Legal Terms and Conditions

Applicability of Terms and Conditions

The following terms and conditions govern the sale of products and services by Kuvedina, LLC (the "Company"). By using this web site and/or accepting delivery of products or services from Kuvedina, the Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE DIRECTLY FROM KUVEDINA TO CUSTOMER, UNLESS CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH KUVEDINA.

Kuvedina reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by KUVEDINA.

Site Content and Ownership

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, images, illustrations, designs and photographs. Said copyrights, trademarks, trade dress or other intellectual property is owned, controlled, or licensed by Kuvedina LLC (the "Company") or its subsidiaries and affiliates (collectively, "Companies") or are the property of their respective owners. Unauthorized use of any Kuvedina LLC marks may be a violation of federal, state or international trademark laws. Portions of this site may be subject to third party copyrights.

Terms of Use

Customer agrees and represents that it is buying products or services from kuvedina for its own internal use and not for resale.

We grant you permission to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of making a single copy for your personal, non-commercial use, provided that you do not modify the Site and that you maintain all copyright and other proprietary notices contained in the contents of the Site. Except in connection with placing an order or making a single copy of any portion of this Site, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this Site, in whole or in part. You may not copy, reproduce, redistribute, republish, commercially exploit, download, display, post electronically or mechanically, transmit, record, or in any manner mirror, the contents of this Site without the prior written permission of the Company or the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted or otherwise protected, material. Any links to the Site must be text-only links, clearly marked and pointed to the Site's home page and not to other web pages within the site and must display the Site on full-screen and not within a "frame" on the linking web site. The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company's name and marks and may not create the false appearance that you or your organization or entity is sponsored by, affiliated with, or associated with the Company.

Payment Terms; Orders; Quotations

Payment by credit card must be received by Kuvedina prior to Kuvedina acceptance of Customer's order, unless some other pre-arranged method of payment has been accepted by KUVEDINA.

Orders are not binding on KUVEDINA unless accepted by KUVEDINA. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by KUVEDINA.

Any quotation provided by KUVEDINA will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for 48 hours from date of quotation.

Prices; Shipping and Handling Charges; Taxes; Interest

Prices and configurations shown are subject to change without prior notice at any time before acceptance of Customer's order. KUVEDINA is not liable for typographical errors or omissions and mistakes on quotations or prices.

Prices shown do not include charges for shipping and handling or for applicable sales/use taxes. Customer is solely responsible for applicable shipping and handling charges and taxes. Unless Customer provides KUVEDINA with a valid government or nonprofit tax exemption certificate, taxes will be charged for orders shipped to states in which KUVEDINA is obligated to collect and report such sales.

Title

A limited warranty statement for Kuvedina branded products and services is included with the documentation for each product or service provided to the Customer. KUVEDINA reserves the right to modify its warranty statements at any time, in its sole discretion. The current warranty statements can be viewed online.

THE COMPANY IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, ITS VENDORS, OR ANY PRODUCTS YOU MAY ORDER THROUGH THIS SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH THE COMPANY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.

Software License and Warranty

All software is provided subject to the applicable end-user license agreement included with the product. Warranties, if any, for the software shall be in accordance with the license agreement. Some software may differ from its retail version (if available) and may not include user manuals or all program functionality.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, AND LOSS OF USE, DATA, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE OR PRODUCTS PURCHASED THROUGH YOUR USE OF THIS SITE. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH WHICH LIABILITY ARISES.

Vendor Information

The Company attempts to ensure that the information that it provides on the Site with respect to its vendors and partners is correct, but does not represent or warrant that such information is accurate, complete or current. You should visit the sites of our vendors and partners to verify any information. The use of vendor and partner names and logos on this site is not meant to imply any relationship or affiliation with the vendors and partners other than that of vendor or partner.

Binding Arbitration; Governing Law

Customer and KUVEDINA acknowledge and agree that any claim, dispute, or controversy between Customer and KUVEDINA arising from or relating to (i) these terms and conditions of sale, including the validity of this binding arbitration provision; or (ii) the purchase or use of any product or service from KUVEDINA (each, a "Dispute") shall be resolved EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER NAF'S CODE OF PROCEDURE THEN IN EFFECT. CUSTOMER UNDERSTANDS THAT, IN THE ABSENCE OF THIS PROVISION, CUSTOMER WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT IN FRONT OF A JUDGE OR JURY, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT CUSTOMER HAS EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses (including but not limited to attorneys' fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such other proceeding.

Information about the NAF is available on line at http://www.arb-forum.com, by phone at 800-474-2371 or by writing to P.O. Box 50191, Minneapolis, MN, 55405. For the purposes of this Section only, the term "KUVEDINA" means KUVEDINA, LLC and each of their officers, directors, employees, agents, beneficiaries, assigns and component suppliers; and the term "Customer" means Customer, or those in privities with Customer, such as Customer's family members, beneficiaries and/or assigns.

If NAF should cease operations, Customer and KUVEDINA shall agree on another arbitration forum. The arbitration shall be held at a reasonable, mutually agreed upon location by submission of documents, by telephone, online or in person as selected by Customer. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between Customer and KUVEDINA. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If Customer prevails in the arbitration of any Dispute with KUVEDINA, KUVEDINA will reimburse Customer for any fees Customer actually paid to NAF in connection with the arbitration. Any decision or award of the arbitrator rendered in such arbitration proceeding shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

This binding arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Except for this arbitration provision, these terms and conditions of sale and any related purchases shall be governed by the laws of the State of Illinois without regard to conflict or choice of law provisions.

Service and Support

Kuvedina Technical and Customer Support Center personnel will attempt to help with any problem involving Kuvedina branded products. However, the Support Center personnel may not be able to resolve every given problem.

No Assignment

Customer may not assign its rights or obligations under these terms and conditions without the express written consent of KUVEDINA.

Severability

If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.

Entire Agreement

These terms of sale constitute the entire and sole agreement between KUVEDINA and Customer and supersede all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.

This web site is provided by KUVEDINA