Website Terms of Use and Privacy Policy

(last updated May 7, 2008)

This Terms of Use and Privacy Policy (the "Policy") is an agreement between you and KWC America Inc. ("KWC"), with a principal place of business at 1770 Corporate Drive #580, Norcross, Georgia 30093, that governs your use of the KWC web site, located at www.kwcamerica.com ("our website"). You agree to read this Policy carefully before using our website. Your use of our website signifies your agreement to the terms and conditions of the Policy set forth below. If, however, you or your employer has a separate written contract with KWC ("Your KWC Contract"), to the extent that the written terms of Your KWC Contract relates to certain areas of our website, Your KWC Contract shall supersede this Policy and govern your use of those certain areas.

KWC reserves the right to change this Policy at any time, so we encourage you to review this web page periodically. You acknowledge and agree the changes will be effective immediately when posted, regardless of whether you actually viewed the changes. Your use or continued use of our website following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy. If you do not accept this Policy, you may not use our website.

Privacy Policy

At KWC we respect the privacy of our website visitors. We use personally identifiable information collected during or as a result of your use of our website to better serve your needs and to administer our website and for other purposes related to the businesses of KWC and its affiliated or parent companies. Such information includes but is not limited to information you enter into our website as you use its various features, as well as your IP address. Information may be used to diagnose system problems, analyze system use, obtain user profiles, analyze web activity patterns and user demographics, facilitate user identification and communication with user, and various other purposes.

Users of our website are not required to register for access to public pages of our sites. However, log-in or registration is required for access to non-public pages and/or participation in various promotions and contests that KWC may run from time to time. Any information provided by users during a log-in or registration process may also be used for the purposes described above.

KWC may contact you about your account status or with legal notices such as changes to any policies relevant to you. KWC may also use the personal information gathered from our website to complete your requests and send you information about KWC. This information may include, but is not limited to, notifications of new products and services on our website or provided by some of our partners. Except with respect to legal notices, users may opt-out of receiving future mailings from KWC and other entities by following the instructions set forth in the "Control of Personal Information" section below.

To the extent that users follow links that may exist in our website to access other websites, users are advised that KWC has no control over the policies governing those other websites, and the owners/administrators of those websites are not bound to the terms of this privacy policy nor is KWC responsible for the content of privacy policies of those websites. In addition, KWC does not guarantee or attest to the accuracy and completeness of information obtained through those links. Accordingly, KWC will not be held liable for decisions made based upon information on these linked websites and such links should not serve as an endorsement of those websites.

To the extent that users of our website access any public forums that may exist in our website, including but not limited to bulletin boards, chat rooms and user group communications, you are advised that any information disclosed in these forums can enter into the public domain. KWC bears no responsibility for its protection or further dissemination. You acknowledge that transmissions to and from our website are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to KWC, no confidential, fiduciary, contractually implied or other relationship is created between you and KWC other than pursuant to this Policy or Your KWC Contract, if any.

Disclosure of Personal Information

We may also collect customer information on an aggregate basis and disclose the aggregate data to prospective partners or other outside parties. Aggregate customer statistics are not personally traceable to you.

KWC may post collected data on our website or share, rent sell or otherwise disclose data to third parties. Any third party to which KWC shares, rents, sells or otherwise discloses personal data will be carefully pre-screened by KWC, determined by KWC to be reputable, and will use the personal data for marketing products and services which KWC determines, in its sole judgment, that visitors might find of interest. KWC will disclose to third parties only information knowingly and voluntarily disclosed by visitors.

Other than as explained above, KWC will not disclose your personally identifiable information to outside parties except: (i) to the extent necessary to provide you with a service you purchased from KWC, which is provided by a third party under contract with KWC, (ii) when we believe in good faith that any applicable law, regulation, or legal process requires disclosure; (iii) when we believe disclosure is necessary to protect or enforce our rights or the rights of another customer; or (iv) under urgent circumstances to protect the personal safety of users or members of the public. We may also provide information to governmental agencies or other companies assisting us in fraud prevention or investigation, when: (1) permitted or required by law; (2) attempting to protect you, another customer or KWC against actual or threatened fraud; or (3) investigating fraud that has already taken place.

Control of Personal Information:

To the extent that KWC uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes, it is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information.

KWC allows you to change or modify the information you have previously provided to us. Upon request via e-mail or postal mail, KWC will provide you with a summary of any of your personal information retained by KWC. You may modify, correct, change, or update your personal record on KWC’s database. KWC will only send personal records to the e-mail address on file for the visitor name associated with it. Upon request, KWC will also remove your personal information from its database, thereby canceling your registration, if any, and your license and permission to use our website. Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

Our website also provides you the opportunity to opt-out of receiving all marketing communications via your e-mail account from our partners or KWC. To opt-out of these e-mails, change or modify your personal information or cancel your registration, please send an e-mail to unsubscribe@kwcamerica.com

Our Use Of "Cookies" and Other Technology

KWC may place an electronic "cookie" in the browser files of a user’s computer. Cookies are pieces of information that a web site transfers to an user’s computer hard drive for record-keeping purposes. Cookies themselves do not enable us to access any personal information about visitors; however, they do allow KWC to analyze use of our sites. KWC does not use cookies to retrieve information from a visitor’s computer that was not originally sent in a cookie. We use cookies and other technology to recognize when you visit our website so that you do not need to re-enter all of your registration data at each connection, as well as to store and track customers’ preferences and uses of our website. We also use cookies that contain no personal information. These cookies help us estimate the number of customers using our website, determine which areas of our website are the most appealing and serve targeted advertising. The use of such technology is now common throughout the industry and you will encounter them on most web sites. You may adjust your browser setting to reject all cookies; however, please note that if you do so, KWC may prohibit you from participating in certain services or promotions.

We may also use technology such as clear GIFS on our website to help us better manage content on our website. We also may use clear GIFS in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of most of these emails, please see the "Control of Personal Information" section.

Information about Children

We do not knowingly post or collect personally identifiable information from children under the age of sixteen (16) without a parent or guardian’s consent. If a parent or guardian contacts us at unsubscribe@kwcamerica.com to inform us that an underage child has provided us personal information without their consent (information should be sufficiently detailed to allow KWC to correctly identify the child in its database), KWC will remove the information about the child from our marketing database.

General Comments on Privacy

While KWC has endeavored to create a secure and reliable site for its customers, KWC cannot ensure or warrant the security or confidentiality of any information customers transmit to and from our website. You are the ultimate controller of personal information. You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online. KWC will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form. However, transmissions made by means of the Internet cannot be made completely secure.

California Privacy Rights

Once a calendar year, California residents who provide personal information in obtaining products or services for household use are entitled to request and obtain from KWC information about the customer information that we shared, if any, with other businesses for their direct marketing uses, such as the types of information shared and the names and addresses of those businesses for the prior calendar year. To request such information, please contact us at Davidd@kwcamerica.com.

Terms and Condition of Our Website Use

KWC owns or protects its use of third party copyrights, trademarks, and other intellectual property contained within our website. Allowing you access to this intellectual property through our website, or through materials including but not limited to literature and other printable media that may be downloadable from our website or obtained through web generated requests, does not constitute any grant of other intellectual property rights, license or other interest by KWC to you. Other than as set forth above, KWC retains all right, title and interest in and to our website, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.

You may use our website only in the manner intended. The primary intent is to provide you with information about the purchase and use of our products and services. Other intended uses are self-explanatory in various sections of the website. You may not use for resale or commercial purposes any collection and use of any product listings, descriptions, or prices, any downloading or copying of account information for the benefit of another company, or any use of data mining, robots or similar data gathering and extraction tools. Moreover, you may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including but not limited to images, animations, video, text, page layout, or form) of our website without express written consent. You may not use any meta tags or any other "hidden text" utilizing KWC’s name, domain name or trademarks without KWC’s express written consent. Any unauthorized use immediately terminates any permission or license granted by KWC to use our website.

You are not authorized to download, copy, reproduce, modify, transmit, transfer or create derivative works from any of the pages of our website, or elements of the pages including but not limited to images, frames, logos, drawings and specifications other than for purposes intended by KWC as expressed or implied on the website. Reproduction on websites not owned or controlled by KWC is strictly prohibited without prior written authorization of KWC. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of our website.

You represent, warrant and covenant that: (a) you shall not upload, post, transmit to, distribute or otherwise publish through our website any materials which (i) restrict or inhibit any other user from using and enjoying our website; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold KWC, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Policy or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. KWC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of KWC.

KWC may change, update, add, suspend or discontinue any aspect of our website at any time, including the availability of any our website’s features, databases or content. KWC may also impose limits on certain features and services or restrict your access to parts or all of our website without notice or liability.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AND KWC EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO OUR WEBSITE OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE, SITE-RELATED SERVICES AND ANY LINKED SITE. KWC DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KWC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITON, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KWC AND IS SPONSORS AND AFFILIATES ARE NOT LIABLE TO USERS FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE, WHETHER BASED IN TORT OR CONTRACT LAW, ARISING OUT OF OR RELATING TO IN ANY WAY THE USE OF OUR WEBSITE, SITE-RELATED SERVICES AND/OR CONTENT CONTAINED WITHIN OUR WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE AND/OR SITE RELATED SERVICES IS TO STOP USING OUR WEBSITE AND/OR THOSE SERVICES.

CONTENT ON OUR WEBSITE AND INFORMATION DOWNLOADED FROM OUR WEBSITE ARE NOT WARRANTIED OR GUARANTEED. KWC IS NOT LIABLE FOR INACCURACIES, OMMISSIONS, OR OTHER DEFECTS IN THE CONTENT OR FUNCTIONING OF OUR WEBSITE.

THIS DISCLIMER MAY NOT APPLY TO YOU IF YOU LIVE IN A STATE WHERE SUCH EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE NOT ALLOWED. IF THIS IS THE CASE OUR MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $5.00.

KWC does not and cannot review all materials posted to our website by users, and KWC is not responsible for any such materials posted by users. However, KWC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in KWC’s sole discretion are objectionable or in violation of this Policy.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to our website, you hereby grant to KWC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against KWC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

Governing Law

This Policy is entered into and governed by the laws of the State of Georgia in the United States of America, exclusive of any choice of law rules. ANY DISPUTES ARISING FROM USE OF OUR WEBSITE OR ITS CONTENT SHALL BE HEARD IN THE STATE AND/OR FEDERAL COURTS IN THE COUNTY OF GWINNETT IN THE STATE OF GEORGIA. EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE AND PERSONAL JURISDICTION OF THESE COURTS, AND WAIVES ANY JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

Any cause of action you may have with respect to your use of our website must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Policy, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Policy are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This Policy constitutes the entire agreement between the parties hereto pertaining to your use of our website, and any and all written (except to the extent Your KWC Contract governs your use of the our website) or oral agreements heretofore existing between the parties hereto are expressly canceled.