Last updated: November 14, 2024 12:01 AM MST
WELCOME TO WWW.KAISERDOOR.COM, the website (the or this “Site”) of Kaiser Garage Doors & Gates, Inc., an Arizona corporation (“KGDG”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the or these “Terms” or “Terms of Use”) govern access to and use of the Site, including its content and functionality. In these Terms of Use, the words “we”, “us” or “our” refer to KGDG. The words “you”, “your”, “user” or “customer” refer to any individual or other person who accesses the Site or uses any of its features. The word “person” includes any individual, corporation, partnership, limited liability company, trust or other type of association. “Including” means “including but not limited to.” The word “will” has the same meaning as the word “shall.”
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, AS THEY INCLUDE IMPORTANT INFORMATION, INCLUDING LIMITATIONS OF OUR LIABILITY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS, YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THE SITE AND YOU MUST EXIT THE SITE IMMEDIATELY.
Consumer Residence And Age Limitations. We only provide goods and services in the states of Arizona and Nevada, United States of America. This Site is not intended to be used by consumers who are residents of states other than Arizona or Nevada, nor is it intended to be used by anyone under the age of 18. If you are under 18 or are a consumer who is resident of any state other than Arizona or Nevada, you may not access or otherwise use this Site.
Other Agreements. In addition to these Terms of Use, the Site may contain additional terms that also govern use of the Site or that govern particular features of the Site or particular offers made on the Site or aspects of your relationship with us (“Additional Terms of Use”). All Additional Terms of Use are a part of these Terms of Use. Your use of any information, products, software, services or features of the Site or your acceptance of offers that are subject to Additional Terms of Use constitutes your acceptance of the applicable Additional Terms of Use. If you do not agree with any Additional Terms of Use, you may not use the information, software, product, service or feature, or accept the offer, to which those terms apply. If any of these Terms of Use conflict with any Additional Terms of Use, then these Terms of Use shall control unless the Additional Terms of Use specifically say otherwise.
Changes To These Terms Of Use. These Terms of Use, including all Additional Terms of Use, are subject to change at any time by us in our sole discretion. Changes will be posted on the Site, and it will be your responsibility to regularly review these Terms of Use, including any Additional Terms of Use, for changes. You waive any right to receive specific notice of any change. Your use of the Site on or after the effective date of a change constitutes your acceptance of the change. If you do not agree to any change or addition to these Terms of Use, you must not use the Site.
Termination Or Suspension Of Access And Use. We may terminate these Terms of Use, refuse to provide service, or terminate or suspend your access to or use of the Site or any portion or content hereof in our sole discretion at any time and for any reason whatsoever, with or without notice, and without liability. Upon any termination or suspension of rights of access or use, or upon any termination of these Terms of Use, your right to access or use the Site and its contents will immediately cease, however, all provisions of these Terms of Use other than those that allow you access or use will survive, including provisions establishing governing law, exclusive jurisdiction and all disclaimers and limitations of liability.
Site Content; E-Mail/Text Services. The content of the Site and the content of e-mails and texts sent to those who contact us through the Site or who sign up on the Site for any of KGDG’s e-mail or text messaging lists (referred to collectively as “KGDG E-Mails”) is provided for your information and non-commercial use only and may not be distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our express prior written consent. Unless specified otherwise, the Site and KGDG Emails and all content and other materials on the Site or in KGDG Emails, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and the arrangement thereof (collectively, “Site Content”) are owned by us or licensed to us, all rights reserved. Site Content is subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Except as explicitly set forth in these Terms of Use, no right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use.
Trademarks. Kaiser Garage Doors & Gates™ and KGDG® are trademarks of Kaiser Garage Doors & Gates, Inc., as are other KGDG graphics, logos, tag lines and service names. All trademarks not owned by KGDG that appear on the Site or in KGDG E-Mails are the property of their respective owners. Neither trademarks of KGDG nor any other trademarks appearing in the Site, including those appearing in photographs and other images on the Site, may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Prohibited Uses. You agree that you will use the Site in compliance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the Site. You agree that you will not engage in any of the following activities:
User Information and Ideas. In this paragraph, the word “Information” means any information, materials, suggestions, questions, product reviews, graphics, photographs, images, recordings, ideas or comments that relate to the Site or KGDG or KGDG’s services, products, operations, personnel, facilities, property, or intellectual property. It does not include your name or any other personally identifiable information. By posting Information on the Site or by otherwise communicating Information to us or our affiliates by any means, including by phone, e-mail or use of the Site or KGDG E-mail, you agree that the Information is not confidential, that you have all necessary rights and authorities to provide the Information, that you are irrevocably transferring to KGDG all rights in the Information, and that you waive all moral rights relating to the Information. You agree that as a result we will be free to use or exploit the Information as we may choose in our sole discretion, without restriction and without obligation to you of any kind, including without obligations of notice, payment, acknowledgment or confidentiality. We will have the right to prosecute all applications, registrations and procedures we deem necessary to protect our ownership of and right to use the Information, and you agree to cooperate with all such efforts.
Errors and Inaccuracies; No Endorsement. Product and service descriptions, illustrations, instructions, advice and other information on the Site or any KGDG E-mail are not designed or intended to replace your personal knowledge, experience and/or research. We strive to be accurate in our product and service descriptions, illustrations, instructions, advice, pricing, links and all other information contained in or referenced on the Site or in KGDG E-mails. We cannot, however, and do not, guarantee that all of it is entirely accurate, complete, or current. We shall not be liable for errors or inaccuracies. The display, offer or advertisement on the Site or any KGDG E-mail of any third-party’s product or service does not constitute an endorsement by us of the product or service or of any information relating to same provided by the third party, or of the third party itself. We will not be liable for any inaccuracy, insufficiency or failure of any product or service of any third party or any information on the Site provided by any third party.
Links Created by You. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for personal, noncommercial purposes, provided such link does not portray KGDG or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a KGDG trademark, logo or other proprietary graphic of KGDG to link to the Site without our express written permission.
Links to Third-Party Websites. The Site and KGDG E-Mails may contain links to third-party websites, including some that display KGDG trademarks and some that provide services on or through the Site (“Linked Site(s)”). In addition to pages accessed through links that are clearly presented as links, pages that say “brought to you by” or “powered by” a third party, or something similar, are pages on a Linked Site. Links are made available for your convenience and are intended only to enable access to these Linked Sites and for no other purpose. The presence of a link to a Linked Site on the Site or in a KGDG E-Mail is not an endorsement or approval of the Linked Site, its content or its privacy policies or practices. We do not warrant or make any representation about the substance, quality, functionality, accuracy, safety, non-infringement, fitness for a particular purpose, merchantability or any other quality or character of any Linked Site or its content, or of any products, services, information or other items displayed, promoted, offered, sold, provided or otherwise appearing or available on or through the Linked Site. If you access a Linked Site or use its services, your transaction is with the Linked Site, not KGDG. The terms of use and privacy policy of any Linked Site may differ substantially from those of the Site. We recommend that you review the terms of use, privacy policies and other aspects of use of any Linked Site you visit. It is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Site or other websites or applications, is free of viruses, worms, trojan horses, defects and other items of a destructive nature.
Procedure For Copyright Infringement Claims. We respect the intellectual property rights of others. It is our policy to respond to any claim that Site Content infringes on the copyright rights of any person. If you believe in good faith that any Site Content infringes your copyright, you (or your agent) may sent us a notice under the Digital Millenium Copyright Act of 1998 (“DMCA”) requesting that the content be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Please note that you may be held accountable for damages, including but not limited to costs and attorneys’ fees, for any misrepresentation or bad faith claims regarding the infringement of your copyright rights.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We will not process your complaint if it is not properly filled out or is incomplete. You may submit your notice or counter-notice to our agent for receiving notice of copyright claims at:
By mail: Kaiser Garage Doors & Gates, Inc.
Copyright Agent
1942 W Price St
Tucson, AZ 85705
United States of America
By E-mail: Lorannda@kaiserdoor.com
NO WARRANTY. THE SITE AND KGDG E-MAILS ARE PROVIDED BY KGDG ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. KGDG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH THE SITE OR KGDG E-MAILS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KGDG DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF THE SITE AND AS TO THE INFORMATION AND CONTENT MADE AVAILABLE ON OR THROUGH THE SITE OR KGDG E-MAILS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, PRIVACY OR SECURITY. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, KGDG DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. KGDG ALSO DISCLAIMS ALL WARRANTIES THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR KGDG E-MAILS WILL BE FREE OF VIRUSES, MALWARE OR OTHER THREATS TO PROPERTY OR PRIVACY. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR KGDG E-MAILS THAT EXTEND BEYOND THE FACE OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY AND DAMAGES. NEITHER KGDG NOR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, ATTORNEYS OR REPRESENTATIVES (INCLUDING KGDG, THE “KGDG PARTIES”) SHALL BE HELD RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA) ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY KGDG E-MAILS, INCLUDING ANY INFORMATION APPEARING THEREIN, WHETHER OR NOT ANY OF THE KGDG PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. IN ANY EVENT, THE KGDG PARTIES’ COMBINED MAXIMUM LIABILITY TO YOU AND YOUR AFFILIATES SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000.00) IN AGGREGATE. THESE EXCLUSIONS OF DAMAGES ARE INDEPENDENT OF THE EXCLUSIVE REMEDY PROVIDED IN THE PARAGRAPH BELOW AND SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY KGDG E-MAIL OR ANY INFORMATION APPEARING IN EITHER, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANY KGDG PARTY WITH RESPECT TO THESE TERMS OF USE, THE SITE OR KGDG E-MAILS, INCLUDING WITH RESPECT TO ANY INFORMATION PROVIDED THEREIN, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND TO REMOVE YOURSELF FROM THE MAILING LISTS FOR KGDG E-MAILS IN THE MANNER SPECIFIED ON THE SITE OR IN KGDG E-MAILS.
WITHOUT LIMITATION OF THE GENERALITY OF ANY OTHER DISCLAIMERS OR LIMITATIONS OF LIABILITY AND DAMAGES, YOU ACKNOWLEDGE AND AGREE THAT KGDG AND THE OTHER KGDG PARTIES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY GOODS OR SERVICES OBTAINED FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE SITE OR IN KGDG E-MAILS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMERS AND WARRANTIES CUMULATIVE. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND DAMAGES APPEARING IN THESE TERMS OF USE ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS OF USE IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS OF USE.
LIMITATION OF LIABILITY LIMITATIONS. THE DISLAIMERS AND LIMITATIONS OF LIABILITY AND DAMAGES IN THESE TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THEY ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. IN PARTICULAR, THEY ARE NOT INTENDED TO LIMIT OR EXCLUDE LIABILITY OF KGDG OR ANY OTHER KGDG PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
LIMITED PERIOD FOR FILING SUIT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR KGDG E-MAILS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. YOU AGREE THAT NEITHER OF US MAY BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Indemnification. Without limitation of any other indemnities provided in these Terms of Use, you agree to defend, indemnify and hold harmless KGDG and the other KGDG Parties from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site or any KGDG E-mail, (b) any Information you provide or transmit on or through the Site or KGDG E-mail, (c) your violation of these Terms of Use, (d) your violation of any rights of another, or (e) your conduct in connection with the Site or KGDG E-mail. Some jurisdictions limit consumer indemnities, so some or all of this indemnity provision may not apply to you.
Attorneys’ Fees. In the event of litigation or arbitration with respect to these Terms of Use, the Site or KGDG E-Mails, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees and expenses incurred in connection with same, and such recovery shall be made a part of any award or judgment rendered.
Waiver. From time to time, KGDG, at its sole discretion, may waive the application of any provision of these Terms of Use for the benefit of any one or more persons without obligation to do the same for any other person regardless of any similarity of circumstances. No waiver shall be deemed to occur, however, unless it is given or acknowledged by KGDG in writing. Without such a writing, KGDG’s failure to exercise any right, remedy, or option under these Terms of Use, or any delay by KGDG in exercising the same, will not operate as a waiver.
Severability. If any part of these Terms of Use is declared void or unenforceable, these Terms of Use shall be reformed by a court to the extent necessary to make the such part enforceable. If such reformation is not possible or is otherwise refused by the court, the offending part shall be deemed severed from these Terms of Use. The invalidity or unenforceability of any term or provision of these Terms of Use or the non-application of any such term or provision to any party or circumstance shall not impair or affect the remainder of these Terms of Use, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.
Captions; Entire Agreement. The captions used in these Terms of Use are for convenience only and shall not be used to construe or interpret any of the provisions of these Terms of Use. These Terms of Use, including any Additional Terms of Use, constitute the entire agreement between you and KGDG with respect to the Site and KGDG E-mails and your use thereof. They supersede and replace any prior agreements we might have had with you regarding the same.
Governing Law; Exclusive Jurisdiction. The Site and KGDG E-Mails are created and controlled by KGDG in the state of Arizona, USA. Use of the Site and KGDG E-Mails shall be governed by and construed in accordance with the law of the State of Arizona, without giving effect to its principles of choice or conflicts of law. Those who choose to access the Site from other jurisdictions, and those who elect to receive KGDG E-Mails in other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. YOU AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY KGDG, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS THAT RELATE IN WHOLE OR IN PART TO THE SITE OR ANY KGDG E-MAIL OR THESE TERMS OF USE SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.
Owner of the Site. Kaiser Garage Doors & Gates, Inc., an Arizona corporation, is the sole owner of the Site. If you have a question or complaint regarding the Site, please send an email to lorannda@kaiserdoor.com. You may also contact us by writing to Kaiser Garage Doors & Gates, Inc., 1942 W. Price Street, Tucson, Arizona 85705, or by calling us at (520) 884-1771.
