The access to and use of this Web Site is governed by these terms. Entering into this Web Site indicates that you have reviewed the Web Site Terms of Access and have agreed to be bound by these terms. If you do not accept these Terms, you are not authorized to use the Kestrel Industrial (KESTREL) Web site. Your continued use is your automatic agreement to the applicable provisions provided herein.
All information provided on this Web Site is subject to change without notice. While efforts have been made to ensure the information on this Web Site is helpful and accurate to visitors, there is potential for errors due to the open nature of this Web Site. For this reason, KESTREL does not warrant the accuracy of information obtained from this Web Site due to errors that could result from the storage and transmission of digital information or other circumstances beyond our control. ALL MATERIALS APPEARING ON THIS SITE ARE "AS IS" AND WITHOUT WARRANTIES EITHER EXPRESSED OR IMPLIED. KESTREL DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KESTREL DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KESTREL DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You may be included in mail sent US post office or by email. You always have the right to opt out and unsubscribe. Any email or offer without an expiration date will be in effect for three days only including the date of the mailer being sent. Maximum savings if unstated, is $500.00. Offers are valid only for one shipment to one location. We reserve the right to amend or change this policy at any time. Kestrel Industrial, its agents, officers, employees and contractors under no circumstance shall be liable for damages that may result from any errors or omissions which would make the offer invalid and void. Void where prohibited by law.
SHOPPING CART FREIGHT MISCALCULATIONS
Interstate Products does it's best to obtain correct freight quotes. However, we are not responsible for miscalculations and will alert buyer in the event of same. At that time the buyer may elect to cancel without penalty.
TERMS OF SALE
The Terms of Sale contain KESTREL conditions of sale. Placement of an order shall be deemed as acceptance of these Terms. KESTREL objects to any additional or different terms which may be contained in any of the buyer's purchase order, acknowledgment or other communications. Please review these terms as they apply to the location of your business:
Domestic Terms of Sale (U.S.A.) | International Terms of Sale
ACCESS AND USE OF INFORMATION
Access to this Web Site is limited to viewing the linked Web pages solely for legitimate business purposes to obtain information provided by KESTREL at this Web site. Any access or attempt to access other areas of the KESTREL computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web Site other than in connection with a legitimate business purpose. You may not use any device, software or routine, malicious code or repeated "hacks" or "attacks" on web server(s), intended to damage or interfere with the proper working of the KESTREL Web Site or to covertly intercept or expropriate any system, data or personal information from the KESTREL Web Site. You may not take any action which imposes an unreasonable or disproportionately large load of traffic on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
This Web Site contains many KESTREL and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web Site including copyright, trademarks, brands, trade secret and patent rights are reserved. Access to this Web Site does not constitute a right to copy or use any of the intellectual property of KESTREL or its suppliers. Statutory notice contained herein represents trademark status in the United States.
This Web Site may be linked to other sites which are not maintained by KESTREL and therefore KESTREL cannot be held responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship or recommendation by KESTREL of the sites. KESTREL disclaims any liability for links from another site to KESTREL or links from KESTREL to another site. In order to link to KESTREL, all users must comply with our linking terms. KESTREL reserves the right to revoke our consent to any link at any time.
KESTREL retains the right to reproduce or publish any and all comments, remarks, suggestions, ideas, or other information communicated to KESTREL through this Web Site in connection with any KESTREL products. The Purchaser and any prospective customer hereby grants to KESTREL any and all rights such Purchaser or prospective customer has or may have in such communications and thereafter they will forever be the property of KESTREL , with the exception of any proprietary graphics, logos, tradenames, brands or other similar intellectual property of Purchaser or prospective customer. Notwithstanding the foregoing, KESTREL retains the right to use such Purchaser's or prospective customer's trademark, tradename, graphics or logos for purposes of publishing any testimonial provided by Purchaser or prospective customer, and the Purchaser (or prospective customer) hereby grants KESTREL a limited license in such logos, graphics, tradenames or trademarks solely for the purposes of publishing any customer testimonials related to KESTREL products. Unless otherwise specified in writing, all material submitted to KESTREL will be presumed to be public and KESTREL will not be required to treat the information as confidential. KESTREL shall have exclusive ownership of all present and future existing rights in the comments, testimonials or other similar communications submitted to KESTREL through this Web Site, without compensation to the person sending the information.
All materials contained on this Web Site are subject to the ownership rights of KESTREL and our Suppliers who provide content. No permission is granted to users of the Web Site to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Web Site. No part of the work reflected on KESTREL 's web pages and covered by copyright law may be reproduced or copied in any form or by any means including but not limited to graphical, mechanical or electronic, photocopying, taping, or information storage and retrieval systems without the written permission of KESTREL . All rights are reserved by KESTREL and you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the KESTREL Web Site, including its content.
GOVERNING LAW AND JURISDICTION
By accessing the KESTREL Web Site, you agree to these Site Terms of Access and your use of the KESTREL Web Site shall be governed in all respects by the internal substantive laws of the State of Florida, United States of America. KESTREL makes no representation that materials on the KESTREL Web Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so of their own initiative and are responsible for compliance with local laws. Furthermore, any controversy or claim brought by you against KESTREL arising out of or relating to these Site Terms of Access or the KESTREL Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sarasota, Florida, USA, or in another location within the State of Florida, USA at our discretion and judgment on the arbitration award may be entered any court having jurisdiction thereof.
LIMITATION OF LIABILITY
KESTREL maintains agreements with suppliers that provide scheduled and preventative maintenance, required and emergency maintenance work on our Web Site. We will have no liability for the availability of the KESTREL Web Site caused by our supplier's performance or lack of performance of the maintenance work to keep the KESTREL Web Site operable. We will also not be held liable for any loss of data or transactions resulting from delays, non-deliveries, missed deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the KESTREL Web Site.
IN NO EVENT SHALL KESTREL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, RELATED TO YOUR USE OR INABILITY TO USE THE WEB SITE REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
RELATIONSHIP AND TERMINATION OF USE
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Site Terms of Access between you and KESTREL. These Site Terms of Access are an agreement between you, the user, and KESTREL and are not intended to be for the benefit of any third party. If at any time you are not in compliance with these Site Terms of Access, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the KESTREL Web Site. We also have the right to terminate your use at our discretion, for any reason or no reason.
If any provision of these Site Terms of Access is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. 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 Site Terms of Access, and all writings and web pages incorporated by reference into these Site Terms of Access, set forth the entire understanding and agreement between us with respect to the subject matter hereof.