TERMS OF USE

Thank you for visiting Albert Kemperle Inc.’s Website.

The following are the Terms of Use, which will apply to your access or use of the Website and its contents. Incorporated into these Terms of Use is Albert Kemperle’s Privacy Statement Please read these Terms carefully and discontinue your access and use of this Website if you do not agree to be bound by them.

  1. General Information

    Albert Kemperle, Inc. (“Albert Kemperle,” “we” or “our”) is a distributor of paint, paint equipment and paint related products in the automotive industry with its principal office located in the State of New York. Albert Kemperle operates a website www.kemperle.com which offers information about the company and general information that may be of interest to our customers or the public. Website content may include information and news about Albert Kemperle; Albert Kemperle’s locations; and contact information. Visitors to the Website may elect to use the Website to contact Albert Kemperle, to sign up to receive publications on specific topics or register for an Albert Kemperle event. No other products or services are offered through the Website.

  2. Acceptance of Terms and Conditions

    These Terms of Use and Incorporated Privacy Statement exclusively govern your access and use of the Website, unless expressly modified, in writing, in an agreement signed by us and you. BY VISITING, USING, BROWSING, POSTING OR OFFERING CONTENT OR SENDING INFORMATION THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND INCORPORATED POLICY STATEMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE AND REFRAIN FROM USING ANY OF ITS FUNCTIONS

  3. Modification of Terms and Conditions

    Albert Kemperle reserves the right, to the extent permitted by law and at our sole discretion, to modify, amend or update these Terms of Use and incorporated Policy Statements, from time to time, by posting the updated Terms of Use on the Website thirty (30) days before they become effective. Your continued use of this Website after that will constitute your acceptance of the updated Terms. If, at any time, you do not agree to the most recent version of our Terms, please cease using the Website.

  4. No Guarantee

    Albert Kemperle works hard to provide useful and interesting content on the Website. You understand and agree that Albert Kemperle cannot guarantee that all of the information on the Website will be accurate, complete or current, or that you will achieve any specific result or outcome based on the information contained on the Website. Albert Kemperle assumes no liability and you assume all risk of the use of the Website and its contents.

  5. Temporary Interruptions

    You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. Neither you or we have control over the third-party networks or services that are used to offer or access the Website. You agree that your access to and use of the Website is provided “AS IS” and that we assume no responsibility in regard thereto.

  6. Third-Party Websites and Information

    Albert Kemperle’s Website may contain links that redirect or link to third-party websites that we do not operate or control. Our Website also may otherwise include references to information or services made available by third parties. We provide the links solely as a courtesy to our Website visitors. Although Albert Kemperle tries to provide links to trusted, reputable and secure websites and information, we cannot and do not endorse your use or access or make any warranties, express or implied, regarding their information, products or services.

    Some websites may contain information, material or policies that some may find inaccurate, inappropriate or personally objectionable. You agree that Albert Kemperle is not responsible for the accuracy, completeness, decency or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites or any damage you may sustain as a result of or in connection with your access to or use of third-party websites, products or services.

  7. Albert Kemperle Intellectual Property
    • Website Content. For purposes of these Terms of Use and incorporated Policy Statements, “Website Content” is defined as any information, communications, software, published works, photos, videos, graphics, music, sounds or other material that can be viewed by users on the Website unless identified otherwise.
    • Ownership of Content.By accepting these Terms of Use, you agree that all Website Content is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Albert Kemperle. All custom graphics, icons, logos and service names are registered trademarks, copyrights or service marks of Albert Kemperle or licensed by Albert Kemperle for its use. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, copyright, service mark and/or the name of Albert Kemperle.
    • Limitations on Use of Content. You may download, copy or print Website Content for your own use or reference in the future. You are not authorized and may not use or distribute Website Content for 1) any commercial use or purpose; 2) without attribution to Albert Kemperle and/or the specific author identified as the source of the material; or 3) without Albert Kemperle’s prior permission. You may link to Albert Kemperle’s website with our permission and so long as the link properly identifies Albert Kemperle and the link is not “framed.”
    • No warranty for Third-Party Infringement.We do not warrant or represent that your use of materials displayed on or obtained through this Website will not infringe the rights of third-parties. If you believe that any Website content infringes on your intellectual property interest, please notify us by providing the information to info@kemperle.com.
  8. Website Accessibility Statement

    The Website and its content are dynamic, and technology is constantly evolving. Albert Kemperle tries to ensure that the Website is useful, aesthetically pleasing and reasonably accessible to the widest audience possible. However, it is impossible to ensure that unforeseen issues will not arise in the future that may affect the ability of some individuals to access some or all Website content. If you are having any specific difficulty using the Website, please contact our accessibility contact at info@kemperle.com or telephone us at 1-855-265-6997 so that we may assist you. Albert Kemperle welcomes any feedback on how to improve the Website’s accessibility for users in the future.

    Albert Kemperle cannot and does not make any representation or warranty that third-party content or third-party websites to which we provide links will be accessible for your purposes.

  9. DISCLAIMER

    ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

  10. Limitation of Liability and Indemnification

    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

    To the extent permitted by law, you agree to defend, indemnify and hold us harmless from all liabilities, claims and expenses, including, but not limited to, attorney’s fees or costs that may arise from your use or misuse of this Website, or your violation of these Terms of Use or the incorporated Policy Statements. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  11. Termination of Use

    Albert Kemperle may discontinue and prevent any individual from accessing or using the Website if it determines, in its sole discretion, that the user has violated these Terms of Use or incorporated Privacy Statement or acted in such a way as to interfere with the Website or its enjoyment by others, or for improper, illegal or inappropriate purposes, including but not limited to deliberately disseminating spam, malware or other deceptive or damaging computer code.

  12. International Use

    Although this Website may be accessible worldwide, we make no representation that the Website or its Content is appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction.

  13. Miscellaneous Provisions
    • Governing Law. This Website and its content are provided by Albert Kemperle from its offices in Amityville, New York, and the laws of the State of New York shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in the County of Suffolk, State of New York.
    • Use by Children We do not offer products or services for sale to children under 18. By using this Website, you are representing to us that you are 18 years or older. We will not be a liability for any damages that may result from misrepresentation of age by a user of our website.
    • No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Website beyond the limited rights granted to you hereunder.
    • Savings Clause. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
    • No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
    • Entire Agreement. These Terms of Use and the Incorporated Policy Statements constitute the entire agreement and understanding between the parties concerning your use and access of the Website and supersede all prior agreements and understandings of the parties with respect thereto.