III. COPYRIGHTS & TRADEMARKS
Kirk Distributors Limited hereby authorizes you to copy documents published by Kirk Distributors Limited on this Internet site for non- commercial use within your organization only, provided any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein.
All content and information available on or through the sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kirk Distributors Limited and its content suppliers are protected by Jamaican and international copyright laws. The compilation of all content on the sites is the exclusive property of Kirk Distributors Limited and protected by Jamaican and international copyright laws. All software used on this site is the property of Kirk Distributors Limited or its software suppliers and protected by Jamaican and international copyright laws.
The trademarks, service marks, trade names, trade dress, and products (“Marks”) on the sites are the property of Kirk Distributors Limited, its affiliates or subsidiaries, or third party owners, and are protected by Jamaican and international trademark laws. Users are prohibited from using any of the Marks appearing throughout the sites without expressed written consent from the respective owners of the Marks except as permitted by applicable laws. No use of any of Kirk Distributors Marks may be made without prior written authorization from Kirk Distributors Limited, except to identify the products or services of Kirk Distributors Limited.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Kirk Distributors Limited or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Kirk Distributors Limited copyright.
POLICY REGARDING COPYRIGHT INFRINGEMENT AND DESIGNATION OF A COPYRIGHT AGENT
Kirk Distributors Limited’s policy regarding copyright infringement is incorporated herein and follows below:
Kirk Distributors Limited respects the intellectual property rights of others and requires those who visit our website to do the same. Kirk Distributors Limited may, in appropriate circumstances and at its discretion, remove or disable access to material on its website that infringes upon the copyright rights of others. Kirk Distributors Limited may also, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on our website in any manner that constitutes copyright infringement, please notify Kirk Distributors Limited by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Kirk Distributors Limited agent for notice of claims of copyright infringement on this website is can be reached at following:
By mail: Kirk Distributors Limited, 216 Marcus Garvey Drive, Kingston 11, Jamaica
By email: firstname.lastname@example.org
IV. NO ENDORSEMENT OF CONTENT AND LINKS TO OTHER WEB SITES
Kirk Distributors Ltd. will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided, including third party information, such as, but not limited to, press releases, articles, etc. or information from third-party websites linked to from this Site.
Any links to other sites are provided as merely a convenience to the users of this Internet site. This Internet site may provide links or references to other sites but Kirk Distributors Ltd. has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content. Thus, Kirk Distributors Ltd does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
V. NO WARRANTIES
THE MATERIALS, SERVICES AND INFORMATION ON THIS SITE ARE PROVIDED BY KIRK DISTRIBUTORS LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. KIRK DISTRIBUTORS LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. KIRK DISTRIBUTORS LTD MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE TIMELY, COMPLETELY ERROR-FREE, OR WILL MEET USER’S REQUIREMENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding exclusion of implied warranties.
No advice or information, whether oral or written, obtained by a visitor from Kirk Distributors Ltd shall create any warranty not expressly made herein.
Kirk Distributors Ltd may make changes to the information, materials, or services on this Site or to the products or prices described on this site, at any time without notice. The information, materials or services on this Site may be out of date, and Kirk Distributors Ltd makes no commitment to update the information, materials, or services.
VI. SYSTEM OUTAGES
Kirk Distributors Ltd. periodically schedules system downtime for maintenance, repair and other purposes. Unplanned system outages may also occur. Kirk Distributors Ltd shall have no liability whatsoever for the resulting unavailability of the websites or for any loss of data or transactions caused by planned or unplanned system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
VII. LIMITATION OF LIABILITY
KIRK DISTRIBUTORS LTD SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THIS SITE OR ANY LINK FROM THIS SITE. IN NO EVENT WHATSOEVER SHALL KIRK DISTRIBUTORS LTD., ITS SUBSIDIARIES, SUPPLIERS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF SALES, PROFITS, REVENUES, GOODWILL, DATA, OTHER INTANGIBLE LOSSES, OR BUSINESS INTERRUPTIONS WHETHER ARISING IN TORT, CONTRACT, WARRANTY OR ANY OTHER LEGAL THEORY REGARDLESS OF KIRK DISTRIBUTOR’S NEGLIGENCE OR WHETHER KIRK DISTRIBUTORS LTD. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KIRK DISTRIBUTORS LTD’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT OF ANY FEES PAID, IF ANY TO KIRK DISTRIBUTORS LTD. FOR USE OF THE SITE BY THE VISITOR. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS, THEREOF.
You agree to indemnify, defend and hold Kirk Distributors Ltd, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers and any third party Website providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages and costs, including actual attorneys’ fees, resulting from your violation of this Agreement, misuse or abuse of the Website, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Kirk Distributors Ltd.’s defence of any claim. Kirk Distributors Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Kirk Distributors Ltd. You agree to immediately notify Kirk Distributors Ltd. of any unauthorized use of your account or any other breach of security known to you.
Should any viewer of this Internet site respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any Kirk Distributors Ltd. document, such information shall be deemed to be non- confidential and Kirk Distributors Ltd shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Kirk Distributors Ltd. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
XII. ACCEPTABLE AND LAWFUL USE OF THE SITE
Any information provided to Kirk Distributors Ltd, in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libellous, unlawfully threatening or harassing; and (f) shall not create liability for Kirk Distributors Ltd, or cause us to lose the services of our Internet Service Providers or other suppliers.
The sender of any communications to this Site or otherwise to Kirk Distributors Ltd, shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. Kirk Distributors Ltd. reserves the right to delete, modify or supplement the content of this Site at any time for any reason without notification to anyone.
XIII. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere with the proper working of the Site. You may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of Kirk Distributors Ltd. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (i.e. “Spam.”)
You shall not use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or content without the prior expressed written permission of Kirk Distributors Ltd.
XIV. HEALTH INFORMATION
This site may contain information on medical and health-related topics. This information is not intended to be a substitute for the advice provided by your own physician or other medical professional. You should not use this information for diagnosing a health problem or disease but should always consult your own physician. This Site does not collect personally identifiable health information.
XV. FORWARD-LOOKING STATEMENTS
This website may include forward-looking statements that involve risks and uncertainties, including technological advances in the medical field, product demand and market acceptance, the effect of economic conditions, the impact of competitive products and pricing, foreign currency exchange rates and other risks. These forward-looking statements are made as of the date of publication. All of these forward-looking statements are based on estimates and assumptions made by management of the company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results or experience could differ materially from the forward-looking statements.
XVI. APPLICABLE LAW AND DISPUTES
The site (www.kirkdistributorsltd.com) contains information about products which may not be available for sale in all countries. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized by the laws and regulations of the country where the reader resides. Kirk Distributors distribution network is limited to Jamaica and bound by international trade laws and agreements.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the Jamaica for any litigation arising out of or relating to use of or purchase made through the Kirk Distributors Ltd.’s sites (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Courts of Jamaica’s and agrees not to plead or claim in any Jamaican Court that such litigation brought therein has been brought in an inconvenient forum.
XVII. SEVERABILITY AND ENTIRE AGREEMENT
Kirk Distributors Ltd. may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.