Published by:

Kalkomey Enterprises, Inc.
14086 Proton Rd.
Dallas, TX 75244
P: 214-351-0461

Terms of Use

Revised as of November 14, 2011
 
 
Welcome to www.kalkomey.com (the "Site").  Kalkomey Enterprises, Inc. ("Kalkomey") provides access to the Site, and its services offered in the Site, to you subject to the following terms and conditions of use. The Site provides general information about our company and its products/services and about recreational safety. The Site also makes certain Kalkomey assets (press releases, illustrations, photographs) available to the media for use according to the terms specified in the section "Press Resources Content Rights."
 
1. Acceptance of Terms of Use
 
This agreement (the "Terms of Use") is a legally binding contract between You and Kalkomey Enterprises, Inc. and its divisions and subsidiaries ("Boat Ed", "Hunter Ed", "Bowhunter Ed", "Offroad Ed", "Snowmobile Ed", "We", "Us", or "Our") regarding Your access to and use of the Site.  By using the Site, you signify your agreement with these Terms of Use. If you do not agree with any of the Terms of Use, do not use the Site.
 
Kalkomey reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site.  Your continued use of the Site following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions of these Terms of Use, if any. Any permission granted herein terminates automatically without further notice if You breach any of the terms of this Agreement.
 
2. Your Conduct
You agree not to:
a. attempt, through any means, to gain unauthorized access to the Site or the Service, or another user's account on the Site and/or the Service;
b. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site and/or the Service without Our prior express written permission.  Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Our written permission is prohibited;
c. you agree that You will not take any action that imposes an unreasonable or disproportionately large load on the Site’s and/or Service’s infrastructure.
 
The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site or the Service is expressly prohibited.
 
3. Press Resources Content Rights
The Site includes a Press Resources section that makes certain Kalkomey assets, including press releases, illustrations, photographs, videos, and fact sheets, ("Press Resources Content") available to members of the media ("Media User"). The content in the Press Resources is owned by Kalkomey and are licensed to you as a Media User on a perpetual, non-exclusive basis, and on the following terms and conditions:
a.  Permission is granted to electronically publish, publish in hard copy, and broadcast Press Resources Content if proper attribution to Kalkomey is provided for each and every use and while the Press Resources Content is displayed. Credit need not be given for use of press releases.
b. Press Resources Content may include an embedded copyright notice. You agree not to alter, extract, remove or tamper in any way with the copyright notice in any Press Resources Content you download from the Site. Any use of the broadcast Press Resources Content in hardcopy print or broadcast must include the following credit reasonably conspicuously displayed next to the Press Resources Content: "Provided by Kalkomey, www.kalkomey.com." Any use of the Press Resources Content published on the World Wide Web must include the following words, reasonably conspicuously displayed: "Copyright © 2011 Kalkomey." Wherever possible, the word "Kalkomey" must be hot-linked to the Site (www.kalkomey.com).
c. You may only reproduce, publicly display, distribute or otherwise use Press Resources Content in a professional journalistic context in connection with a newspaper, magazine, broadcast media (radio, television, billboards) or Internet media (ad enabled blog, webcasts, webinars, podcasts).
d. You agree not to access Press Resources Content through any technology or means other than the Press Resources Content webpage itself or other explicitly authorized means that Kalkomey may designate.
e. Kalkomey makes no claim or representation and accepts no responsibility or liability regarding how others display or utilize the Press Resources Content in broadcast, print, or Web.
f. Any other use of Press Resources Content—including resale, distribution, or reproduction, or for purposes other than as noted above—without the prior written permission of Kalkomey is strictly prohibited.
 
4.  Proprietary Rights Restrictions
All material on the Site, including, without limitation, all text, design of and "look and feel," layout, photographs, graphics, audio, video, function, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Kalkomey or other parties that have licensed their material to Kalkomey, and are protected by copyright, trademark and other intellectual property laws. 
 
Kalkomey disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.  Trademarks, logos, images and service marks displayed on the Site are the property of either Kalkomey or other third parties.
 
Except as provided for in the section Press Resources Content Rights, the Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
 
All rights not expressly granted herein by Kalkomey to You are reserved by Kalkomey and/or its licensors.
 
5. Links to Other Web Sites
The Site contains links to third party web sites.  The linked sites are not under the control of Kalkomey.  Kalkomey does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site, including, but not limited to, information provided at the Site that may link the user to a third-party web site.  If You decide to access any of the third-party web sites linked to this site, you do so entirely at Your own risk.  In no event shall Kalkomey or its affiliates be responsible for any content or other materials on or available through such third-party sites.
 
6. Disclaimer of Warranties
A.  KALKOMEY MAKES NO WARRANTY THAT THE SERVICE OR ANY CONTENT PROVIDED THROUGH THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR TIMELY, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. 
B.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
C.  KALKOMEY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE THROUGH THE SERVICE, OR ANY USE OF SAME BY YOU.
D.  KALKOMEY AND ITS LICENSORS MAKE NO REPRESENTATION THAT THE SITE, THE SERVICE, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.  IF YOU USE THE SERVICE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
 
7. Limitation of Liability
KALKOMEY AND ITS EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITE, THROUGH THE SERVICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF KALKOMEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT KALKOMEY'S TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY KALKOMEY FROM YOU TO ACCESS THE SITE AND/OR USE THE SERVICE.
 
8. Indemnification
You agree to indemnify, hold harmless and release Kalkomey (and its employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site, the Service and/or any content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Site.
 
9.  Changes to the Site
Kalkomey reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Service at any time, without notice.  Unless stated otherwise, any new features to the current Site or Service shall be subject to these Terms of Use. 
 
10.  Dispute Resolution; Governing Law; Consent to Jurisdiction
Any controversy, dispute or claim rising out of or relating to these Terms of Use shall be settled by final and binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association in front of three (3) arbitrators, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  However, the parties agree that this arbitration clause shall not preclude Kalkomey from filing a petition in court seeking equitable relief in the form of a temporary restraining order, temporary injunction and permanent injunction for alleged violations of Your obligations under these Terms of Use regarding nondisclosure, nonsolicitation, and noncompetition.  A party shall have the right to pursue the same causes of action and obtain the same damages in arbitration that the party could pursue in any court.  The arbitration hearing shall be held at the offices of the American Arbitration Association's office, in Dallas, Texas, U.S.A.   The expenses of the arbitration, including each party's attorney's fees, shall be borne in such proportion, as the arbitrators shall decide.
 
Further, You agree that these Terms of Use are governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas.  You agree to be subject to the personal jurisdiction of the State and federal courts sitting in or having jurisdiction over Dallas, Texas, U.S.A. in the event that any litigation results concerning any aspect arising out of these Terms of Use.