K+K Terms of Use Agreement

Terms of Use

Introduction

K+K Veterinary Supply, Inc. (“K+K”, “we”,”our”, or “us”) operates kkvet.com and associated sites and mobile applications.  Any Information Technology company or individual K+K contracts or hires may be referred to as a “Support Provider”.

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website, along with structure, flow, and user experience generated by our website, and material on the website.

You may view, download for caching purposes only, and print pages, summaries, and reports from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website); except for forms and other downloadable materials intended for members of this organization.
  • Sell, rent or sub-license material from the website
  • Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Reverse engineer any part of the Site; or
  • Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Access to Proprietary Information

You acknowledge and agree that You may disclose, or that K+K or the Support Providers may observe, Your information and data during the provision of Support Services by K+K or the Support Providers; and that such information and data shall be deemed non-confidential unless K+K has agreed otherwise in a signed confidentiality agreement separate from this Agreement. In addition, You acknowledge that the remote communications sessions utilized by K+K or the Support Providers may be implemented through the Internet, which is inherently insecure, and You agree that K+K or the Support Providers shall not be liable for any security breaches occurring on the Internet.

Data Export

You may not export, whether by (i) data export functionality built into the Software; (ii) extraction from the Software interface (e.g. screen scraping); or (iii) otherwise, any data from the K+K databases, cloud, or 3rd party servers.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity.

Termination

Either party may terminate this Agreement, and K+K may terminate any or all licenses to the K+K Technology granted hereunder, for convenience at any time upon written notice to the other party.

Upon the termination of this Agreement for any reason whatsoever all licenses granted hereunder shall immediately terminate and You shall immediately cease and desist from all access to and use of the K+K Materials, and destroy all K+K Materials in Your possession or control.

Goods and Services

K+K reserves the right to modify pricing and quantities, and/or terminate orders without cause.

Cash Backs

K+K reserves the right to modify, terminate or amend cash backs without cause.

In addition

In addition to other restrictions set forth in these Terms of Use, You agree that:

  1. You shall not disguise the origin of information transmitted through the Website.
  2. You will not place false or misleading information on the Website.
  3. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by K+K.
  4. You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
  5. Certain areas of the Website are restricted to customers of K+K.
  6. You may not use or access the Website or Services in any way that, in K+K’s judgment, adversely affects the performance or function of the K+K Services or the Website or interferes with the ability of authorized parties to access the K+K Services or the Website.
  7. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of K+K.

Force Majeure

Neither party hereto shall be liable for the failure to perform any of its obligations under this Agreement or for any Damages if such failure is caused by any reason beyond its reasonable control including without limitation, any occurrence of any act of God, labor strike or dispute, industrial disturbance, governmental emergency order, judicial or government action, emergency regulations, sabotage, riots, vandalism, electronic failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or act of terrorism.

Disclaimer of Warranties

K+K makes no representations about the results to be obtained from using the website, the services, the information or the content.  The use of same is at your own risk.

The website, the information, the services and the content are provided on an "as is" basis.  K+K, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.  K+K and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website.  No information obtained by you from the website shall create any warranty not expressly stated by K+K in these terms of use.

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you.  If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions.  You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Law and Jurisdiction

These terms of use and conditions constitute the entire agreement between you and us in relation to your use of our website and any disputes relating to these terms and conditions will be subject to the governing law in Washington County, Arkansas, of the United States of America.