Last updated: 4/5/23

This website (https://kirktronics.com, “Site”) is owned and operated by Kirktronics, LLC (“Kirktronics” the “Company”, “we,” “us,” “our”) and all subsidiaries, parent entities, divisions, departments and affiliates of Kirktronics (collectively, “Kirktronics” “we,” “us” or “our”). If you do not agree to these Terms and Conditions (“Terms”), our Privacy Policy, or other notices referenced in these Terms, please do not use our Site, Products or the Services as your use is conditioned on your acceptance of them.

 These Terms apply to all users of the Site (“you”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Terms govern the Site and all information, tools, products and services (collectively, the “Services”) to the extent not covered by a more specific agreement signed by the parties.

Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any Services. If the Terms are considered an offer, acceptance is expressly limited to these Terms.

• Purchases, Returns and Exchanges. Kirktronics.com is an online e-commerce store, to sell our products (the “Products”). Our Products are subject to return or exchange only in accordance with our Return Policy. In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Services will be to return the product per the standards outlined in our Return Policy. After the return period has expired, all sales are final, and we will not accept returns or issue refunds. We may limit the sales of our Products to any person, geographic region or jurisdiction, and limit the quantities of any Products that we offer. We will exercise this right in our sole discretion on a case-by-case basis. All Product descriptions and pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time or refuse their sale at any time for any reason. We may terminate the sale of Products for violation of these Terms.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product or Service. An offer for any Product or Service made on this Site is void where prohibited.

In offering product descriptions on the Services, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.

To purchase any Products or services through the Services, you must: (a) be at least eighteen years of age, (b) provide us with current, complete and valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the Products or Services that you request, together with any taxes, fees, or shipping charges described on the Services.

You also agree to promptly update your account and other information, including your email address and credit card if saved or other payment method and associated expiration dates, so that we can complete your transactions and contact you as needed.

• Personal or Business Use Only. All orders of our Products must be for personal or business use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform (including but not limited to Amazon, Etsy, eBay, Alibaba or other similar sites) is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if we have reason to believe that your order is not for personal or business use.

• Prohibited Uses. You are prohibited from using the Site or its content (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Products, the Services or any related website for violating any of the prohibited uses.
• Registration and Access Restrictions. You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.

You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify us immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.

When you sign up for or use our products and services, you may give us permission to access your information in other services.  For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email).  The information we get from those services often depends on your settings or their privacy policies.

• Intellectual Property Rights. You agree to respect Kirktronics intellectual property rights, including the following:

• Software. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in any Kirktronics software. Any rights not expressly granted in these Terms are reserved by Kirktronics.
• Name and Logos. The Kirktronics name and logos are trademarks and service marks of Kirktronics (collectively the “Kirktronics Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kirktronics. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kirktronics Trademarks or third party Trademarks displayed on the Services, without our, or such third party’s as applicable, prior written permission in each instance. All goodwill generated from the use of Kirktronics Trademarks will inure to Kirktronics exclusive benefit.
• Material on the Site. Except where noted otherwise, all material on the Site and any variations of it is copyrighted by Kirktronics or one of its member firms. No part of the materials on the website, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without our written permission or, in respect of local content on an individual country site, the written permission of the relevant member firm.
• Third Party Material. The Services may include or incorporate third party material. These third parties are not under Kirktronics control. Under no circumstances, to the fullest extent permitted by law, will Kirktronics, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material on or through the Services. You must evaluate, and bear all risks associated with the use of any third-party material, including any reliance on the accuracy, completeness, or usefulness of such material.
• Digital Millennium Copyright Act Notice. Kirktronics respects the intellectual property rights of others and you are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing. If you believe our Intellectual Property, Products, Services (or any portion of them) infringes your copyright, please provide a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; a description of the copyrighted work that you believe has been infringed; the location of this allegedly infringing material; your address, telephone number and email address and any other pertinent information sufficient to allow Kirktronics to contact you; 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 the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Notices of claimed copyright infringement should be directed to Kirktronics: Kirktronics, LLC, 102 Jones Street, Landrum, SC 29356. Attn: Legal or by email to contact@Kirktronics.com (with “notice of infringement” in the subject line).
• Submissions. You are solely responsible for all creative ideas, reviews, testimonials, photographs, videos, images, information, data, text, software, music, sound, graphics, messages, suggestions, proposals, plans or other materials (“Submissions”) that you upload, post, publish or display, whether publicly or privately transmitted, by email, postal mail or otherwise via the Site and Services.  Submissions also includes anything provided by you through third party services such as your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Submissions mentions, tags or otherwise interacts with Nasaldose, the Site, Services or any of our brands, products or services. We take no responsibility and assume no liability for any Submissions or comments posted by you or any third party.

When you provide Submissions, you grant us a non-exclusive, royalty-free, worldwide, fully paid up, perpetual, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to copy, upload, use, reproduce, transmit, modify, store, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted by you. By providing Submissions through the Services, you represent, warrant and covenant that you own those Submissions or otherwise have the right to grant to us the rights described in this section.

We do not guarantee that Submissions will be private, even if the Submission is in a password-protected area. You should not provide Submissions that you want protected from disclosure. We may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, sexually explicit, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. However, we will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, Submissions, and you agree that neither we nor our employees or agents will be liable for Submissions or any loss or damage to you and any other person or entity resulting from Submissions.

You agree that your Submissions: will be accurate and will comply with these Terms; will be original with you or you have all necessary rights from third parties in order to post the Submissions on our Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize us to exploit, such Submissions in all manners contemplated by these Terms; will not cause injury to any person or entity, including as used by us in accordance with these Terms; will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable; will be respectful of others’ opinions so we can continue to offer interactive features for everyone to enjoy; will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law; will not impersonate any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company; will not include other people’s personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual; will not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam”; will not contain advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent; and will not violate applicable local, state, federal, and international laws or regulations.

We specifically disclaim any and all liability in connection with any Submissions posted by you or any other users. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to: contact@Kirktronics.com.

• Disclaimer of Warranties. You agree to the following disclaimer:

USE OF ANY PORTION OF THE PRODUCTS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIRKTRONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

KIRKTRONICS MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS OR SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, (D) WILL MEET YOUR EXPECTATIONS OR (E) THAT KIRKTRONICS WILL ADDRESS YOUR CONCERNS TO YOUR SATISFACTION.

THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

• Limitation of Liability. You agree to the following limitation of liability:

KIRKTRONICS AND ITS affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees SHALL NOT BE RESPONSIBLE FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR DATA, REPLACEMENT COSTS, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) whether based in contract, tort (including negligence), strict liability or otherwise THAT MAY RESULT FROM THE PRODUCTS OR SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

• Indemnification.You agree to indemnify, defend and hold harmless Kirktronics and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts, omissions, breach of these Terms (including any documents incorporated by reference) or your violation of any law or the rights of a third party.

• If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and shall not affect the validity and enforceability of any other remaining provisions.
• Entire Agreement. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Products or Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
• Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site, Products or Services following the posting of any changes to these Terms constitutes acceptance of those changes.
• Contact Us. If you have any questions or comments about these Terms or the Site, please contact us by:

Email: contact@Kirktronics.com

Mail:
Kirktronics, LLC

102 Jones Street

Landrum, SC 29356