Terms of Use
Welcome to www.kampspallets.com, which is maintained and operated by Kamps, Inc. and its subsidiaries (“Kamps”, the “Company,” “us,” “we” and “our”).
Please read these Terms of Use (“Terms”) carefully as they govern your use of www.kampspallets.com, as well as its various pages (including subdomains) and any other websites that currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms (collectively, the “Site”). For purposes of these Terms, “you” and “your” refer to (a) you, the individual accessing the Site, (b) any electronic agent accessing the Site on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site.
- LEGAL AGREEMENT
These Terms are a legal agreement between you and us and contain important information regarding your legal rights, remedies, and obligations. By accessing, browsing, or otherwise using the Site, you: (i) acknowledge you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules, and regulations—including but not limited to those related to data privacy, international communications, and the transmission of technical or personal data—with respect to your use of the Site; and (iii) represent you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside.
Your access to the Site is conditioned on your agreeing to all of the Terms, including your compliance with our policies, including our privacy policy (“Privacy Policy”). You may find our Privacy Policy here.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY, AND ALL OF THEIR PROVISIONS.
- INFORMATIONAL PURPOSES ONLY/LIMITATIONS ON USE
The information and content provided on the Site (the “Content”) are for general informational and educational purposes only and Kamps, by means of hosting of the Site, is not rendering professional advice or services. The Content is not intended to be an exhaustive explanation of any topic or subject matter. While we believe the Content available through the Site is accurate, Kamps makes no representation or warranty as to the completeness or accuracy of the Content and you should independently verify the accuracy and usefulness of such Content. In particular, this includes information regarding pallet programs and other such materials as the recommendation and execution of these programs varies on a case-by-case basis. Moreover, the Content displayed on the Site may be delayed or otherwise not up to date. Kamps shall not be responsible to any party who claims a loss or damages from its use or reliance on the Content.
By using this Site, you agree you shall not (and shall not allow any third-party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site. You further agree not to modify the Site or use the Site for any purpose that is unlawful or prohibited by these Terms. You also agree to reimburse us for any damage, loss, cost, or expense we incur, including any legal fees, because of your use of the Site for any unlawful or prohibited purpose.
- PRIVACY
We respect your privacy. Our Privacy Policy constitutes a part of these Terms and explains how we collect, use, and protect your personal information. By accepting these Terms, you agree to our collection and use of your personal information as described in our Privacy Policy.
- INTELLECTUAL PROPERTY
Kamps is the exclusive owner or licensee of all the Content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark, and patent rights (the “IP”). For this purpose, Content also includes all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos, and service-marks, whether or not registered (collectively, the “Marks”) relating to or constituting our IP are our exclusive property. The Site and the Content are protected by copyright, trademark, and other laws of the United States and all other applicable jurisdictions. Nothing in these Terms gives you the right to use or reproduce any of our trademarks, logos, domain names, and other distinctive brand features without our written consent, which may be withheld in our sole discretion. Unauthorized use of any of the Marks or Content is strictly prohibited by law, and you may not reproduce, copy, modify, distribute, transmit, display, perform, publish, or otherwise exploit, through any means or media, any of our IP or Marks. Finally, all third-party trade names, trademarks, logos, and service marks, if any, that appear in or on the Site are the property of their respective owners.
We may prevent unauthorized use of the Site via technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will result, at minimum, in the termination of all your rights under these Terms.
- THIRD-PARTY WEBSITES
The Site may contain links to websites of third-parties. If you click these links, you will leave our Site. These third-parties and their websites are not under our control, and our Terms and Privacy Policy do not apply to them. We are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites.
You expressly release us from any and all liability arising from your use of any third-party website, service, or content. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party websites and/or their providers.
- DISCLAIMERS/limitation of liability
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND/OR THE CONTENT IS AT YOUR SOLE RISK.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR YOUR USE OF THE SITE, INCLUDING FOR ANY CLAIM OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. OUR TOTAL LIABILITY FOR CLAIMS BROUGHT PURSUANT TO THESE TERMS OR YOUR USE OF THE SITE (OR ANY PORTION THEREOF) SHALL BE LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
If any particular type of damage cannot be waived or disclaimed under the law, then the remainder of the disclaimer will remain valid and continue to disclaim every other form of damage that may be disclaimed under the law.
- PROCEDURE FOR MAKING COMPLAINTS
If you believe that your rights are being violated in any way by any Content on this Site, please contact us at [email protected] or at Kamps, Inc., Attention: Legal Department, 665 Seward Avenue NW, Suite 301, Grand Rapids, MI 49504.
- STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site that you may have must be filed within one year after such claim or cause of action arose or be forever barred.
- MODIFICATIONS
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the posting of the revisions to the Site. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. You will have no claim, complaint, or demand against us for applying such changes or for failures incidental to such changes.
- INDEMNITY
You agree to defend, indemnify and hold harmless us (including our affiliates), as well as our respective employees, contractors, agents, professional advisers, members, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Site, including any data or Content transmitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.
- GOVERNING LAW/VENUE
You agree the laws of the State of Michigan, United States of America, shall govern these Terms, and that such laws: (a) shall govern without regard to any conflict of laws principles; and (2) shall govern with respect to all matters arising out of or relating to your access to, and/or use of, the Site, including all disputes between you and us.
You further agree that: (a) any dispute or claim arising out of or related to these Terms or your use of the Site may only be brought in the courts located in the State of Michigan; (b) you submit to the personal jurisdiction of such courts; and (c) you waive any objection to the venue of such courts.
- WAIVER
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
- SEVERABILITY
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
- ENTIRE AGREEMENT
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us.
Last Updated: April 30, 2024