trademark rights, trade secret rights and other proprietary rights therein throughout the world (collectively, "Intellectual Property"). You (“User”) may not otherwise use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display, or in any way exploit the Site, any Content or Intellectual Property, in whole or in part, except with the prior written consent of Company.
Brands, company names, product names and logos on the Site are the trademarks, service marks, or trade names of Company, its clients or others. The use of any Company (or any other party on the web site) trademark, trade name, or service mark without Company's (or the appropriate owner's) express written consent is prohibited.
The Site may contain links to other web sites or resources. Company does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such web sites or resources. These independent sites have their own privacy and information collection practices. We have no responsibility or liability for these independent policies, and encourage User to review such sites' privacy policies to understand how they might collect and use personally identifiable information.
Liability Limitation and Disclaimers
THIS SITE IS PROVIDED ON AN "AS-IS" AND "WHERE-IS" BASIS. Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Company DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED.
Company IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN Company OR (II) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Company WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR PRODUCTS, EVEN IF Company HAS BEEN ADVISED OF SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE PRODUCTS; OR (IV) AGGREGATE LIABILITY IN EXCESS OF THE AMOUNT PAID BY USER FOR THE APPLICABLE PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
A. Collection of Information
Company does not collect or store any personally-identifiable information about users of the Site unless User have knowingly and willingly provided such information, through subscribing, registering at the Site, or otherwise using our services.
We may gather information about site usage, including statistics on unique visits, referring URLs, repeat visits and page views. This information is gathered to monitor and improve the use and satisfaction of the Site, but is tracked by IP address and is not associated with your personal information.
In addition, when we send HTML-formatted e-mail messages, we may include single-pixel GIFs to determine which e-mail messages were opened and/or acted upon.
We operate the Site in compliance with the Children's Online Privacy Protection Act and will not knowingly collect or use personally-identifiable information from anyone under 13 years of age. In the event that we learn we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.
B. Use of Information
We use personally-identifiable information that you give us to communicate with you about important information. Information submitted (including address, property characteristics, appraisal and other valuations) may be stored, maintained and used by Company to enhance the Products and other products and services offered by Company.
Company may change this policy statement at any time. Your continued use means that you accept any new or modified terms and conditions. You agree to indemnify and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions.
On occasion, Company will partner with third parties for marketing purposes to provide special offers, products or services to you. Company may share (provide and receive) personally-identifiable offline and online contact information with such bona fide partners, holding them to the same privacy standards detailed here. While we will screen all such offers, products and services, you will be able to "opt-out" of receiving such third-party communications, as described below under "Customer Choice".
Company does not share credit card or payment information with such third parties. Company may otherwise disclose your personal information only as required by applicable law or regulatory authority, or in response to legal process to protect our rights and property, or to protect the safety of our users or others.
Company uses encryption methods so that each transaction takes place in a secure environment. After it has safely reached our secure internal environment, we decode the information to complete your transaction. We store information you provide us on our servers. Access to all of our users' information is restricted to company representatives who need the information to perform a specific job (for example, a billing clerk or a customer service representative).
No electronic communication over the Internet, however, can be guaranteed to be completely secure. Though we take great care to protect your personal information, we cannot ensure or warrant the security of any information that you submit to us, and you do so at your own risk. We do not share your credit card number with other parties, other than those involved with the administration of your subscription.
You can take steps to secure your personal information, for example, by maintaining the secrecy of your passwords and/or account information. Also, when you are finished at the Site, sign off and close your browser window. This helps ensure that someone cannot pose as you online, which is especially important if you are at a computer accessible to others, such as in a library, a school or your office.
F. Customer Choice
By using the Site, you agree to receive all communication directly related to your already-purchased Products. In addition, we're always looking for ways to serve you better, including, from time to time, offering you new products and services that we believe you will find valuable.
You, however, will decide what types of such marketing messages you agree to receive. When your register with the Site you must indicate if you agree to receive promotional and/or marketing information about new products, services, and offerings from Company and/or any third parties. You also at any time can update or correct any of the personally-identifiable information that you shared with us during registration – including communication preferences. Once you’ve signed on to the website using your user name and password, click on “Manage My Account” and follow the steps to edit your member profile and to confirm your changes.
We will try to implement requests within a reasonable time, although for a period of time, users may continue to receive communications transmitted based on information released prior to the implementation of the request.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE OR VIEW THE SITE.
In the future, we may sell, buy, merge or partner with other companies or businesses. In such transactions, we may include your information among the transferred assets.