TERMS & CONDITIONS
Last Updated October 12, 2016
TKC Holdings, Inc. (hereinafter referred to as “TKC Holdings”) and/or its related companies (“TKC Holdings”) provide this website (“Site”) for your use. TKC Holdings provides the Site subject to these Terms and Conditions of Use and all applicable laws and regulations. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms and Conditions of Use. TKC Holdings reserves the right at its discretion to change these Terms and Conditions of Use with or without notice. Your continued use following the posting of any changes to these Terms and Conditions of Use constitutes your acceptance of those changes.
USE OF THE SITE
TKC Holdings maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of TKC Holdings. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with TKC Holdings’ intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Site may include links to third-party websites. TKC Holdings does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
By using the Site or sending us an email, you consent to receiving electronic communications and notices from TKC Holdings . You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright. All copyrightable text, graphics, logos, sound, downloads, software, button icons, other material and the overall design of the Site (collectively, the “Content”) included in or made available through the Site, is copyrighted by TKC Holdings or our content suppliers and is protected by United States or international copyright laws. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have prior written permission.
Notice and Procedure for Making Claims of Copyright Infringement. TKC Holdings respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact TKC Holdings’ Legal Department at TKC Holdings, Intellectual Property Questions, 1260 Andes Boulevard, St. Louis, Missouri, 63132. Please include: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number, and email address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
Trademarks. TKC Holdings’ trademarks and service marks may not be used in connection with any product or service that is not TKC Holdings’ in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits TKC Holdings, or without our prior written permission. All other trademarks not owned by TKC Holdings that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TKC Holdings.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. TKC Holdings reserves the right to refuse service, terminate accounts, and remove or edit content in its sole discretion.
USE OF INFORMATION SUBMITTED
You agree that TKC Holdings is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, or modifying or improving the Site or other products or services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TKC HOLDINGS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TKC HOLDINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL INFORMATION THAT YOU PROVIDE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TKC HOLDINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TKC HOLDINGS DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR EMAIL SENT FROM TKC HOLDINGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TKC HOLDINGS (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FOR DISRUPTIONS IN SERVICE ON THIS SITE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold TKC Holdings and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use shall be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use set forth the entire agreement between you and TKC Holdings in connection with your use of the Site.
If you have any questions regarding these Terms and Conditions of Use, please contact us at [email protected].