CONDITIONS OF USE

Welcome to the KDS Packaging & Fulfillment Web Site, www.kdspackaging.com (the “Website”). The Website and its suppliers provide their services to you subject to the following conditions. If you visit or buy products at the Website, you accept these conditions. Please read them carefully.

PRIVACY

Please review the Privacy Notice, which also governs your visit to the Website, to understand the KDSPackaging&Fulfillment.com’s practices.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails, you are communicating with us electronically and you are hereby consenting to receive communications from the Website electronically. The Website will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that the Website provides to you electronically satisfy any legal requirements that such communications be in writing.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

You are required to open an account to order any products or services offered on KDSPackaging&Fulfillment.com ("KDS Site/Service(s)"). You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Website immediately of any unauthorized use of your account or any other breach of security. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Website or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

LICENSE AND SITE ACCESS

The Website grants you a limited license to access and make use of the KDS Site/Services. This license does not include any rights in and to the use of the Website name or its contents; any collection and use of any product listing, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of the Website or our suppliers without express written consent. You may not use any meta tags or any other “hidden text” utilizing the KDSPackaging&Fulfillment.com name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website.

MODIFICATION OF THESE TERMS OF USE

The Website reserves the right to change the terms, conditions, and notices under which the KDS Site/Service(s) are offered, including but not limited to the charges associated with the use of the KDS Site/Service(s). You are responsible for regularly reviewing these terms and conditions posted on the Website. Your continued use of the KDS Site/Service(s) constitutes your agreement to all such terms, conditions, and notices.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the KDS Site/Service(s), you will not use the KDS Site/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KDS Site/Service(s) in any manner that could damage, disable, overburden, or impair any KDS Site/Service(s) (or the network(s) connected to any KDS Site/Service(s)) or interfere with any other party's use and enjoyment of any KDS Site/Service(s). You may not attempt to gain unauthorized access to any KDS Site/Service(s), other accounts, computer systems or networks connected to any KDS Site/Service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the KDS Site/Service(s).

RISK OF LOSS

All Products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon KDSPackaging&Fulfillment.com delivery to the carrier.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KDS SITE/SERVICE(S) AND TO THE INFORMATION THEREIN. THE WEBSITE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KDS SITE/SERVICE(S) AT ANY TIME.
THE WEBSITE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KDS SITE/SERVICE(S) FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE KDS PACKAGING & FULFILLMENT COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE WEBSITE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A KDS SITE/SERVICE(S). YOU SPECIFICALLY AGREE THAT THE WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE WEBSITE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND INCLUDED IN A KDS SITE/SERVICE(S) BY ANY THIRD PARTY.

IN NO EVENT SHALL THE WEBSITE AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KDS SITE/SERVICE(S), WITH THE DELAY OR INABILITY TO USE THE KDS SITE/SERVICE(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KDS SITE/SERVICE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE KDS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WEBSITE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KDS SITE/SERVICE(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KDS SITE/SERVICE(S).

TERMINATION/ACCESS RESTRICTION

The Website reserves the right, in its sole discretion, to terminate your access to the KDS Site/Service(s) or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

All content included on the Website, such as text, graphics, logos, button icons and images are the property of the Website or its suppliers and protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Website and protected by U.S. and international copyright laws.
The Website, KDS, KDS logo, KDS Packaging & Fulfillment, KDS Packaging & Fulfillment Logo and/or other marks and services indicated on the Website are registered trademarks of the Website in the United States and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

GENERAL

Dispute Resolution
Any dispute relating in any way to the KDS Site/Service(s) or to Products you purchase through the Website shall be submitted to confidential and mandatory arbitration in Orange County, California, except that to the extent you have in any manner violated or threatened to violate the Website intellectual property rights, the Website may seek injunctive relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own attorneys’ fees and costs including, without limitation, costs of any experts. No award of any arbitration shall include punitive or exemplary damages or attorneys’ fees or costs. Each party will pay one-half of the costs of the American Arbitration Association and of the Arbitrator.

Jurisdiction/Venue
Claims for enforcement, breach or violation of duties or rights under this Agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles.

Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Website as a result of this agreement or use of the KDS Site/Service(s).

You agree to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the KDS Site/Service(s).

The Website reserves the right to disclose any personal information about you or your use of the KDS Site/Service(s), including its contents, without your prior permission if the Website has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Website or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. The Website’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Website right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KDS Site/Service(s) or information provided to or gathered by the Website with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Website with respect to the KDS Site/Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Website with respect to the KDS Site/Service(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.