Terms & Conditions of Use
Thank you for visiting our site. In this Terms & Conditions of Use Agreement, “we”, “our”, “Karcher Group”, “TKG” or “us” refers to TKG.com and its affiliates. The Karcher Group, Inc. and affiliates provide services and use of the site TKG.com to you subject to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
Effective Date: This Terms & Conditions of Use Agreement was last updated 2015.
Customer Account information and certain other information about you and our account holders are subject to our Website Privacy Statement. For more information, please see our full Privacy Statement.
This Terms & Conditions of Use Agreement (“Agreement”) sets forth the guidelines and standards of use of TKG.com (the “website”). By using the TKG.com website and its services you agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Your continued use of the website and its services after amendments are posted constitutes acknowledgement and acceptance of the terms & conditions of use and its modifications.
1. Description of Service – Limited Use License Agreement
The TKG difference is in our unique approach to all things WEB. We… find out your Business Objectives, those big, long-term goals you want your business to achieve. We… set the Strategy, the plan to meet your objectives; a thoughtfully constructed strategy specific to your biz. We… execute using Tactics the ideas and actions needed to achieve the strategy and objectives and the specific ideas for execution. All of this equals SUCCESS! TKG.com is a web based conduit focused on providing you, our customer, with information and services that help your business achieve success in the online data driven world we live in today. It’s a unique concept for a unique universe and one which TKG is confident once you visit tkg.com you will see our services and you will be inspired as to how TKG can give your business extraordinary access to Success.
By visiting and/or using this website and our services (a “User”), You as a “User” are licensed to use the Content only for the purpose of accessing the services and information offered on this site. The downloading of the whole or significant portions of any content or video feeds is strictly prohibited.
Resale of any Content, video or media in digital form or otherwise, or our database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you and may result in immediate removal from TKG services and termination and revocation of all account access and content including the right to terminate social media postings or shared feeds.
2. Proprietary Rights to Content
You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyrights, trademarks, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
All Content displayed on this site and all software, video, data and information used to create this site and the Content, including text and images and video data, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by TKG, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this License Agreement are reserved to TKG and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from the website as authorized hereunder.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license sell, create derivative works from, or in any way exploit any Content, in whole or in part without the prior written consent of TKG.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TKG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE, SERVICES OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TKG SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. IN ADDITION, TKG DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE SITE WILL MEET YOUR REQUIRMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF TKG’S AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE.
THE MATERIAL AVAILABLE THROUGH TKG.COM IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON THIS SITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH TKG.COM, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
TKG DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES SOLD AND INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
4. Limitation of Liability
TKG SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TKG SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, PUNITIVE, LOST INCOME, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Waiver of Jury Trial
TKG ALONG WITH ANY WEBSITE VISITOR HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT/SERVICE PURCHASED OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify and hold TKG, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of this website, or
services provided, the violation of this Agreement, or infringement of any intellectual property or any other right of any person or entity.
7. COPPA Notice
CHILDREN ONLINE PROTECTION ACT NOTIFICATION
***Special Note for Parents or Guardians of Children
The website you are visiting was not designed for anyone under the age of 18. We are not responsible for any access or use of this website by children or minors under the age of 18. This website does not sell products or services designated for purchase or use by children under the age of 13 nor anyone under the age of 18 nor is it designed for their use or entertainment.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.
8. Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website or Generated Content to either a foreign national or foreign destination in violation of such laws.
9. Third-Party Sites
TKG.com may include links to other sites on the Internet that are owned and operated by online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendors”). Any such links to Vendors or third party sites are provided for your convenience only, and such links do not imply endorsement by TKG of such other third party sites or Vendor sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party or Vendor site. You should contact the site administrator or webmaster for those third-party or Vendor sites if you have any concerns regarding such links or the content located on such sites. Your use of third-party or Vendor sites is subject to the terms & conditions of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said terms & conditions and privacy policies of all third-party and Vendor sites.
TKG disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning third party provided products, services and sites, and you agree that any recourse for dissatisfaction or problems with those products, services or sites will be sought from the third party provider and not from TKG as you agree to waive any claim you may have against us with respect to such other sites.
10. Modifications and Interruption to Service
TKG reserves the right to modify or discontinue the Website or Service with or without notice to the User. TKG shall not be liable to a User or any third party should TKG exercise its right to modify or discontinue the Website or Service. Each User acknowledges and accepts that TKG does not guarantee continuous, uninterrupted or secure access to our Website or Services and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control. However, TKG will undertake every precaution to ensure a service level in line with current industry standards.
11. Governing Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. You agree that any action at law or in equity that arises out of or relates to this website or these Terms & Conditions of Use will be filed only in the state or federal courts located in the Northern District of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12. Compliance with Laws and International Use
You may not use our website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. It is your responsibility to review our services and the application and regulations for each jurisdiction you are associated with to ensure compliance.
Furthermore, we make no representation that services on this website are appropriate or available for use in locations outside the United States or for use in particular states within the United States that may have certain additional statutory requirements related to online content. Those who choose to access this website do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.
13. Copyright, Trademark and Service Mark Information
All Content included or available on this website, including site design, text, graphics, interfaces, video, information, posts, blogs, and the selection and arrangements thereof is the property of TKG, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TKG or its affiliate is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.
The Karcher Group™ is a proprietary mark. TKG’s trademarks may not be used in connection with any product or service that is not provided by TKG, in any manner that is likely to cause confusion, or in any manner that disparages or discredits TKG.
All other trademarks displayed on TKG’s website are the trademarks of their respective owners and may only be used with the permission of the particular owner. These other trademarks constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TKG.
14. Notification of Claimed Copyright Infringement
We respect the intellectual property of others and we ask you to do the same. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on the website where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- 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;
- An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, TKG designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Karcher Group, Inc.
Attn: Website Copyright Notice Dept.
405 Rothrock Road, Suite 103
Akron, Ohio 44321
TKG retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, TKG reserves the right to act or direct at our discretion.
Use of TKG.com by you for spamming or direct commercial solicitation is strictly prohibited.
17. Miscellaneous Terms
These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party sites accessible through our site or services as provided. Our failure to enforce or exercise any right or provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially- enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms & Conditions of Use and any other agreements referenced herein, including the Privacy Statement, may be assigned by TKG, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any rights not expressly granted herein are reserved by and for us.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© Copyright 2016, The Karcher Group, Inc. All Rights Reserved.