TERMS AND CONDITIONS FOR USE OF KÄHRS WEBSITE

Last modified: March 31, 2021

Please read the following terms and conditions before using the AB Gustaf Kähr ("Kährs") website (the “Site”). (Any reference to “our” or “we” means Kährs.) Your access to the Site is also conditioned on your acceptance of and compliance with the Kährs Online Privacy Policy (the “Privacy Policy”). The Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you access the Site and tells you about your privacy rights and how the law protects you. By accessing and using the Site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (“Agreement”) including the Privacy Policy. Any reference to “terms and conditions” within this Agreement includes the terms of the Privacy Policy.

Kährs may amend these terms and conditions at any time. Your continued use of the Site constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using the Site to determine the current terms and conditions to which you are bound. You may view the most-recent date that the terms and conditions were modified at the top of this Agreement.

Sample Service and Registration of Personal Data 
Corporate Identification and Trademarks 
Copyright
Proprietary Rights to Content 
Disclaimer of Warranties 
Limitation of Liability 
Indemnification 

Dispute Resolution
Governing Law 
Waiver/Severability 
Reservation of Rights 
Online Privacy Policy
Information We Collect and How We Use It 
Notification of Changes 

GDPR Privacy

CCPA Privacy

Special Policy Regarding Information from Children Under Thirteen
Choices Regarding the Use of your Information
Security 
Contact Information

Sample Service and Registration of Personal Data. Our commercial sample service is intended for use by design and specifying professionals in the commercial business. Project information allows us to validate your request. This is a necessary step for us to continue to offer this free service to our specifying community.

You agree to provide truthful and accurate information when ordering samples. If you provide any information that is untrue, inaccurate or incomplete, Kährs reserves the right to suspend your use of any and all services offered through the Site.

If your project is not commercial construction or renovation, we ask you to use our consumer site to find a local dealer. Sample orders that are not for commercial applications (as determined in our sole discretion) will not be fulfilled from this site.

Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks used or referred to on the Site are the property of Kährs and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without Kährs’ prior written permission.

Copyright
All materials contained on the Site are copyrighted except where explicitly noted otherwise. © 2008 Kährs. All rights reserved.

Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Site, in sponsor advertisements or in other information presented to you ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Kährs gives you permission to electronically copy and print portions of the site for your personal use. However, Kährs retains the copyright on all such materials. You understand and agree that you are permitted to use this Content only as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without Kährs' prior written authorization. 

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Disclaimer of Warranties
Kährs makes no warranty that the Site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Kährs make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY PROVIDED OTHERWISE, KÄHRS PROVIDES THIS SITE AND CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KÄHRS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF KÄHRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Limitation of Liability
Kährs makes reasonable efforts to place accurate information on the Site. Nevertheless, you expressly understand and agree that Kährs shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR LOSS OF PROFITS resulting from any use of, or inability to use, the site, or resulting from any errors or omissions On the site or content, regardless of the basis upon which liability is claimed, even if Kährs has been advised of the possibility of such loss or damage. This includes damages for negligence or gross negligence.

NOTE: Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless Kährs, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of the Site or any product or service related thereto. 

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Dispute Resolution. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Seminole County in the State of Florida, and may be conducted by telephone or online, if available and allowed by law. The arbitrator shall apply the laws of the State of Florida to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.

 

Governing Law
This Agreement and the relationship between you and Kährs shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of laws provisions. The courts of Seminole County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. You agree to submit to exclusive jurisdiction of such Florida courts and waive any jurisdictional, venue or inconvenient forum objections for any such legal proceedings. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights
Any rights not expressly granted herein are reserved.

Online Privacy Policy
Kährs strives to achieve the highest standards of integrity for every online visitor. When you register at the Kährs website, we aim to respect your privacy and we are committed to maintaining the confidentiality and security of any Personal Data we collect. (“Personal Data” is any information that relates to an identified or identifiable individual.) This Privacy Policy sets forth how we collect, use and disclose information we obtain from you and learn about you when you visit our Site, including:

* The information we collect;

* The choices that are available to you regarding how the information is used and to whom it is disseminated;

* Your rights to access and correct or update your Personal Data; and

* Our pledge to have reasonable security procedures that are in place to protect the loss, misuse or alteration of information under our control.

If you have any questions or comments about Kährs' Privacy Policy, please contact us here. 

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Information We Collect and How We Use It
Kährs collects two types of information about you when you visit our site: personal information (including, by way of example only, your name, address, telephone number and e-mail address) and non-personal, aggregate information (such as information regarding the pages on our Site that you have visited and your IP address).

1. Personally-Identifiable Information - What We Collect

The only personally-identifying information we collect and store about you is the information that you choose to provide to us.

Electronic Mail
We will gather your personally-identifiable information when you send us an e-mail. We will use this information to respond to your e-mail. We may also use the information to send you notifications about our service.

Sweepstakes and Contests
From time to time, we may request information from you in connection with sweepstakes and contests we offer on the Site. Participation in these sweepstakes or contests is completely voluntary; you have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes.

Kährs may co-sponsor sweepstakes and contests with other companies, in which case the user’s individual contact and demographic information is likely to be shared with these companies. We will request that these companies maintain the privacy of the registrants’ information.

Nevertheless, please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of each and every website that they visit. This privacy statement applies solely to information collected when you visit our website.

Business Partners / Professional Visitors
Business partners and professional visitors requesting access to specialized content areas of this Site may be required to provide identifying information, for example when requesting a commercial sample. 

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2. Sharing Your Information
We may share your personally-identifiable information with companies within the Kährs family of companies, including subsidiaries, strategic partners and service providers.

We use outside shipping companies to ship all commercial orders, as well as all overnight shipments for consumer orders. If you order from us, we will share your personally-identifiable information with these companies to fulfill your order.

An outside company responds to consumer and commercial requests for additional information about our products. We will share your personally-identifiable information with any such company in order to respond to your request.

3. Non Personally-Identifiable Information: What We Collect
We collect and use non-personally identifiable information about you in the following ways:

Cookies
At certain points in your visit to the Kährs site, our server may send a "cookie" file to your computer. Your web browser may prompt you to accept this file unless you have set your browser preferences to accept all cookies automatically. Cookies are employed primarily as a service to our customers, to extend the relevance and responsiveness of the Kährs site. We may link cookie information with any personally-identifiable information you provide us.

Other Non-Personally-Identifiable Information
The Kährs Web site may collect non-personally identifiable information during your visit, such as type of browser, operating system, domain name, or IP address. An IP address is a number that is automatically assigned to your computer whenever you're surfing the web. Web servers -- the big computers that "serve" up web pages -- automatically identify your computer by its IP address. When you visit pages on the Site, our servers log your IP address. We do not link IP addresses to any personally identifiable information. This means that your session will be logged, but you remain anonymous to us. IP address information is used only to improve the service of the Site, and is then discarded at the end of each session on our Site.

Kährs also collects information through "referrers" and various environmental variables. A "referrer" is information the web browser passes along to Kährs’ web server that references the URL from which you came. "Environmental variables" include, among other things, the domain from which you access the Internet, the time you accessed our Site, type of web browser and operating system or platform used, the Internet address of the website you left to visit Kährs, the names of the pages you visit while at our Site, and the Internet address of the website you then visit. We collect all of this information to allow us to detect broad demographic trends, to provide information tailored to your interests and to enhance your experience on the Site. Kährs may store "referrer" information for a limited period of time prior to deleting this information. 

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Profiling
To help us improve our Site and to ensure that we make every effort to provide you with information and offers that are of interest to you, we may merge your personally-identifiable information with click-stream data and other data we have (including cookies and offline data). We will provide notice of this, as well as an opportunity to opt-out of it, at the time and place of information collection and before data is entered on our system.

We may also develop a non-identifiable profile on you based on the pages within our Site that you visit.

4. Links
This Site may contain links to third-party websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to read the privacy statements of each and every website that they visit. This privacy statement applies solely to information collected when you visit our Site.

Notification of Changes
If we decide to change our Privacy Policy, we will post those changes on the Site so you will always be aware of what information we collect, how we use it, and under what circumstances we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.

Special Policy Regarding Information from Children Under Thirteen
This Site is not targeted to children under the age of 13, and we do not knowingly request Personal Data from any child under the age of 13 as is consistent with the Children’s Online Privacy Protection Rule (“COPPA”). When we do receive such information, we will delete it as soon as we discover it and will not use it or share it with third parties. In the unlikely event you discover that your child under the age of 13 has supplied Kährs with Personal Data, you may send an email to webmaster@kahrs.com and write "COPPA" on the subject line, and we will remove your child’s information from our database. In this communication with us, please provide the email address the child entered into the Site.

 

GDPR Privacy

For purposes of the General Data Protection Regulation (“GDPR”), “Personal Data” means any information relating to you, such as a name, an identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.

Legal bases for processing Personal Data under GDPR. In the course of using the Site, we may process Personal Data under one or more of the following GDPR lawful bases:

  • You have given consent to the processing of your Personal Data for one or more specific purposes;
  • Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
  • Processing is necessary for compliance with a legal obligation to which Kährs is subject;
  • Processing is necessary in order to protect your vital interests or the vital interests of another natural person;
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Kährs; or
  • Processing is necessary for the purposes of legitimate interests pursued by Kährs.

Your rights under the GDPR. Kährs undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. You have the right under this Privacy Policy and, by law, if you are within the EU, to:

  • Request access to your Personal Data;
  • Request correction of the Personal Data that Kährs holds about you;
  • Object to processing of your Personal Data;
  • Request erasure of your Personal Data;
  • Request the transfer of your Personal Data; or
  • Withdraw your consent on Kährs’ use of your Personal Data (if you withdraw your consent, Kährs may not be able to provide you with certain specific functionalities of the Site).

Exercise of your GDPR data protection rights.

You may exercise your rights of access, rectification, cancellation, and opposition by contacting us at sending an email to webmaster@kahrs.com and write "GDPR" on the subject line. Please note that Kährs may ask you to verify your identity before responding to such requests. If you make a request, Kährs will try its best to respond to you as soon as possible.

You have the right to complain to a Data Protection Authority about Kährs’ collection and use of your Personal Data. If you are in the European Economic Area (“EEA”) and you would like more information, please contact your local data protection authority in the EEA.

 

 

CCPA Privacy

 

For purpose of the California Consumer Privacy Act (“CCPA”), “Personal Data” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

Your rights under CCPA. Under this Privacy Policy and, by law, if you are a resident of California, you have the following rights:

  • The right to notice. You must be properly notified of which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to access/the right to request. The CCPA permits you to request and obtain from Kährs information regarding the disclosure of your Personal Data that has been collected in the past 12 months by Kährs or its subsidiaries to a third party for the third party’s direct marketing purposes.
  • The right to say “no” to the sale of your Personal Data. You also have the right to ask Kährs not to sell your Personal Data to third parties. You can submit such a request by sending an email to webmaster@kahrs.com and write "Do Not Sell Personal Data" on the subject line.
  • The right to know about your Personal Data. You have the right to request and obtain from Kährs information regarding the disclosure of: (i) the categories of Personal Data collected; (ii) the sources from which Personal Data was collected; (iii) the business or commercial purpose for collecting or selling Personal Data; (iv) categories of third parties with whom Kährs shares Personal Data; and (v) the specific pieces of Personal Data Kährs collected about you;
  • The right to delete Personal Data. You also have the right to request the deletion of your Personal Data that have been collected in the past 12 months; and
  • The right not to be discriminated against for exercising any of your consumer rights by: (i) denying goods or services to you; (ii) charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties; (iii) providing a different level or quality of goods of services to you; and (iv) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising your CCPA data protection rights. If you are a California resident, you may exercise any of your rights under the CCPA by sending an email to webmaster@kahrs.com and write "CCPA" on the subject line. Kährs will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Sale of Personal Data. If you are a California resident, our default cookie settings may constitute a sale of Personal Data.


Choices Regarding the Use of your Information

Kährs provides the following choices regarding the use of your information.

* You may set your browser to reject cookies and to erase cookies that have already been placed on your hard drive. However, if you do so, your ability to navigate this Site will be limited.

* You may choose not to provide us with any contact information.

* You can ask us to manage your contact status or be removed from any of our on-line mailing lists.

* If you do not want your personal or non-personal information merged with cookie and other information, you should not use the Site.

* If you would like Kährs to delete any personal information you have provided, please send an email to webmaster@kahrs.com and write "Delete Personal Info" on the subject line.

Security
We make every effort to have reasonable security procedures in place to protect the loss, misuse or alteration of information under our control. Be advised that your personal information may be transferred to other countries in the world in accordance with applicable legislation for such transfers.

Contact Information
Should you have any inquiries concerning Personal Data held by us or our policy thereon, please send an email to webmaster@kahrs.com.

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