Welcome to Kirby Smith Machinery, Inc. (“Kirby-Smith,” “us”, “our” or “we”) website, www.kirby-smith.com (the “Website”). To promote a safe, non-offensive environment for all visitors to our Website, we have established Terms and Conditions (the “Terms”). This page describes the Terms that govern your use of the Website and the information, products and services available through this Website. Please read these Terms carefully. By accessing or using the Website, you agree to be bound by the Terms. If you disagree with any of the Terms, you are prohibited from accessing the Website. Certain services available through the Website may have their own terms and conditions that apply to your purchase or use of that particular service. If you do not wish to be bound by these Terms, do not use the Website.
The Terms do not apply to your use of any other products or services provided by Kirby-Smith. Some pages of the Website contain links to other websites, including those of third parties acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Kirby-Smith and have their own terms of service that you should read before you use them.
The information that we collect and the ways in which we use such information is set forth in our Privacy Policy. Our Privacy Policy may be reviewed here.
We reserve the right to change, add, or remove portions of these Terms, and our separate Privacy Policy, at any time as we deem appropriate and at our sole discretion. This Website may change, and we may restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time. Any changes to the Terms will be posted on this Website. Any changes, modifications, additions or deletions to the Terms shall be effective immediately upon posting. You are responsible for reviewing the Terms before each use of the Website; by continuing to use the Website, you agree to any changes. You can reject any new, revised, or additional terms by discontinuing the use of the Website.
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by us or our affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Website.
Except as expressly authorized in these Terms, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re transmission or re presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep links, data mining, data gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time.
This Website includes certain trademarks and service marks owned by us and/or our affiliates or third parties. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of the Website content.
Use at Your Own Risk
We provide the content, information and other materials available through our Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES.
Your Account
The Website allows users to create accounts. You may be required to set up an account to access or use certain features and services on the Website. To establish an account, you must complete the account registration process and provide us with the requested current, complete, and accurate information. You are responsible for keeping your registration and account information current, accurate, and complete. You will be asked to choose a username and password as part of the registration process. You must use a username and password (“Password”) to create an account.
If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Links
This Website may provide links or references to third-party sites, resources, or advertisers (collectively “Third-Party Content”). You understand and agree that Kirby-Smith does not control, endorse, sponsor, recommend, or otherwise accept liability for any of this Third-Party Content. Any such links to Third-Party Content are provided merely as a convenience to the users of this Website, and such links do not imply our endorsement of such other third party sites or the content contained therein. We disclaim all liability with regard to your access to such linked websites, and your use of and access to any other websites linked to this Website is at your own risk. Further, we have no responsibility for Third-Party Content and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. For information about such other third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are intended to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, data, materials or other postings or communications (collectively, “User Content”), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email, SMS/text messages or other means of electronic communication. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant us and our affiliates and licensees the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant us and our affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.
We respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries, including notification of claims of infringement, please contact our Copyright Agent at: Sales@kirby-smith.com.
We 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 this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we 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 we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect our rights, property or personal safety and/or our affiliates, employees, users of or visitors to this Website or the public.
Without limiting any other portion of these Terms and Conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to our Website and/or block your future access to our Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of our Website, including, but not limited to, our Privacy Policy. These remedies are in addition to any other remedies we may have at law or in equity.
YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND OUR AFFILIATES, LICENSORS AND LICENSEES, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND/OR YOUR USE THEREOF.
NEITHER WE NOR OUR AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES CONTAINED WITHIN OR OTHERWISE AVAILABLE THROUGH OUR WEBSITE. IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, OUR WEBSITE OR ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES WITHIN OR OTHERWISE AVAILABLE THROUGH OUR WEBSITE OR OUR USE OF ANY MATERIALS THAT YOU PROVIDE TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, you agree that our entire aggregate liability, if any, arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, our Website or any content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you provide to us, will not exceed one hundred dollars ($100).
Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
You hereby agree to indemnify, defend and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to:(i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or (iii) any dispute between you and any third party.
We offer a mobile messaging program (the “Mobile Message Program”). By subscribing to the Mobile Message Program, you agree to the terms and conditions in this Section, along with all provisions in the Terms and Conditions and our Privacy Policy. This Section is limited to the Mobile Message Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and us in other contexts. In the case of any conflict, inconsistency, or variance between the Terms and Conditions and the provisions of this Section relating to the Mobile Message Program, the terms of this Section shall apply. If you do not agree to the terms of this Section, you should opt-out of the Mobile Message Program.
User Opt In: The Mobile Message Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Message Program by providing their phone number to us, whether in person, through online forms, or other application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Message Program, you agree that these Terms and Conditions applies to your participation in the Mobile Message Program. By participating in the Mobile Message Program, you agree that you have provided the appropriate consent required to receive the type of SMS/MMS mobile messages requested and understand that such SMS/MMS mobile messages may be sent via an automatic telephone dialing system to the phone number that you provided. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Message and data rates may apply. By participating in the Mobile Message Program, you represent that you are the subscriber for or authorized user of the phone number that you provided in opting-in to receive mobile messages from Kirby-Smith as part of the Mobile Message Program and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE SMS/MMS MOBILE MESSAGES AS CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM KIRBY-SMITH.
We reserve the right to suspend, modify, or terminate the Mobile Message Program at any time in whole or in part, for any reason, with or without notice to you.
Kirby-Smith does not guarantee the timeliness, accuracy, completeness or receipt of mobile messages transmitted through its Mobile Message Program. Mobile messages are transmitted by telecommunications service providers over whom Kirby-Smith has no control.
User Opt Out: You may choose to opt-out of receiving SMS/MMS mobile messages as part of the Mobile Message Program at any time. If you do not wish to continue participating in the Mobile Message Program or no longer agree to this Agreement, you can stop receiving mobile messages by replying “STOP” to any mobile message received as part of the Mobile Message Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt-out by texting “END,” “QUIT”, “REVOKE,” “OPT-OUT,” “CANCEL,” and “UNSUBSCRIBE” to any mobile message you received. Opt-out requests will apply to all mobile messages types that you signed up for as part of the Mobile Message Program. You may also opt-out via our communication preference page available here. If you want to join again, just sign up as you did the first time and we will start sending mobile messages to you again.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Message Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Mobile Message Program.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
ALL MOBILE MESSAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. KIRBY-SMITH MAKES NO WARRANTY THAT MOBILE MESSAGES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE OR COMPLETE. YOU FURTHER AGREE THAT ALL USE OF THE MOBILE MESSAGE PROGRAM IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, KIRBY-SMITH DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMMUNICATIONS.
Program Description: Users can select the types of mobile messages they wish to receiver by subscribing at [link to the Communication Preference]. Without limiting the scope of the Mobile Message Program, users that opt into the Mobile Message Program can expect to receive messages concerning the promotions, marketing, and sale of inventory including general availability and pricing; updates on transactions, maintenance, or other service related information including billing and payment; important safety and emergency alerts; and account and operational information.
1. Promos & Marketing. Examples include but are not limited to: Special offers and discounts, New product or equipment announcements, Seasonal campaigns, Event invitations or promotions
2. Service-Related & Transactional. Examples include but are not limited to: Appointment confirmations and reminders for machine maintenance, Order and delivery updates, Service scheduling notifications, Repair or maintenance status updates
3. Account & Operational. Examples include but are not limited to: Account activity or changes, MyKomatsu Login or security alerts, Account preference updates
4. Important Safety & Emergency Alerts. Examples include but are not limited to: Severe weather or site safety alerts, Equipment safety notices or recalls, Facility closures or disruptions, Urgent operational or hazard notifications
Cost and Frequency: Message and data rates may apply. The Mobile Message Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: You can contact us via our online portal available, here. Please note that the use of this online portal is not an acceptable method of opting out of the Mobile Message Program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Mobile Message Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Mobile Message Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Message Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. When you complete forms online or otherwise provide us information, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Mobile Message Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.
Age Restriction: The Mobile Message Program is intended for adults and you may not use or engage with the Mobile Message Program if you are under thirteen (13) years of age. If you use or engage with the Mobile Message Program and are between the ages of thirteen (13) and eighteen (18) years of age or the age of majority as that is defined in your jurisdiction, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Mobile Message Program, you acknowledge and agree that you are not under the age of thirteen (13) years, and if under the age of eighteen (18) or the age of majority as that is defined in your jurisdiction, you have your parent’s or legal guardian’s permission to use or engage with the Mobile Message Program, or are of adult age in your jurisdiction. By using or engaging with the Mobile Message Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Mobile Message Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Mobile Message Program. Prohibited content includes:
As part of the provision of the Mobile Message Program, we may receive certain information from you including your mobile phone number, the name of your mobile carrier, and the date, time, and content of your messages or any other information you provide to us using mobile texting. For information regarding the collection, use and retention of your information by Kirby-Smith, view our Privacy Policy.
The Terms shall be construed, interpreted, and enforced according to the laws of the State of Oklahoma and the United States of America, without regard to conflict of law rules or principles. If any dispute relating to the Terms and your use of the Website is deemed to be not subject to mandatory arbitration as further described in this section, you acknowledge and agree that by using the Website, the sole and exclusive venue and jurisdiction for such disputes shall be in the federal and state courts located in Oklahoma County, Oklahoma.
YOU AGREE IN THE EVENT OF ANY DISPUTE RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE; THE PARTIES SHALL FIRST ATTEMPT TO RESOLVE ANY SUCH DISPUTE THROUGH INFORMAL NEGOTIATIONS BEFORE RESORTING TO ANY OTHER FORM OF DISPUTE RESOLUTION. IF THOSE EFFORTS FAIL, THEN ARBITRATION SHALL BE THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE. THE ARBITRATION SHALL BE HELD IN OKLAHOMA CITY, OKLAHOMA, AND SHALL BE CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR APPLYING THE RULES OF COMMERCIAL ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL APPLY OKLAHOMA LAW. ANY ARBITRATION SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) YOUR REMEDIES ARE LIMITED TO CLAIMS FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF OF ANY KIND: (2) THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES AND COSTS; (3) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY); (4) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (5) YOU SHALL KEEP CONFIDENTIAL AND NOT DISCLOSE THE NATURE OF THE DISPUTE, ANY MATTER RELATING TO THE ARBITRATION OR THE RESULTS THEREOF WITHOUT THE EXPRESS WRITTEN CONSENT OF KIRBY-SMITH. SOME OF THE ABOVE-STATED PROVISIONS THAT LIMIT OR EXCLUDE LIABILITY MAY NOT BE APPLICABLE TO YOU IF YOU ARE SUBJECT TO A JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS OR EXCLUSIONS OF LIABILITY.
Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website, or any items such users have listed or searched for on our Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use our Website and the content, information or other materials, products and services within or otherwise available through our Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website or the content, information or other materials, products or services within or otherwise available through our Website will not be permitted.
You agree that any and all causes of action arising out of or relating to our Website or the content, information or other materials, products or services within or otherwise available through our Website shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof.
If you have any questions, please contact us at Sales@kirby-smith.com.
TERMS AND CONDITIONS LAST UPDATED 07/29/2026
