Welcome to the KM Tools web site (“the Site,” “we,” “us,” or “our”). KM Tools provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using this Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, KM Tools reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
All of the content that appears on the KM Tools web site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by KM Tools. The entire content of the KM Tools web site is copyrighted as a collective work under U.S. copyright laws. KM Tools grants you a limited license to access and make personal use of the content on this website. Content of the KM Tools website is intended solely for the personal, noncommercial use by the users of our Site.
You cannot access or use the KM Tools website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although KM Tools cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the KM Tools website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Violations of system or network security may result in civil or criminal liability. KM Tools investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a KM Tools server or account that you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
Correction of Site Errors
The information on the KM Tools website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
Third Party Links
To improve our Site, KM Tools may use and promote services provided by outside third parties. However, even if the third party is affiliated with KM Tools, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website.
Product and Pricing Information
Although KM Tools has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and KM Tools cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. KM Tools is not responsible for typographical errors regarding price or any other matter.
As between you and KM Tools (or any other company whose marks appear on the Site), KM Tools (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The KM Tools logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “KM Tools Intellectual Property”) are owned by KM Tools and may be registered in the United States and internationally. You agree not to display or use KM Tools Intellectual Property in any manner without KM Tools' prior permission. Nothing on the Site should be construed to grant any license or right to use any KM Tools Intellectual Property without the prior written consent of KM Tools. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by KM Tools. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
Notice and procedure for claims of copyright or intellectual property infringement
If you believe that any content appearing on the Website, including content created and/or displayed by KM Tools or other material provided through a link, infringes your copyright or intellectual property, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to email@example.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:
To be effective, the notification must be in writing and contain the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
i.a description of the copyrighted work that you claim has been infringed;
iii.a description of where the material that you claim is infringing is located on the
Website that is reasonably sufficient to enable us to identify and locate the material;
iv.how we can contact you, such as your address, telephone number and e-mail address;
v.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
vi.a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Although we will make every effort to respond quickly to applicable email messages, KMTools.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding KMTools.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through KMTools.com shall become and remain the property of KM Tools. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.