TERMS OF USE Terms and Conditions This website (the "Site") is comprised of various web pages operated by K&A Design and Milling. The products and services made available on this Site are offered to you conditioned on your acceptance without modifying the terms and conditions contained herein (the "Terms"). Your use of this Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. Privacy, Your use of this Site is subject to K&A Design and Milling Privacy Policy. Please review the Privacy Policy, which also governs the Site and informs users of K&A Design and Milling data collection practices. Electronic Communications Visiting this Site or sending emails to K&A Design and Milling constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing. Your account If you use this 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that K&A Design and Milling is not responsible for third-party access to your account that results from theft or misappropriation of your account. K&A Design and Milling and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at K&A Design and Milling sole discretion. Children Under Thirteen K&A Design and Milling do not knowingly collect, either online or offline, personally identifiable information from persons under thirteen. If you are under thirteen, you must ask your parent or guardian for permission to use this website. Cancellation / Refund Policy You may return your unwanted, unopened lab components within 30 days of receiving the order for credit. The customer is responsible for all shipping charges. Links to Third Party Sites/Third Party Services This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of K&A Design and Milling, and K&A Design and Milling is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. K&A Design and Milling provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by K&A Design and Milling of the Linked Sites or any association with its operators. Certain services made available through this Site are delivered by third-party sites and organizations. By using any product or service originating from this Site, you hereby acknowledge and consent that K&A Design and Milling may share such information and data with any third party with whom K&A Design and Milling has a contractual relationship to provide the requested product or service on behalf of users and customers. No Unlawful or Prohibited Use / Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use strictly following these terms of use. As a condition of your use of the Site, you warrant to K&A Design and Milling that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. All content included as part of the service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of K&A Design and Milling or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes to it. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of K&A Design and Milling and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. K&A Design and Milling does not grant you any licenses, express or implied, to the intellectual property of K&A Design and Milling or its licensors, except as expressly authorized by these Terms. International Users The Service is controlled, operated, and administered by K&A Design and Milling from its offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use this Site's content in any manner prohibited by any applicable laws, restrictions, or regulations. Indemnification You agree to indemnify, defend and hold harmless TK&A Design and Milling for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any part of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. K&A Design and Milling reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate in asserting any available defenses. Arbitration In the event K&A Design and Milling is not able to resolve any dispute with you arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration according to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that result from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The seat, or legal place, of arbitration, shall be in California, USA. The governing law of the contract shall be the substantive law of the State of California, USA. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. K&A Design and Milling AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. K&A Design and Milling AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE, EXCEPT WHERE EXPRESSLY STATED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. K&A Design and Milling AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL K&A Design and Milling AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF K&A Design and Milling OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction K&A Design and Milling reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and K&A Design and Milling due to these Terms or use of the Site. K&A Design and Milling performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms is in derogation of K&A Design and Milling's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by concerning such use. Suppose any part of these Terms is determined to be invalid or unenforceable according to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and K&A Design and Milling with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and K&A Design and Milling concerning the Site. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained printed form. The express wish to the parties that these Terms and all related documents be in English writing. Changes to Terms K&A Design and Milling reserves the right, in its sole discretion, to change the Terms from time to time. The most current version of the Terms will supersede all previous versions. K&A Design and Milling encourages you to periodically review the Terms to stay informed of any further updates.
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