Terms of Use - Knipper

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Terms of Use

Terms of Use

These Terms of Use apply to all visitors (“Visitor,” “User,” or “You”) who use the publicly available pages of the J. Knipper and Company, Inc. (“Knipper”) website located at https://www.knipper.com (the “Site”). The Site may be accessed via the World Wide Web, via a mobile application, or through a website hosted by a third party or one of our affiliated companies. If You access non-publicly available portions of the Site to which You have been granted authorized access, any additional terms and conditions located on those pages will also apply and will control in the event of a conflict with these Terms of Use.

By using or accessing the Site, You signify Your acknowledgment and consent to the terms and conditions of use set forth below. If You do not agree to these Terms of Use, please do not use the Site.

Knipper reserves the right to change these terms from time to time as it deems to be necessary and can revise these Terms of Use at any time by updating this posting. Your use after the Terms of Use have been updated indicates Your agreement and acceptance of the updated version of the Terms of Use. Please check these Terms of Use periodically for changes.

The Site is intended for United States audiences only. You must be at least 18 years of age to use the services on the Site.

Disclaimer

The information provided on the Site is for informational and/or marketing purposes or general guidance only, and does not constitute medical, legal, or other professional advice. The receipt of any questions or feedback You submit to Knipper does not create a professional relationship and does not create any privacy interests other than those described in the Privacy Policy.

Knipper has made and will continue to make efforts to include accurate and current information on the Site. However, Knipper provides no warranty or guarantee regarding the accuracy, timeliness, completeness or suitability of the information and materials found or offered on the Site for any purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The Site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Knipper does not warrant that the functions contained on the Site will be uninterrupted or error-free or that the Site or the server that makes it available are free of viruses or other harmful components. To the extent that You reside in a jurisdiction where exclusions of implied warranties are not recognized, the above exclusion may not apply to You.

You agree that You access and use the Site and the content thereof at Your own risk. Neither Knipper nor any other party involved in creating, producing or delivering the Site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of Your access, use or inability to use the Site, or any errors or omissions in its content.

Site Content and Intellectual Property

Images and information (“Content”) contained on the Site are copyrighted and otherwise proprietary. Unless otherwise expressly identified, the Site’s Content is owned by Knipper or by its third-party licensors. The Site’s Content is protected by United States and international copyright, trademark, and other laws. You may browse the Site and download the Site’s Content solely for Your personal use, provided You keep intact all copyright and other proprietary notices.  Knipper grants You permission to print individual pages from the Site, unless otherwise expressly noted, for Your own personal, non-commercial use in learning about services or products offered by Knipper or for Your non-commercial use in connection with healthcare or education. Except as expressly permitted in these Terms of Use, You may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way the Site’s Content, including code and software underlying the Site, nor may You sell, transfer, or otherwise use the Site or the Site’s Content in commerce or for any public or commercial endeavor without Knipper’s prior and express written consent. Knipper may in its sole discretion make changes to the Site’s Content at any time without notice.

 Links to Third Party Websites

The Site contains hyperlinks (“Link(s)”) to other websites maintained by third-parties over whom Knipper has no control. Such Links are provided as a convenience to users of the Site. Knipper assumes no responsibility for the content of the websites and makes no representations as to the accuracy or completeness of any information contained on such websites. Please note that once You click on a Link that transfers You from the Site to another website, You have left the Site, and these Terms of Use will immediately cease to apply to any subsequent activity on the other website. Knipper is under no obligation to notify You when You have left the Site and have accessed another website. Use of any other website will be governed by the privacy policy, terms of use, and/or other policies (if any) on the website. Knipper assumes no liability for any damages or injuries of any kind arising from such content or information.

Privacy Policy Incorporated by Reference

You agree to the privacy policy (“Privacy Policy”), which is incorporated by reference in these Terms of Use and available here.

Use Restrictions and User Obligations

You agree that You will not: (a) use the Site for any purpose that is unlawful, illegal or a violation of applicable Federal, State, or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with another person’s access to the Site or the proper operation of the Site; (c) delete or revise any of the Site’s Content; (d) take any action that imposes an unreasonable or disproportionately large use  or burden on the Site’s infrastructure; (e) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Termination of Access

Knipper reserves the right to suspend or terminate Your access to all or part of the Site, at any time, without notice to You, if it believes, in its sole judgment, that You have breached or may breach any term or condition of this agreement, or for its convenience.

Choice of Law and Jurisdiction

These Terms of Use are governed by the internal substantive laws of the State of New Jersey, without resort to its conflict of laws principles. 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. You expressly agree that exclusive jurisdiction for any dispute with Knipper, or in any way relating to Your use of the Site, resides in the courts of the State of New Jersey.

NO WAIVER

Any waiver by Knipper must be express and in writing, must be directed specifically by Knipper to You, and must be signed by a Knipper duly authorized representative. Knipper’s failure to enforce any provision of these Terms of Use or to respond to a breach by You or third parties shall not in any way limit or waive Knipper’s right to do so, including without limitation Knipper’s right to enforce subsequently any provision of these Terms of Use, or to assert Knipper’s rights with respect to the same or similar breaches.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL J. KNIPPER AND COMPANY, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SITE, EVEN IF J. KNIPPER AND COMPANY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL J. KNIPPER AND COMPANY, INC.‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Entire Agreement

Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between You and Knipper with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by You in any e-mail or other communication shall not be binding on Knipper and are hereby objected to and expressly rejected.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. Knipper reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Knipper may have.

Updated Effective Date

The effective date of this policy is April 1, 2021