TERMS AND CONDITONS
Key Solutions makes no warranties or representations about the accuracy or completeness of this Site's content .
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, reports or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Key Solutions. Copyright 2000, 2001, 2002, 2003. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to Key Solutions, or other respective owners that have granted Key Solutions the right and license to use such Marks.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEY SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.KEY SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEY SOLUTIONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF PRODUCTS OR OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KEY SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KEY SOLUTIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Site user hereby agrees to indemnify, defend and hold harmless this website and its owners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting from the use of this web site. Under no circumstances, including negligence, shall this web site, its officers and employees, agents, subcontractors, or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use this web site or the products sold on this website even if this web site has been advised of the possibility of such damages; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to this web site's records, programs or services.
Your use of this Site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Key Solutions products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Key Solutions products) must be commenced within one (1) year after the claim or cause of action arises. Key Solutions' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Key Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Key Solutions makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Arizona do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Arizona.
By using this Site, you agree that Key Solutions, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
In the event Key Solutions' products or services are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Key Solutions shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Key Solutions shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral).
This organization collects personally identifiable information. Key Solutions uses personally identifiable information to facilitate general business practices such as sales, marketing, billing, shipping, and other such business related uses.
Widthstanding the sale of Key Solutions, Key Solutions will not sell your personal information to third parties. In the case of the sale of Key Solutions, Key Solutions will require the new owner to protect your collected personal information in accordance with this privacy statement. As required, Key Solutions will transfer information to third parties which are either necessary to carry out the transactions pertaining to the customer or are necessary to facilitate general business practices such as to outside accounting, billing or delivery companies.
Key Solutions allows the customer to opt out regarding how Key Solutions uses your personal information as stated below in the Choice section of this privacy statement.
If you do not want Key Solutions to use your information as provided for in the above notice section, please contact Key Solutions at PrivacyOfficer@paintwithceramic.com.
Note, opting out of some uses may result in the inability of Key Solutions to complete the customers transaction or provide the requested service.
Key Solutions takes reasonable steps to ensure that data is reliable for its intended use, and that it is accurate, complete, and current. If you need to update any information given to Key Solutions please contact CustomerService@paintwithceramic.com.
IP addresses are not linked to personally identifiable information. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.
This web site may contain links to other sites. Please be aware that Key Solutions is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that they visit.
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