Any use of this website is subject to our terms.
Terms and Conditions
ACCESS TO AND USE OF KRAMER KNIVES, INC (“KRAMER KNIVES”) WEBSITES HTTP://WWW.KRAMERKNIVES.COM/, HTTP://STORE.KRAMERKNIVES.COM/ AND THE AUCTION PAGES AT HTTP://AUCTION.KRAMERKNIVES.COM/ (COLLECTIVELY THE “SERVICE”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY “TERMS”), INCLUDING WITHOUT LIMITATION ALL REFERENCED DOCUMENTS AND APPLICABLE LAWS, WITH RESPECT TO USE OF THE AUCTION PAGES. THESE TERMS GOVERN OUR RELATIONSHIP WITH USERS AND ANY OTHERS WHO INTERACT IN ANY WAY WITH THE SERVICE. THESE TERMS CONSTITUTE A CONTRACT BETWEEN YOU AND KRAMER KNIVES, INC. (“KRAMER KNIVES”) HEREIN, AND WE WILL SOMETIMES REFER TO THE TERMS IN THIS CONTRACT AS THE “AGREEMENT.”
VIOLATION OF ANY ELEMENT OF ANY OF THE TERMS HEREIN OR IN ANY REFERENCED DOCUMENTS WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND DENIAL OF YOUR CONTINUED ACCESS TO OR USE OF THE SERVICE.
AT ANY TIME AND IN OUR SOLE DISCRETION, WE MAY REFUSE TO OFFER YOU ACCESS TO OR USE OF THIS SERVICE EVEN IF YOU ARE IN COMPLIANCE WITH THE TERMS. WE FURTHER RESERVE THE RIGHT TO BLOCK YOUR ACCESS TO THE SERVICE AT ANY TIME FOR ANY REASON OR NO REASON. WE MAY AT OUR SOLE DISCRETION IMMEDIATELY ISSUE A WARNING, TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR ACCESS OR USE TO OUR SERVICE IF YOU BREACH ANY OF THE TERMS OR IF WE ARE UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO US.
WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) BY NOTIFYING YOU OF THE EFFECTIVE DATE OF ANY SUCH CHANGES THROUGH POSTING THE NOTICE ON THE SERVICE.
IF YOU SELECT A USER NAME FOR YOUR ACCOUNT WE RESERVE THE RIGHT TO REJECT, REMOVE OR RECLAIM IT IF WE BELIEVE APPROPRIATE (SUCH AS FOR EXAMPLE ONLY AND WITHOUT LIMITATION IF A THIRD PARTY CLAIMS OWNERSHIP OF A TRADEMARK, PERSONALITY OR PUBLICITY RIGHT OR OTHER RIGHTS IN THE USER NAME OR IF YOU CHOOSE OFFENSIVE OR OBSCENE WORDS AS PART OF YOUR USER NAME).
Kramer Knives is Washington State Corporation and is the owner of the Service.
When the words “we” or “our” or “us” (or similar words) are used herein, such words mean Kramer Knives.
When the words “you” or “your” (or similar words) are used, such words mean the user.
In the case of any user who signs up on behalf of a legal entity (corporation, limited liability company, partnership, limited partnership or other legal entity), the words “you” or “your” shall mean such legal entity and every user from that legal entity.
By using or accessing the Service, you are agreeing to be bound by the Terms and Conditions described herein (“Terms”).
We may amend our Terms at any time by posting the amended terms on our website. These Terms and Conditions were last updated on: April 11, 2012.
C. NOTICE REGARDING CONTENT FROM USERS.
We are not responsible for any content posted by any user on the Service although you nonetheless may be exposed to such content (for example only and without limitations, a false competing bid from another user). You therefore agree to view or use any content posted on the Service at your own risk without any liability on our part or on the part of our directors, officers, managers, employees, subcontractors, agents and affiliates. No user shall be considered or deemed to be our agent or employee merely because of any use by such user.
D. USE AND ACCESS.
- 1. Our services are available only to individuals who can form legally binding contracts under applicable laws. Without limiting the foregoing, our Service is not available to minors. If you do not qualify, you are not permitted to use our Service. We may refuse our services to anyone at any time, at our sole discretion.
- 2. For any individual person who is a user, you must be eighteen (18) years or older to use this Service.
- 3. You must provide your legal full name, a valid email address, a valid physical address, a valid unexpired credit card and any other information requested by us in order to complete the signup and registration process. Where you are signing up for a legal entity, you must also provide the legal full name of the entity, the address of its principal office, and any other information requested in order to complete the signup and registration process.
- 4. You will not provide any false personal information for the Service or create an account for anyone other than yourself or your company without permission.
- 5. You will keep your contact information accurate and up-to-date. You must keep your account information up to date and accurate at all times. You may not transfer or sell your account. You will not transfer your account to anyone without first getting our written permission, and we have sole authority and discretion to grant or deny any request for such permission.
- 6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- 7. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- 8. You are responsible for all content (text or other content) posted and activity that occurs under your account. With respect to all your Content, you agree that you will comply and will be in compliance with these Terms and all referenced additional terms and conditions for all content. Furthermore, all content posted by you on the Service shall comply with all laws, including without limitation laws applicable to Intellectual Property Rights (including without limitation, copyrights, trademarks and patents). You represent, warrant and agree that you will not post any Content that is in violation of any Intellectual Property Rights of any other person or entity and that you shall not defame, libel, slander or otherwise unlawfully commercially disparage any other person or entity.
- 9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in any jurisdiction (including but not limited to copyright laws or trademark laws) in which you engage in any commerce. You may not duplicate, copy, or reuse any portion of the Service (including any code) without advance express written permission from Kramer Knives.
- 10. You may not use the service in any way that harms Kramer Knives or its affiliates, resellers, distributors and/or vendors (collectively, the “Kramer Knives parties”), or any customer of a Kramer Knives party.
- 11. You will not use any of the Service if you are a convicted sex offender or have any criminal conviction of any kind involving any violence, use of deadly weapons, assault or battery or any other kind of crimes against persons or property.
- 12. You may not engage in, facilitate, or further unlawful conduct.
- 13. You may not damage, disable, overburden, or impair the Service (or the networks connected to the Service) or interfere with anyone’s use and enjoyment of the Service.
- 14. You may not use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”) or for any phishing. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or us. You may not use any automated process or other means to access and/or use the Service (such as a BOT, a spider, or “meta-searching”) or to place bids through “auction-sniping” Websites or similar means.
- 15. You may not use any means to modify or reroute, or attempt to modify or reroute, the Service.
- 16. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our Service or any auction being conducted on our Service. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
- 17. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
- 18. You agree to defend, indemnify and hold harmless us and our directors, officers, managers, employees, agents and affiliates from any losses, liabilities, damages, expenses or costs (including without limitations court costs and attorney fees) arising from, relating due or in connection with your violation of any of the Terms herein.
- 19. Payment Methods. We accept Visa/MasterCard (United States residents only), PayPal, cashier’s checks and wire transfers. All amounts due must be received and processed before any Product is shipped.
- 20. Shipping, Handling and Insurance Charges and Sales Taxes. Any charges for shipping, handling and insurance (if any), are in addition to the amount of the sale price. Sales taxes are collected for Washington State residents who make purchases on the Services. You authorize us to add to the sales price (i) shipping, handling and insurance charges (if any) and (ii) for Washington State residents, sales taxes. For international shipping, please contact us regarding shipping fees to your location. We choose the most affordable means of shipping for our international customers. Delivery time is on average 5-10 business days.
- 21. Passing of Title and Risk. Title in and to the Products that you are purchasing shall not pass to you until you have provided full payment that is confirmed as being made. Once the Products leave our dock, title passes to you and delivery is at your risk.
- 22. Delivery. We will take commercially reasonable efforts to try to have Products that you have purchased delivered to you within the time frame specified in our delivery section. You will be notified by phone or e-mail if for any reason your purchased Products will not be delivered within the specified time frame, in which case you will be entitled to cancel your purchase unless you have already received the Products before you notify us of cancellation. EXCEPT FOR A REFUND, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO DELIVER ANY SUCH DATES OR FOR ANY LOSS OR LIABILITY WHATSOEVER AND HOWSOEVER CAUSED ARISING FROM SUCH FAILURE. If we are requested to deliver to an alternative address or location, the Products will be left at the alternative address or location at your own risk.
- 23. Damaged and Defective Products. If the Products you receive are damaged or defective or different from the Products you ordered and purchased, you will be entitled to a full refund. To get a refund, you must inform us within twenty four (24) hours of receipt of the goods of the damaged, defective or incorrect Products by (1) e-mail with confirmed delivery to firstname.lastname@example.org or (2) by writing to 6245 Rich Road SE #A. The reasonable cost of returning the damaged, defective or dissimilar goods shall be at our expense. If you do not notify us of the damaged, defective or dissimilar nature of the Products within the above time frame, you shall be deemed to have accepted the Products, you shall not be entitled to reject the Products and we shall have no liability for such damage or defect. Where you have provided notice to us of any valid claim relating to any defect in the quality or condition of the Products in accordance with these Terms, we will either replace the Products free of additional charges or offer you a full refund together with any reasonable costs incurred in returning the goods, but we shall have no further liability to you.
- 24. No Other Refunds. Except as stated in the preceding provisions regarding “Delivery,” “Damaged and Defective Products” or “Returns and Exchanges,” all Products are sold "as is" and all sales are final. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. Our Product warranties only go to the original purchasers and not to any later owners of Products we sell. Click here to read our Product warranty policy.
25. ADDITIONAL AUCTION-SPECIFIC RULES.
- 25.1 Payment. When you sign up for the Service, you will provide a payment method that is acceptable to us in order to register. We require a valid Visa or MasterCard and your authorization for an “auto credit card verification” which charges the card you give us a small amount between $ 1.00 and $ 2.00. However such amount is not captured and no funds are actually collected. This is for verification purposes only. You confirm that you are authorized to use the payment method. You authorize us to charge you for the Service using your payment method. If a credit card is used, valid credit card information is required for paying for all bids in our online processing. We also accept e-check via PayPal, cashier’s checks and wire transfers. You must contact us to arrange such payments within one (1) hour of the award of your winning bid. All payments must be made within twenty-four (24) hours of the auction close time. All amounts due must be paid in full before any Product is shipped, You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You can access and make changes to your billing account at My Account > Billing Details > Change Billing Info. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. For deliveries outside of the United States, full payment must be received and processed before any shipment.
- 25.2 Reserves. We will usually set reserves or minimum bids for Products offered for sale in our online auction sales. If a reserve price is set and if there is an estimate range, it will always be at or below the low estimate range provided for each item. We also are entitled to change the reserves or minimum bids these during the auction period. If an auction subject to a reserve ends and the reserve price is not met, you and we are both released from any obligation to complete the purchase of goods that was the subject of the same auction.
- 25.3 Duration. All auctions will typically last one (1) day. We may from time to time offer items for longer or shorter sale periods.
- 25.4 Early Termination. An auction may at our sole discretion be terminated at any time without notice.
- 25.5 Bidding Increments. Our auction software sets bid increments automatically as an auction progresses. The increments will be based on the minimum starting bid amounts. For examples only and not by way of limitation, if a starting minimum bid amount is $ 50.00, then the bid increments may be also $ 50.00 or if a starting minimum bid amount is $ 100.00, then the bid increments may also be set at $ 100.00. The specific auction will indicate what the incremental bids must be for such auction. All amounts in these Terms are in United States Dollars and Cents.
- 25.6 Bidding. Bidding is a binding legal contract in most of the United States. The laws of the State of Washington shall apply to all bids placed in our Service. When you bid on any item, a bid may not be withdrawn or retracted. Your bid shall remain a binding and valid offer for the auction term of any item. Bids can be made at any time until the auctions close. If your bid is accepted, you are subject to a legally binding contract with us. By placing a bid, you agree that you will purchase the item for the amount of your bid should you be the high bidder at closing. The only exception for any retracted shall be in the case of an obvious and serious error in the bidding process. If such an error has occurred, you must inform us immediately by email to email@example.com and include a description of the error. Immediate notification by you is necessary; time is of the essence given the nature of any auction. We at our sole discretion will make a ruling on the error and the decisions that we make will be final and incontestable. Bidding on the wrong item, changing your mind, or bidding a few dollars more than you wished are not grounds for bid withdrawal or retraction. WE FURTHER RESERVE THE RIGHT TO CANCEL ANY BID, EVEN AFTER ANY ACCEPTANCE, IF WE HAVE REASONABLE CAUSE TO BELIEVE THAT THE BIDDER VIOLATED ANY OF THE TERMS HEREIN. WE FURTHERMORE MAY REFUSE TO ACCEPT YOUR BID OR WITHDRAW ANY PRODUCT AT OUR SOLE DISCRETION WITH OR WITHOUT ANY SPECIFIC REASON.
- 25.7 Auction Closing. Usually our auctions will end at a specific time. However, at our sole discretion and in an effort to level the playing field and give everyone an equal chance regardless of equipment, internet connection speed, technical ability, or dexterity, we may extend auctions beyond the stated end time if there is bidding within the final few minutes of an auction. In our discretion, we may allow to be extended until a few minutes period where no bids have been received has elapsed. At that time, the auction will close. This is analogous to an auctioneer giving fair warning at a live auction before dropping the hammer. If any auction end time is extended, we will indicate the change of end time for any such auction. We are not obligated to extend auctions.
- 25.8 Following the close of an auction, if you were the high bidder, you will be informed automatically by email of your winning bid. Please see terms below for further details of the payment process and other related information about charges for any shipping, handling and insurance or sales taxes that are added to the winning bid. If for any reason payment is not made, we reserve the right at our sole discretion to (1) offer the item to the second highest bidder, (2) re-post the item for sale in a new auction, or (3) remove the item from the auction.
- 25.9 Email Notifications. Our auction software is designed to automatically inform you by email in the event that 1) you have submitted a bid, 2) your bid has been surpassed by another bidder, or 3) you have won the item you were bidding on. By registering for our Service, you agree to receive all automated emailing, including without limitation those relating to an auction and emails relating to other matters sent by us. You agree to maintain a valid email address as part of your registration Information at all times. If you change your email address, you must update your registration Information by going to My Account > Account Details > Change Account Info > Email Preferences. We are not responsible for you not receiving email notifications for any reason. Please ensure that the SPAM filter on your email program is set to accept emails from us.
26. ADDITIONAL READY-MADE SPECIFIC RULES.
- 26.1 Payment. You must make such payments within two (2) days of the award of your name selection.
- 26.2 Duration. All ready-made sales will typically be open for two (2) days. We may from time to time offer items for longer or shorter sale periods.
- 26.3 Early Termination. A ready-made sale may at our sole discretion be terminated at any time without notice.
- 26.4 Process. We will send you an email with ready-made items for sale with a link to submit your name to purchase an item. In order to qualify, you must submit your name for each item, then login using your registered username and password. Ready-Made items are finished and for sale as-is. You don’t have to pay anything to be eligible. However, you must comply with the Submission process described here and below if your name is chosen for any item.
- 26.5 Submission. To submit your name to purchase an item, you must enter your first and last name in the location designated by us then login using your registered username and password. Our ‘email list’ will be notified of the location. By submitting your name, you agree that you will purchase the item for the amount posted by contacting us within one (1) hour of the sale close to arrange payment should your name be selected as the winner. All amounts are due within twenty-four (24) hours of the sale close. If your name is selected as the winner, you are subject to a legally binding contract with us. If you decline, you agree to pay a $100 cancellation fee and understand this will result in removal from our list. The only exception for any name retraction shall be in the case of an obvious and serious error during the name submission process. If such an error has occurred, you must inform us immediately by email to firstname.lastname@example.org and include a description of the error. Immediate notification by you is necessary; time is of the essence. We at our sole discretion will make a ruling on the error and the decisions that we make will be final and incontestable. Submitting your name on the wrong item or changing your mind is not grounds for any withdrawal or retraction. WE FURTHER RESERVE THE RIGHT TO CANCEL ANY NAME SUBMISSION, EVEN AFTER ANY ACCEPTANCE, IF WE HAVE REASONABLE CAUSE TO BELIEVE THAT YOU VIOLATED ANY OF THE TERMS HEREIN. WE FURTHERMORE MAY REFUSE TO ACCEPT YOUR NAME OR WITHDRAW ANY PRODUCT AT OUR SOLE DISCRETION WITH OR WITHOUT ANY SPECIFIC REASON.
- 26.6 Disqualification. If you enter different names and/or email addresses for yourself or for more than once for one person, then you are subject to immediate disqualification. Likewise, if you enter any false information you are subject to immediate disqualification. Failure to follow the rules results in permanent disqualification from current and future sales.
- 26.7 Sale Closing. Usually our ready-made sales will end at a specific time. However, at our sole discretion and in an effort to level the playing field and give everyone an equal chance regardless of equipment, internet connection speed, technical ability, or dexterity, we may extend a ready-made sale beyond the stated end time. If any ready-made sale time is extended, we will indicate the change of end time. We are not obligated to extend ready-made sales.
- Following the close of a ready-made sale, if your name is randomly selected, you will be informed by email of your winning. Please see terms below for further details of the payment process and other related information about charges for any shipping, handling and insurance or sales tax that are added to the winning amount. If for any reason payment is not made, we reserve the right at our sole discretion to (1) randomly select another name from the list, (2) repost the ready-made item for sale, or (3) remove the item for sale entirely.
- 26.8 Random Selection. Our software assigns a number to each name that’s submitted, then totals the number of entries per item and randomly selects a number within the total’s range. One name is randomly selected for each item. As indicated earlier, if you submitted more than one name and email address for yourself, you are disqualified. We will not be responsible, however, for others who properly submitted their names and email addresses, if it turns out you should have been disqualified, whether or not we could have discovered the facts for such disqualification.
- 26.9 Email Notifications. A valid email address must be used during name submission for a ready-made sale. The email address that you enter will be used to notify you if your name is selected as the winner. If you change your email address, you must notify us of the change by promptly emailing us at email@example.com. We are not responsible for you not receiving email notifications for any reason. Please ensure that the SPAM filter on your email program is set to accept emails from us.
27. ADDITIONAL LOTTERY-SPECIFIC RULES.
- 27.1 Registration. To qualify, you must subscribe to our mailing list. This is not a wait list. No payment has to be made to participate in the Lottery. Once you join, you are in the Lottery for life.
- 27.2 Email Notifications. If your name is selected in the Lottery, we will send you an email to the email address subscribed to the ‘email list’. You must respond within the time frame designated by us to claim your order. Unsubscribing from the ‘email list’ disqualifies you from the Lottery.
- 27.3 Selection Process. Our Lottery consists of a random drawing from our mailing list. The names selected are offered the opportunity to order a custom knife at current pricing.
E. DISCLAIMERS; LIMITATIONS ON LIABILITIES AND REMEDIES.
1. We provide the Service “as-is,” “with all faults,” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, we provide no express warranties, guarantees, or conditions except for our specific Products’ warranties applicable to the Products offered for sale on the Service or the potential refunds described earlier. Product warranties can be read by clicking here and only extend to the original purchasers and not to any later owners. You may have additional rights under your local laws that these Terms cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIFIC PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, TREBLE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF GOODWILL OR LOST PROFITS, IMPAIRMENT OF BUSINESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSSES WHATSOEVER OTHER THAN DIRECT DAMAGES SUBJECT TO THE CAP ON DAMAGES AS EXPLAINED FURTHER BELOW. THESE PROVISIONS APPLY EVEN IF WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNOW OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES. IN NO CASE SHALL WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES INDIVIDUALLY OR COLLECTIVELY HAVE ANY POTENTIAL OR ACTUAL LIABILITY TO YOU IN AN AGGREGATE AMOUNT OF TOTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT OR GENERAL DAMAGES) FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE THAT IN THE AGGREGATE EXCEEDS IN TOTAL THE ACTUAL TOTAL PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC AUCTION ITEM THAT YOU PURCHASED. WE HAVE NO LIABILITY OF ANY KIND TO YOU IF WE CANCEL AN AUCTION OR OTHERWISE DECIDE NOT TO ACCEPT YOUR BID, AND ANY DECISION TO CANCEL AN AUCTION OR REJECT YOUR BID SHALL BE IN OUR SOLE DISCRETION AND OPTION. THIS CAP ON DAMAGES APPLIES PER PRODUCT. YOU MAY NOT ADD THE CAP FOR ONE PRODUCT TO THE CAP FOR ANOTHER PRODUCT TO INCREASE THE CAP. THE CAP PER PRODUCT IS BASED ON THE ACTUAL AMOUNT YOU PAID FOR SUCH PRODUCT. NOTHING HEREIN SHALL EXCLUDE, RESTRICT OR LIMIT IN ANY MANNER OUR RIGHTS AND REMEDIES OR YOUR LIABILITY IF YOU INFRINGE OR MISAPPROPRIATE ANY OUR INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OR IF YOU VIOLATED THE TERMS OF THIS AGREEMENT. INTELLECTUAL PROPERTY RIGHTS ARE DEFINED IN SECTION G BELOW. THE LIMITATIONS AND CAPS APPLY TO ANYTHING RELATED TO:
• the Service,
• content on the Service or on third party Internet sites, third party programs or third party conduct,
• any Product that you purchased,
• viruses or other disabling features that affect your access to or use of the Service,
• incompatibility between the Service and other services, software, and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, or
• claims for breach of contract, breach of warranty, products or strict liability, consumer protection claims, negligence, other tort or any other kind of claim.
As previously stated, these provisions apply even if
• a remedy does not fully compensate you for any losses, or fails of its essential purpose, or
• We knew or should have known about the possibility of the damages.
3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential or other damages.
4. CLAIM MUST BE FILED WITHIN ONE YEAR. To the extent permitted by law, any claim related to these Terms or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors, personal representative, estate, spouse and heirs.
F. ADDITIONAL LIMITS ON SERVICE.
We may establish limits on the Service. For example, we may limit
• the number of days the service will retain e-mail messages, message board postings and other content that we, you or other users may post or provide,
• the number and size of e-mail messages that you may send or receive through the Service,
• the number of transactions you can conduct through the Service.
G. INTELLECTUAL PROPERTY RIGHTS; LICENSES OR PERMISSION.
1. The term “Intellectual Property Rights” means United States and foreign intellectual property rights and/or industrial property rights arising under statutes, laws, regulations, common law, treaties, conventions, or other source, whether or not vested or inchoate, whether registered or unregistered, including, without limitation, all (i) provisional patents, patents applications, patents, including without limitation any patent applications filed or patents acquired at any time with respect to source code or software; (ii) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, moral rights, mask work rights, mask work applications, and mask work registrations; (iii) rights relating to the protection of trade secrets; (iv) trademark, trade dress, or service mark rights; (v) any right analogous to those set forth in this section and any other proprietary rights relating to intangible or industrial property; (vi) utility models, divisional, continuations, continuations-in-part, renewals, reissues, and extensions of the foregoing (whether now existing, hereafter filed, issued, or acquired), for any Intellectual Property Rights; and (vii) any license or similar rights obtained from third parties with respect to any of the rights set forth in this section but only to the extent that any such license or other rights may be sublicensed by the licensee thereto. The term "Invention" means inventions construed broadly and includes, but is not limited to, concepts, discoveries and ideas, whether patentable or not, including but not limited to computerized business methods, programs, methods, applications, designs, formulas, machines, methods, processes, product ideas or designs, and techniques, as well as improvements thereof or know-how related thereto.
2. We reserve all our own Intellectual Property Rights to the Service, including trademarks, service marks and trade dress and copyrights. You may not duplicate, copy, or reuse any portion of the Service (including any code) without advance express written permission from Kramer Knives.
3. This Service also contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright laws.
H. LINKS TO THIRD-PARTY WEB SITES.
THE SERVICE MAY INCLUDE LINKS TO third-party Web sites. These third-party Web sites are not under our control. If we include these links in the Service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by us of any third-party Web site, service or product. WE RESERVE THE RIGHT TO DISABLE LINKS TO ANY THIRD-PARTY WEB SITE THAT YOU OR OTHER USERS POST ON THE SERVICE.
I. APPLICABLE LAW AND PLACE FOR RESOLVING DISPUTES.
These Terms constitute a contract between you and us under the laws of the State of Washington, United States of America, regardless of any potential conflicts of laws. WE PROVIDE THE SERVICE FROM THE STATE OF WASHINGTON, UNITED STATES OF AMERICA. Any claim must be brought in a federal or state court situated in Seattle, King County, Washington.
J. INTERPRETATION OF TERMS; INTEGRATION.
These Terms shall be interpreted without regard to any rule disfavoring the party who drafted any specific term, condition or language. All parts of these Terms apply to the maximum extent permitted by law. A court may hold that that a portion of part of one of these Terms as written may not be enforceable. If this happens, then such part will be replaced with terms that most closely match the term or terms that may become unenforceable. The rest of these Terms will not change. These Terms constitute a contract and together with any codes of conduct and other notices we provide, constitute the entire Agreement between you and us regarding the Service. Anything that is not specifically included in these Terms are superseded by these Terms.
K. FORCE MAJEURE.
Time periods for our performance under any of the Terms shall be extended for periods of time during which our performance is prevented due to circumstances beyond our control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, acts of terrorism, war or other strife.
L. ADDITIONAL GENERAL CONDITIONS.
1. You understand that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking and related technology required to run the Service.
2. We may, but have no obligation to, remove content and terminate access or use by registered users that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any of the Terms.
3. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of other customers, we reserve the right to immediately suspend your account or otherwise limit your access until you reduce your bandwidth consumption. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between us and govern your use of the Service, superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms) with respect to the Service.
O. NO RIGHTS OF THIRD PARTIES.
No third party shall have any right to enforce any of the Terms regardless of whether such third party has been identified by name, as a member of a class or as answering a particular description.
Q. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS.
We are committed to compliance with the U.S. copyright laws. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify us if they believe that a registered user has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to our designated agent for receiving such notifications. The designated agent may be changed by us. Any such change will be in the most current version of the Terms and Conditions.
ATTN: Customer Support Section
6245 Rich Road SE #A, Olympia, WA, USA 98501 email: firstname.lastname@example.org
Any notice must be copied to our attorney:
Daniel D. Woo, Esq.
Law & IP Consultant Affiliates
PO Box 16500, Seattle, WA, USA 98116 email: email@example.com
Notification by email is insufficient for the notices required under this section. Notification must be made in writing. Notice to our attorney shall not substitute for nor constitute the notice required to be made to us.
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Kramer Knives to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.