Please read these Terms and Conditions of Use carefully.
If you access or use Ken Miller Customs website (the "Web Site"), you agree to these Terms
and Conditions of Use. This Web Site is sponsored by Ken Miller Customs ("Ken Miller Customs").
Ken Miller Customs may amend these Terms and Conditions from time to time. Amended Terms and Conditions
will be effective when posted on the Web Site, and your continued use of the Web Site after
that time will indicate your acceptance of any changes.
· License and Web Site Access Specific Prohibited Uses
· Third-Party Content Registration and Password
· Security Privacy Statement
· Linked Sites Disclaimers
· Limitation of Liability Indemnity
· Termination of Access Copyright
· Procedure for Making Claims of Copyright Infringement
· General Terms
License and Web Site Access
Ken Miller Customs grants you a limited license to access and make personal use of the Web Site,
including for your own, internal business purpose. We do not authorize you to download
(other than page caching) or modify all or any portion of the Web Site. This license also does
not include any right to resell or otherwise use the Web Site or any content on the Web Site
for any commercial purpose; to collect or use any product listings, descriptions, or prices;
to make any derivative work based on the Web Site or its content; to download or copy account
information for the benefit of yourself or another merchant; or to use any data mining or
similar data gathering tools on the Web Site.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes. Ken Miller Customs specifically prohibits, and you
agree not to do any of, the following:
·· Use any device, software or routine to interfere with the proper working of the Web Site or
any activity conducted on the Web Site;
·· Attempt to decipher, decompile, disassemble or reverse engineer any of the software or
other programming code comprising all or any part or feature of, or access through, the Web
·· Take any action that imposes an unreasonable or disproportionately large load on the Web
·· Use or attempt to use any engine, software, tool, agent or other device to navigate or
search the Web Site other than a search engine and search agents provided by Ken Miller Customs or
generally available third-party Web browsers, such as Netscape Navigator and Microsoft
·· If you have a password allowing access to a non-public area of the Web Site, including,
without limitation, third-party content and features or functionality for which user fees
apply, disclose or share your password with any third-party or attempt to use your password
for any unauthorized purpose.
Ken Miller Customs may publish content provided by third parties. Access to some third-party content may
be limited to authorized users. Ken Miller Customs is not responsible for the opinions, statements,
services, offers and other information of third parties, including the accuracy of any
technical information. It is up to you, the user, to determine whether information available
on the Web Site satisfies your needs.
Ken Miller Customs EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION PUBLISHED ON
THE WEB SITE IS ACCURATE OR ERROR-FREE. PUBLICATION OF THIRD-PARTY CONTENT ON THE WEB SITE
DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY BY Ken Miller Customs.
We welcome your comments regarding the Web Site. By providing to us any comments, information,
ideas or suggestions, including any original creative materials such as stories, photographs,
product ideas, computer code or original artwork (collectively, "Comments"), you agree that
Ken Miller Customs shall have a non-exclusive, worldwide, royalty-free, perpetual license and right to
use, reproduce, disclose, publish, distribute and sublicense the Comments for any purpose
whatsoever, without restriction and without compensating you in any way. If you do not wish to
grant Ken Miller Customs such rights, we ask that you not send us any Comments. We also ask that you not
send us any information you consider confidential.
Registration and Password
Certain areas or features of the Web Site may be limited to authorized users. For example,
technical information from a particular manufacturer may be limited to the manufacturer's
authorized dealers, and proof of authorization may be required by Ken Miller Customs. You are responsible
for maintaining the confidentiality of any user identification and password assigned to you
to access those areas or features of the Web Site. You shall also be responsible for all
activity using your user name and password, whether or not expressly authorized by you. You
agree to notify Ken Miller Customs immediately if anyone obtains unauthorized access to your user name
See Privacy Statement.
The Web Site includes hyperlinks that will take you out of the Ken Miller Customs Web Site to third-party
web sites. These links are provided for your convenience only and should not be considered an
endorsement by Ken Miller Customs of the sponsors of the linked web sites or the products, services or
information provided through the linked web sites. Third-party linked web sites are not
controlled by Ken Miller Customs.
Ken Miller Customs DISCLAIMS ALL RESPONSIBILITY FOR ANY CONTENT ON ANY LINKED WEB SITE AND FOR ANY
REPRESENTATION OR CLAIM RELATING TO THE QUALITY OF ANY PRODUCT OR SERVICE OFFERED ON, OR
OBTAINED THROUGH, ANY LINKED WEB SITE.
Due to the inherent hazards of electronic distribution, there may be delays, omissions or
inaccuracies in the content transmitted. Ken Miller Customs DOES NOT WARRANT THAT THE OPERATION AND
AVAILABILITY OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEB SITE WILL
MEET YOUR PARTICULAR REQUIREMENTS.
THE WEB SITE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. Ken Miller Customs DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH
RESPECT TO THE WEB SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Ken Miller Customs DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEB SITE
IS ACCURATE, COMPLETE OR CURRENT.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your
own discretion and risk, and you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any such material.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Ken Miller Customs OR ANY OF ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR THEIR
RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUCCESSORS OR ASSIGNS BE LIABLE
FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE
USE OF OR THE INABILITY TO USE THE WEB SITE, OR ANY CONTENT IN, OR TRANSACTIONS THROUGH, THE
WEB SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR IF THE POSSIBILITY OF SUCH DAMAGES SHOULD
HAVE BEEN KNOWN.
This is a comprehensive limitation of liability that applies to all losses and damages of any
kind (whether general, special, consequential, incidental, exemplary or otherwise, including,
without limitation, loss of data, income or profits). In the event your use of the Web Site is
subject to the law of any state or other jurisdiction that does not allow the exclusion or
limitation of incidental or consequential damages, such exclusion shall be deemed to be
limited to the minimum extent necessary to comply with such applicable law.
If you are dissatisfied with the Web Site or any content on the Web Site, or with these Terms
and Conditions, your sole and exclusive remedy is to discontinue using the Web Site.
You agree to indemnify, defend and hold harmless Ken Miller Customs, and its parent, subsidiaries and
affiliates, and their respective officers, employees, agents, successors and assigns
(the "Ken Miller Customs Indemnitees") from and against any damage, cost or loss, including reasonable
attorneys' fees, incurred by any of the Ken Miller Customs Indemnitees due to, or arising out of, your
use of the Web Site, your connection to the Web Site, your violation of these Terms and
Conditions, or your violation of any rights of another, including any damage, cost or loss
arising from any claim or demand of a third party against any of the Ken Miller Customs Indemnitees.
Termination of Access
Ken Miller Customs reserves the right to prohibit access to, and use of, the Web Site by any user who, in
Ken Miller Customs's sole discretion, violates these Terms and Conditions. Ken Miller Customs may take steps to
prohibit access or use without prior notice to the user. You agree that Ken Miller Customs shall not be
responsible or liable to you or any third party for termination of your access to the Web Site.
Intellectual Property Rights
All content including, without limitation, headers, images, illustrations, graphics, text,
logos, button icons, audio clips, digital downloads and data compilations, and the compilation
(meaning the collection, arrangement and assembly) of content, software and any HTML and other
programming code comprising the Web Site, is the exclusive property of Ken Miller Customs, its affiliates
or its content suppliers. United States and international copyright and other intellectual
property laws protect all of the foregoing. Any use of the Web Site or any content on the Web
Site other than as provided in the license above, including any reproduction, display,
modification, distribution, transmission or republication, is strictly prohibited.
The trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the
Web Site are registered and unregistered Trademarks of Ken Miller Customs, its subsidiaries, affiliates
and third-party licensors. Nothing on this Web Site shall be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Trademark displayed on the
Web Site without the prior written permission of the Trademark owner.
Ken Miller Customs produces the Web Site and/or makes the Web Site available from
its offices in the State of Ohio. Accordingly, these Terms and Conditions shall be governed in
all respects by the laws of the State of Ohio, without regard to choice of law principles. In
addition, you hereby submit to the exclusive personal jurisdiction and venue of the state and
federal courts located in Ohio.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to these Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred. A printed version of these
Terms and Conditions and/or of any notice given by Ken Miller Customs in electronic form shall be
admissible in judicial or administrative proceedings based upon, or relating to, these Terms
and Conditions or your use of the Web Site to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained by
Ken Miller Customs in printed form.
Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all
provisions of these Terms and Conditions, including, without limitation, these General Terms
and the warranty disclaimers and limitations of liability. Notwithstanding the foregoing, in
the event any provision of these Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. These Terms and Conditions and the Privacy
Statement set forth the entire understanding and agreement between us with respect to your
use of the Web Site. Other agreements may apply to your use of products and services offered
through the Web Site (collectively, "Product Agreements"). These Terms and Conditions and the
Privacy Statement supersede all prior or contemporaneous communications regarding use of the
Web Site, whether electronic, oral or written, between you and Ken Miller Customs except any Product
Agreements. Any product or service offered for a fee through the Web Site or at any area of
the Web Site where access is restricted may be subject to the terms and conditions of a
separate license or other agreement, which shall not be superseded by these Terms and
Conditions. Any modification of these Terms and Conditions must be proposed by you in
writing and accepted in writing by a duly authorized representative of Ken Miller Customs. Headings are
for reference purposes only and in no way define, limit, construe or describe the scope or
extent of such section.
Any rights not expressly granted to you in these Terms and Conditions are reserved to Ken Miller Customs.