CONDITIONS OF USE
KING & BALLOW and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit KING & BALLOW or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KING & BALLOW or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of KING & BALLOW, with copyright authorship for this collection by KING & BALLOW, and protected by international copyright laws.
KING & BALLOW’s trademarks and trade dress may not be used in connection with any product or service that is not KING & BALLOW’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KING & BALLOW. All other trademarks not owned by KING & BALLOW or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KING & BALLOW or its subsidiaries.
LICENSE AND SITE ACCESS
KING & BALLOW grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KING & BALLOW. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KING & BALLOW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KING & BALLOW and our associates without express written consent. Associates for purposes of this policy includes, but is not limited to, sponsors, vendors and clients.
You may not use any meta tags or any other “hidden text” utilizing KING & BALLOW’s name or trademarks without the express written consent of KING & BALLOW. Any unauthorized use terminates the permission or license granted by KING & BALLOW. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KING & BALLOW so long as the link does not portray KING & BALLOW, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KING & BALLOW logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP 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 sole responsibility for all activities that occur under your account or password. You agree that KING & BALLOW will not be liable to you or any third party for any claims, damages, costs and/or fees related to the use of your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. KING & BALLOW and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time, without notice and in their sole discretion.
REVIEWS, COMMENTS, EMAILS, OTHER CONTENT, AND INDEMNIFICATION
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. KING & BALLOW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant KING & BALLOW and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KING & BALLOW and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You agree that you, and not KING & BALLOW, will have sole liability and responsibility for any claims, damages, costs and/or fees resulting from or relating to content you supply and that you will indemnify and hold harmless KING & BALLOW or its associates for all claims, damages, costs and/or fees resulting from or related to content you supply. KING & BALLOW has the right but not the obligation to monitor and edit or remove any activity or content. Moreover, KING & BALLOW takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
For all items purchased or acquired from KING & BALLOW you agree that the risk of loss and title for such items pass to you upon our delivery to the carrier or shipper, including but not limited to any risk of loss associated with lost, stolen or damaged products.
KING & BALLOW and its associates attempt to be as accurate as possible. However, KING & BALLOW does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KING & BALLOW is not as described, your sole remedy, as described below, is to return the product in the same condition in which it was delivered to you
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KING & BALLOW ON AN “AS IS” AND “AS AVAILABLE” BASIS. KING & BALLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR OFFERED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KING & BALLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KING & BALLOW DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KING & BALLOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KING & BALLOW, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
THE MATERIALS CONTAINED IN THIS WEBSITE HAVE BEEN ABRIDGED FROM LAWS, COURT DECISION AND ADMINISTRATIVE RULINGS AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON SPECIFIC SUBJECTS.
LIMITATION OF REMEDIES
You agree that KING & BALLOW will not be liable to you or any third party for any claims, damages, costs and/or fees related to products and/or services you purchase or acquire from KING & BALLOW through this site. You agree that your sole and exclusive remedy regarding products so purchased or aquired from KING & BALLOW is to return the product in the same condition in which it was delivered to you for a refund of any amounts actually paid by you for that product. As to services purchased or acquired from KING & BALLOW, no refunds will be available or provided in relation to such services.
By visiting KING & BALLOW, you agree that the laws of the state of Tennessee, will govern these Conditions of Use, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and KING & BALLOW or its associates.
Any dispute relating in any way to your visit to KING & BALLOW or to products and/or services you purchase or acquire through KING & BALLOW shall be submitted to confidential arbitration in Nashville, Tennessee, except that, to the extent you have in any manner violated or threatened to violate KING & BALLOW’s intellectual property rights, KING & BALLOW may seek injunctive or other appropriate relief in any state or federal court without regard to principles of conflict of laws, in Davidson County, Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to KING & BALLOW. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice and in our sole discretion. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.