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1. Acceptance of Terms
Welcome to Katy Industries’ web site (the "Site"). Katy offers this Site subject to the following terms and conditions (the "Terms of Use"). These Terms of Use constitute an Agreement ("Agreement") between Katy Industries, its subsidiaries and affiliates (collectively "Katy"), and you ("You" or "User"). By accessing and using the Site, You agree to the following Terms of Use and any amendments in effect at the time of your visit. This Agreement expressly incorporates by reference and includes Katy’s Privacy Policy, Legal Notices, and any guidelines, rules or disclaimers that may be posted and updated on specific Katy web pages. You understand that your right to use the Site is derived solely from, and is expressly limited by, this Agreement.
Katy reserves the right to amend these Terms of Use from time to time. We encourage you to review these Terms of Use upon each visit to the Site because any changes will be binding on you.
2. Information Provided on the Site
Katy provides the Site and the information available on the Site (hereinafter referred to as "Information") for the convenience of its Users. Katy will use reasonable, good faith efforts to include accurate Information on the Site. IN ADDITION TO KATY’S RIGHTS UNDER SECTION 6, KATY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE. Information is supplied on the condition that the persons receiving the Information will make their own determinations as to its accuracy and suitability.
3. Katy’s Web Site’s Content and Use of the Site
3.1 Copyrights and Trademarks
The Site is owned by Katy, and all rights are exclusively reserved to Katy. You acknowledge that the Site may contain Information, communications, software, photos, text, video, graphics, music, sounds, images, and other material ("Content") which are provided by Katy. You agree that all Content available on the Site, including, but not limited to, text, graphics, logos, button icons or images, is the property of Katy. You agree and acknowledge that the Content and its use or the use of the Site is protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws. In addition, the Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. Copyright laws, international conventions, and other copyright laws. Except as set forth in this Agreement, you may not reproduce, modify, adapt, translate, exhibit, publish, broadcast, post, download, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit or use, any of the Content, materials or other parts of the Site, in whole or in part, without the express written permission of Katy. Katy reserves the right to add, change or delete any Content, without notice, at any time, at its sole discretion, and Katy makes no commitment to update the Content.
Additionally, all Katy registered and non-registered trademarks, trade names, and service marks, service names, product names, graphics, logos and intellectual property included in the Content on the Site, as may be modified from time to time, are proprietary intellectual property ("Intellectual Property") of Katy. Katy’s trademarks may not be used in connection with any product or service that is not Katy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Katy. The use or misuse of Katy’s Intellectual Property is expressly prohibited and may be a violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity and communications, regulations and statutes. Further, please be advised that Katy actively and aggressively enforces its Intellectual Property rights to the fullest extent of the law.
3.2 Reservation of Rights
Except as expressly and unambiguously provided herein, Katy does not grant you any express or implied rights under any copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
4. User Submissions
If you transmit or post any comments, suggestions, ideas, materials, content, information, or other submissions on the Site, you grant Katy an exclusive, royalty-free, perpetual, irrevocable unrestricted license to fully sublicense, exploit, make, use, reproduce, modify, adapt, publish, translate, transmit, broadcast, post, create derivative works of, distribute, and display such content, information, reviews and comments throughout the world in any media. Such user information shall be non-confidential. You warrant, represent, and agree that nothing you transmit or post will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, harmful, threatening, hateful, inflammatory, profane, or otherwise violates any law or right of any third party. Katy reserves the right to remove anything you transmit or post at any time, for any reason, or for no reason at all.
5. Links
Katy may provide links to third party web sites. These links are provided only as a convenience. Linked web sites are not reviewed, controlled or examined by Katy and Katy is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Katy. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.
6. Disclaimer
THIS SITE IS PROVIDED BY KATY ON AN "AS IS" BASIS. KATY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KATY EXPRESSLY DISCLAIMS ALL OTHER GUARANTEES, WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KATY FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE. YOUR USE OF THE SITE, THE CONTENT, AND THE INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
7. Limitation of Liability
IN NO EVENT SHALL KATY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR AFFILIATES BE LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY THEORY OF LAW, TO ANYONE, FOR ANY CLAIMS, LOSSES OR DAMAGES, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, LOSS OF PROFITS, RESULTING FROM OR OCCASIONED BY THE CREATION, USE OR RELIANCE OF OR ON ITS SITE OR ANY THIRD PARTY WEB SITES OR THE INFORMATION, ADVERTISING, PRODUCTS, RESOURCES OR MATERIAL ACCESSED THROUGH ANY SUCH WEB SITES, REGARDLESS OF THE NATURE OR CAUSE OF ANY SUCH DAMAGES OR LOSSES AND WHETHER OR NOT A CLAIM THEREOF IS BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.
8. Local Laws and Export Control
Katy controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
9. Applicable Law
Any action related to these Terms of Use will be governed by the law of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.
10. Contact Us
If you have any questions about Katy or its products, please email us at: contact@katyindustries.com.
Katy’s Internet Privacy Policy
Katy respects your privacy, and the privacy of all visitors to its Site. It is the company's policy to collect only personally identifiable information, such as names, addresses, telephone/fax numbers, or email addresses, when such information is voluntarily submitted by our visitors. This information will be kept strictly confidential and will not be sold, reused, rented, loaned or otherwise disclosed. We use this information only to answer any of your requests for information, or to better understand your needs.
If you email us, you are voluntarily releasing information to us. Your e-mail address may be used by Katy to respond to you. We will not use the information that can identify you, such as your e-mail address, for direct marketing purposes.
In addition, we may have collected similar information from you in the past. By entering this Site you are consenting to the terms of our information Privacy Policy and to our continued use of previously collected information.
In the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of Katy, or a Katy subsidiary, division, business or business unit, information Katy has collected about you may be sold or otherwise transferred. However, this will only happen if the party acquiring the information agrees to be bound by the terms of Katy's Privacy Policy and the notice provided to you when the information was collected.
Tracking Technology ("Cookies")
Katy does not make use of tracking technology ("cookies") on its Site. Cookies are small text files that are sent by a web site, accepted by a web browser and then placed on your hard drive. Some web sites use cookies to collect data that help provide information regarding the functionality of the site or to help analyze browsing patterns and use of the site.
Children
The Site is not intended or designed to attract children under the age of 13. Katy does not collect personally identifiable data from any person we know to be under the age of 13.
Revisions to this Policy
Katy reserves the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. If we change our Privacy Policy, we will post those changes on this page so that you may become aware of what information we may collect, how we may use it and under what circumstances we may disclose it. You should visit this page from time to time to review the then-current policy because it is binding on you.
General
Links from the Site may take you to sites not covered by this Privacy Policy, and we advise you to check the applicable privacy practices of such other sites yourself.
Legal Notices
Katy’s Site contains many valuable trademarks owned and used by Katy. Katy uses these trademarks to distinguish its goods from those of others. Katy’s Site may also contain references to other companies' trademarks and service marks. Such references are for identification purposes only, and Katy claims no ownership in, nor any affiliation with, any third party trademarks or service marks appearing in its sites.
The content, arrangement and layout of the Site, including, but not limited to, the trademarks and text, are proprietary to Katy, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Katy. Any unauthorized use of the content, arrangement or layout of the Site, or the trademarks found in the Site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.
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