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TERMS AND CONDITIONS OF USE

Welcome to the Kohler web site (“Web site”). This Web site is offered as a service to our customers. Kohler, its subsidiaries and affiliates appreciate your interest in Kohler and its Web site. The following terms and conditions of use (“TOU”) set forth the basic rules for your use of the Web site. PLEASE READ THE TOU CAREFULLY BEFORE USING OUR WEB SITE. THE TOU GOVERN YOUR USE OF OUR WEB SITE, AND IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU SHOULD NOT USE THE WEB SITE.

 

  1. INTRODUCTION

Your use of the Web site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. Kohler may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Web site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Web site constitutes your agreement to comply with the posted TOU. By using this Web site, you represent and warrant that you are at least the age of majority in your state, territory, province, or country residence. If you are not the age of majority in your state, territory, province, or country of residence, you do not have permission to use the Web site.

 

  1. TRADEMARKS

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Web site are the registered and/or unregistered Trademarks of Kohler, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Web site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web site without the written permission of Kohler or such third party licensors that may own the displayed Trademarks.

 

  1. WEB SITE CONTENTS AND COPYRIGHT

The text, Trademarks, logos, images, graphics, photos, digital video and audio files, application functionality, or any other digital media, and their arrangement on this Web site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Web site are allowed solely for your purchase of Kohler products and services, information, education, entertainment, and communication with Kohler. You may download, copy or print the Content of this Web site for your non-commercial limited use only. No right, title, or interest in any of the Content of this Web site is transferred to you as a result of any downloading, copying, printing or use of this Web site.

 

  1. THIRD-PARTY LINKS

To the extent that the Web site may allow third-party links, those links may direct you to third-party websites that are not affiliated with Kohler. Kohler is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

 

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the TOU, you are prohibited from using this Web site or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web site, other websites, or the Internet. We reserve the right to terminate your use of this Web site for violating any of the prohibited uses.

 

  1. WEB SITES UPDATES

Kohler undertakes no obligation to update, amend or clarify information on this Web site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Web site should be taken to indicate that all information on the Web sites has been modified or updated. Please remember when reviewing information on this Web site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web site to become inaccurate or incomplete.

On occasion, information on this Web site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Kohler reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Web sites is inaccurate (including after you have submitted your order).

 

  1. SERVICE AND PRICING INFORMATION

Prices posted, if any, on the Web sites are for informational purposes only, and Kohler reserves the right to change prices or fees for services any time prior to an actual purchase. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services are subject to change at any time without notice at the sole discretion of Kohler. Kohler reserves the right to discontinue any products or services at any time. Any offer for any promotion or service made on this Web site is void where prohibited.

Our Web sites, Content, product information, and any products and services sold through the Web sites are intended to comply with U.S. laws and regulations. If you are a non-U.S. user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those established in the U.S.

 

  1. LIMITATIONS ON LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE: (1) THAT YOUR USE OF OUR WEB SITES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE; AND (3) THAT KOHLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KOHLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KOHLER’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEB SITE EXCEED FIFTY ($50) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. KOHLER’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

  1. DISCLAIMER

THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” KOHLER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF OUR WEB SITES. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND KOHLER MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM OUR WEB SITES IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO KOHLER EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, KOHLER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

KOHLER RESERVES THE RIGHT TO ALTER OR REMOVE WEB SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND KOHLER WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

 

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD KOHLER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TOU.

 

  1. RELEASE

ALL USERS OF THIS WEB SITE ACKNOWLEDGE AND AGREE THAT KOHLER AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE WEB SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. KOHLER RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THIS WEB SITE.

 

  1. TERMINATION

Kohler may terminate the TOU at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Web site, if, in Kohler's sole discretion, you fail to comply with any term or condition of the TOU.

 

  1. CHOICE OF LAW AND FORUM

These TOU will be governed and construed in accordance with the laws of the State of Wisconsin, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Web site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Sheboygan County, Wisconsin.

 

  1. PRIVACY STATEMENT

Kohler is committed to protecting the privacy of the visitors to this Web site. For information on how information is collected, used, or disclosed by Kohler in connection with your use of the Web sites, please consult our Privacy Policy which is incorporated into the TOU by reference.

 

  1. NO OTHER AGREEMENTS

The provisions and conditions of the TOU constitute the entire agreement between you and Kohler related to the use of the Web sites and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Web site by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date. Should you have any questions concerning the TOU, or if you desire to contact Kohler for any reason, please contact our privacy@Kohler.com

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