Kimber Mfg., Inc. Terms & Conditions of Use of Website

Effective as of April 3, 2014

IMPORTANT – YOU (“You” or “User”) SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS & CONDITIONS OF USE OF WEBSITE AGREEMENT BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, (collectively "TERMS"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR PORTIONS THEREOF AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (collectively, "WEBSITE"). KIMBER MFG., INC. (“KIMBER” OR “WE” OR “US”) IS WILLING TO ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY BE REFERENCED OR INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.

1. Use of this Website; Restrictions

You may use the Website and the materials, content or information made available on the Website (collectively “Materials”) conditioned on your continued compliance with the terms and conditions of these Terms. Further your use of this Website must comply with applicable law. You may view, print and download Materials from the Website solely for your personal and non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such Materials. Furthermore, you acknowledge and agree that you shall acquire no rights, title or interest in the Materials. Except as expressly noted in these Terms you may not and will not copy, display, reproduce, publish, transmit, distribute, transfer, disassemble, decompile, reverse engineer, alter, modify, create derivative works from, remove or alter copyright or other proprietary notices from, or exploit the Materials in any way. You may not place a link to the Website on other sites absent Kimber’s prior express written permission. You further acknowledge and agree that you may not and will not sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein. Additionally, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any other user(s), or any other systems or networks connected to the Website or to any Kimber server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kimber's systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Kimber on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Kimber’s express, separate, and prior written permission, or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Kimber. Any rights not expressly granted under these Terms are expressly reserved by Kimber.

2. User Representations, Warranties, and Obligations

The Website is intended to be used by residents of the fifty (50) states of the United States only. By downloading, accessing, or using the Website in order to view our information and Materials or submit information of any kind, you represent and warrant that you meet all applicable legal and regulatory requirements regarding the same, including but not limited to any age requirements imposed by applicable federal, state, or local law. You represent, warrant, and covenant that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a purchase confirmation form. If you provide any false, inaccurate, untrue, or incomplete information, among any other remedies available at law and/or at equity, Kimber reserves the right to immediately terminate your access to and use of the Website and/or any Materials. You agree to abide by all applicable local, state, federal, and international laws and regulations with respect to your use of the Website. In addition, you represent, warrant, and covenant that you are eligible under, satisfy and comply with all legal requirements and applicable laws and regulations (including but not limited to local, state, and federal) regarding your purchase and/or use of any products that you purchase from Kimber through the Website. Without limiting the generality of the foregoing, you agree that you shall comply with any applicable export laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While Kimber has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Kimber to the maximum extent permitted by applicable law is not responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to your use of the Website. The registration and creation of a user name and password may be required for access to certain areas of the Website. You are responsible for maintaining the security of any user name and password in connection with your access to any restricted pages of the Website. You agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another party’s user name and password. You will immediately notify Kimber if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Kimber cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Kimber reserves the right (but does not have an obligation) to delete or change (with notice) a user name or password at any time and for any reason.

3. Proprietary Rights

You acknowledge and agree that the Website's Materials (including but not limited to data, information, files, graphics, logos, icons, names, etc.), design, code, underlying technology and related items are proprietary to Kimber (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of Materials on the Website by Kimber or any other party on our behalf does not constitute a waiver of any right in such Materials. These Terms do not provide you with any right or interest in our proprietary or intellectual property rights related to the Website or otherwise, and all such rights shall continue to be owned by Kimber (or our licensors, or Vendors if applicable). All rights are expressly reserved. You expressly acknowledge and agree that Kimber transfers no ownership, title, proprietary right, or intellectual property right or interest of any kind to you or anyone else. Except as expressly provided herein, Kimber does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Kimber is a registered trademark of Kimber Mfg., Inc. and/or its licensors, and any use of such mark or other marks, including, without limitation, as domain names, without the express written permission of Kimber is strictly prohibited. The absence herein of any product name, mark, logo, etc. does not constitute a waiver by Kimber of any intellectual property rights that Kimber may own or otherwise possess. Company names other than Kimber mentioned herein, and such other companies’ respective product names, may be trademarks of such respective companies. Kimber’s trademarks and any other intellectual property (whether owned or licensed) may not be used without the express written consent of Kimber. Third party trademarks and intellectual property may not be used without the permission of such respective third party. If you believe that any content or other aspects of the Website infringe upon your rights or the rights of others, you should provide notice to Kimber at the following address: Attn: Legal Department, 555 Taxter Road, Suite 235, Elmsford, NY 10523. We may choose to investigate the matter further. Notwithstanding the foregoing, Kimber shall be under no obligation to investigate and/or reply to any such notice.

4. Links to Other Sites

Kimber may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Kimber and are maintained by third parties over which Kimber has no control. Kimber expressly disclaims, and you hereby acknowledge and agree, that Kimber does not have any responsibility for the policies, procedures, content, materials, accuracy of information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. In addition, the links to these third party sites does not constitute or imply an endorsement of such third parties, such third party sites, or such third parties’ products or services. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.

5. Third Party Products/Services

Kimber, in its sole discretion, may (but is not obligated) post the advertisements of third parties on the Website and/or feature materials, programs, products, and services provided by third parties. Kimber makes no representations or warranties with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Kimber Website are solely between you and such third party. Accordingly, Kimber expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Kimber Website, and you agree that Kimber shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties and their respective products, services, etc. on the Kimber Website. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.

6. Sweepstakes and other Promotions

From time to time, Kimber may conduct promotions on or through the Website, including without limitation, sweepstakes and other promotions ("Promotions"). Each Promotion may have additional terms and/or rules of participation ("Rules"), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to comply with the same, to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

7. Privacy

You acknowledge that you have read and agree to the Kimber Privacy Policy including but not limited to Kimber’s information collection and use practices, which also governs your visit to this Website.

8. Other Terms and Conditions

A. General

Additional notices, terms, and conditions may apply to the Website, use of the Website, the Materials, and/or to other specific portions or features of the foregoing, all of which are made a part of these Terms by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website. Kimber’s obligations, if any, with respect to its products are governed solely by the applicable documentation governing such products and the terms, conditions, notices, and agreements pursuant to which such products are provided, and nothing in these Terms should be construed to alter such terms, conditions, notices, and agreements.

B. Information Subject to Change; Certain Products Not Available in All States; Sole Remedy

Materials, information and specifications presented are for reference only and subject to change without notice. Certain products may not be available for sale in all states. Your sole remedy regarding use and/or any issues in use of the Website shall be to discontinue use of the Website. The Website may contain errors, omissions or typographical errors. Kimber may correct such errors at any time, and shall not be liable for any such errors. In the event that a price is listed incorrectly due to an inaccuracy, typographical error, or other error in pricing information, Kimber shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for the item(s) listed at the incorrect price.

C. Firearms

1. Warranty Regarding Kimber Firearms. The sole and exclusive warranty with respect to a Kimber firearm is as provided in the respective firearm’s Safety & Instruction Manual. A copy of the applicable manual can be obtained by contacting Kimber customer service as provided in this Website.

2. Certain Information Regarding Kimber Firearms.