KELLEY WILLIAMSON COMPANY/KELLEY’S MARKET/KW OIL (The Kelley Williamson Companies) WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to the Kelley Williamson Companies’ websites, and all associated sites linked to www.kelleysmarket.com, www.kw-oil.com, www.kelleywilliamsonco.com (hereinafter collectively referred to as the “Site”), including our mobile marketing communications. The Kelley Williamson Companies are Illinois corporations with their principal place of business located at 1132 Harrison Avenue, Rockford, IL. Unless otherwise specified, the materials on the Site provide information about the Kelley Williamson Companies, its services and its products.
The Kelley Williamson Companies operate the Sites from its company headquarters in Rockford, IL and Illinois law shall govern any and all action concerning your use of the Site. You hereby agree to submit to the jurisdiction of the courts located in the state of Illinois for the resolution of all disputes arising from or related to these Terms of Use without regard to the choice or conflicts of law provisions of any jurisdiction. Kelley Williamson Companies do not in any way imply that the materials on the Site or products described are available in all jurisdictions where we operate or in a jurisdiction where we are not licensed to do business or that we are soliciting business in any such jurisdiction.
AGREEMENT TO TERMS
The Site is provided as a service to our customers and potential customers. Please review the Terms of Use which govern your use of the Site. By using the Site, you unconditionally agree to follow and be bound by these Terms of Use. Although you may bookmark a particular portion or page of the Site and thereby by-pass the Terms of Use, your use of the Site still binds you to those terms. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The Kelley Williamson Companies reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Kelley Williamson Companies grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials including images, text, illustrations, designs, icons, photographs, programs, video clips, logos artwork, computer code and written and other materials (collectively “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, that are part of the Site are owned, controlled or licensed by the Kelley Williamson Companies or by third parties who have licensed their materials to the Kelley Williamson Companies and are protected by U.S. Copyright laws, and are protected by copyright, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws. The compilation of all content (exclusive of Content provided via links to third party websites) on the Site is the exclusive property of the Kelley Williamson Companies and is also protected by copyright laws.
The Kelley Williamson Companies expressly reserve all intellectual property rights and all text, programs, products, processes, technology, Content and other material which appears on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone, any license under any of the Kelley Williamson Companies’ or any third parties intellectual property rights.
The Kelley Williamson Companies’ name(s) and logo(s) and all related product and service names, design marks and slogans are the trademarks or service marks of the Kelley Williamson Companies, other marks are property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize you to use any name, logo or mark in any manner.
USE OF SITE
You may download or copy the Content of the Site for your personal use only. If you elect to download or copy the Content of the Site, no right, title or interest to any of the material is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way the Content of the Site or any related software. All software used in the operation or creation of the Site is the property of The Kelley Williamson Companies and is protected by U.S. Copyright law.
You may use information on the Kelley Williamson Companies’ products and services purposely made available by the Kelley Williamson Companies for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
EMAIL AND MOBILE MARKETING COMMUNICATIONS
The Kelley Williamson Companies’ mobile programs are complimentary and require no purchase or fee for participation. Your carrier’s message and data rates may apply. All charges are billed by and payable to your mobile service provider. The Kelley Williamson Companies do not charge you for sending or receiving messages. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.
To stop receiving emails and mobile marketing communications:
Emails: Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the unsubscribe option in the email and agree to unsubscribe.
You must be 13 years of age or older to participate in our email communications and mobile text alerts.
SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including but not limited to (1) accessing information not intended for you or logging onto a server or an account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security without authorization, (3) attempting to interfere with the service of any other user, host or network including submission of a virus to the Site, overloading, flooding, spamming, mail bombing or crashing the Site, or (4) sending unsolicited email including promotions and/or advertisements of products or services to the company or any employees of the company. Violations of system or network security could result in civil and/or criminal action against you. The Kelley Williamson Companies will investigate occurrences that may involve such violations and may involve and cooperate with local and federal law enforcement in prosecuting such violations. You shall not use any device, software or other tool to interfere with the property and normal operation of the Site or any activity being conducted via the Site.
Email messages are not secure. Our security software does not encrypt email messages. Unencrypted email messages traveling through the Internet are potentially subject to viewing, alteration, and copying by others. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We recommend that you take the following precautions to safeguard your data:
- Use a complex password with unique numbers, letters and special characters, and do not disclose your password to anyone. If you share your password or your personal information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately change your password.
- Keep your computer software up to date with the latest browser and anti-virus security software.
Be aware of increasingly common email scams that may use your email address to contact you and ask for personal or sensitive information. Always be cautious when opening links or attachments from unsolicited third parties. The Kelley Williamson Companies will not send you emails asking for your credit card number, social security number or other personally identifiable information. So if you are asked for this information, you can be confident it is not from a Kelley Williamson Company
SUBMISSION OF INFORMATION
Information submitted to the Kelley Williamson Companies via the Site shall become the property of Kelley Williamson Companies. Kelley Williamson Companies may use the information submitted in its business operations including, but not limited to, any ideas, concepts or suggestions. Such disclosure, submission or offer of any information to Kelley Williamson Companies shall constitute an assignment of all rights, titles in interest and all copyrights and other intellectual properties in the information. Kelley Williamson Companies are not and shall not be required to maintain confidentiality for such information, to pay the user or submitter of such information compensation for the information, or respond to any information submitted. You agree that you will not submit any information to the Site which will or could violate any copyright, trademark, privacy or other protected information of a third party. You agree that you will not submit information to the Site constituting libelous, harassing, degrading, abusive, obscene or otherwise illegal material. You will be held solely responsible for the Content of any information submitted. For these reasons, we ask that you not send any information you do not wish to have assigned to the Kelley Williamson Companies including any confidential information or any original creative materials such as stories, ideas, computer code or original artwork.
DISCLAIMER. THE SITE IS PROVIDED BY KELLEY WILLIAMSON COMPANIES ON AN ‘AS-IS’ AND ‘AS AVAILABLE’ BASIS. KELLEY WILLIAMSON COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED IN THE SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KELLEY WILLIAMSON COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCESSIBLE CONTENT OF THE SITE.
NO LIABILITY. YOU AGREE THAT IN YOUR USE OF THE SITE YOU WILL NOT HOLD KELLEY WILLIAMSON COMPANIES, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, AFFILIATES AND/OR BUSINESS PARTNERS LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION.
MODIFICATION OF SITE
Kelley Williamson Companies reserve the right to alter, change, modify and correct the material available on the Site, including the Terms of Use at any time without prior notice. Said changes shall supersede the previous Terms of Use or other material without the user’s consent. The Kelley Williamson Companies may terminate your use of the Site at any time without notice.
VIOLATION OF THESE TERMS OF USE
The Kelley Williamson Companies may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kelley Williamson Companies’ rights or property, or the rights or property of visitors to or users of the Site, including Kelley Williamson Companies’ customers. Kelley Williamson Companies reserve the right at all times to disclose any information that Kelley Williamson Companies deem necessary to comply with any applicable law, regulation, legal process or governmental request. Kelley Williamson Companies also may disclose your information when the Kelley Williamson Companies determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Kelley Williamson Companies may preserve any transmittal or communication by you with Kelley Williamson Companies through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Kelley Williamson Companies determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Kelley Williamson Companies, its employees, users of or visitors to the Site, and the public.
You agree that the Kelley Williamson Companies may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kelley Williamson Companies, for which monetary damages would be inadequate, and you consent to Kelley Williamson Companies obtaining any injunctive or equitable relief that Kelley Williamson Companies deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Kelley Williamson Companies may have at law or in equity.
You agree that the Kelley Williamson Companies may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If the Kelley Williamson Companies do take any legal action against you as a result of your violation of these Terms of Use, Kelley Williamson Companies will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kelley Williamson Companies. You agree that Kelley Williamson Companies will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
VIRUSES
Kelley Williamson Companies cannot and does not guarantee or warrant that files available for downloading from the Site are free of viruses, worms, Trojan horses or other codes that may have contaminating or destructive properties. It is the user’s responsibility to review and scan any and all downloaded materials from the Site or any links provided by the Site. Kelley Williamson Companies will not be responsible or liable for any damage caused by your use of the Site.
INACCURACIES OR ERRORS
The descriptions, pictures, representations of products or other information available on the Site may contain inaccuracies and/or errors. The Kelley Williamson Companies do not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in the Kelley Williamson Companies’ sole discretion. Kelley Williamson Companies shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.
FINANCIAL INFORMATION
Our use of the words ‘expect,’ ‘anticipate,’ ‘estimate,’ ‘forecast,’ ‘objective,’ ‘plan,’ ‘anticipates,’ ‘estimates,’ and other similar words may relate to forward looking statements which do not relate strictly to historical or current facts, and may address, among other things, the Kelley Williamson Companies’ strategy for growth, product development, market position, expenditures and financial results. Certain statements contained on the Site, including any discussion of management expectations for future periods, constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause actual results to differ materially from future results expressed or implied by those statements. The Kelley Williamson Companies disclaim any intention or obligation to update or revise forward-looking statements, whether as a result of new information, future events, or otherwise.
The information on the Site does not constitute an offer to sell or solicitation of an offer to buy any security. By using the Site, you agree that the Kelley Williamson Companies are not providing any investment advice with respect to the purchase of securities. Prior to the execution of any transaction by you involving information you received from the Site, you should consult your business advisor, attorney, and tax and accounting advisors with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.
The companies of the Kelley Williamson Companies are privately owned. Although every effort has been made to present accurate and complete information, it should be recognized that information may be from time to time incomplete, out of date or otherwise inaccurate.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will the Kelley Williamson Companies be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Kelley Williamson Companies have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Kelley Williamson Companies are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the Kelley Williamson Companies’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against the Kelley Williamson Companies, or (2) US$100.00. The foregoing limitation may not apply in jurisdictions that do not allow limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Kelley Williamson Companies, its affiliates, subsidiaries and their employees, officers, directors, contractors, agents and business partners from any and all liabilities, claims and expenses, including attorneys’ fees that may arise from or be related to your use or misuse of the Site or breach of these Terms of Use. The Kelley Williamson Companies reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Kelley Williamson Companies in asserting any available defense.