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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
This Web Site is maintained by KTI, Inc. All references to "KTI" made within these Terms of Use, as defined below, shall be references to and include KTI, Inc., its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representative. KTI is headquartered at 2401 West 66th Street, Richfield, Minnesota 55423. The main telephone number is (612) 378-9731. All material on this Web Site, including, but not limited to text, images, and illustrations, is protected by copyrights which are owned and controlled by KTI or by other parties that have licensed their material to KTI. Material from www.ktitrans.com or any Web site owned, operated, licensed or controlled by KTI may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The materials on this Web Site may not be used for commercial benefit without expressed written permission by KTI. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms of Use Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. KTI may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
KTI does not want to receive confidential or proprietary information from You through our Web Site. Please note that any information or material sent to KTI will be deemed NOT to be confidential. By sending KTI any information or material, You grant KTI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and You also agree that KTI is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. However, we will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (a) we obtain Your permission to use Your name; or (b) we first notify You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (c) we are required to do so by law.
Information KTI publishes on the World Wide Web may contain references or cross references to products, programs and services that are not announced or available in Your country. Such references do not imply that KTI intends to announce such products, programs or services in Your country. KTI makes no representations whatsoever about any other Web sites which You may access through this one. When You access a non-KTI Web site, please understand that it is independent from KTI, and that KTI has no control over the content on that Web site. In addition, a link to a non-KTI Web site does not mean that KTI endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. No failure or delay by KTI in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by KTI preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KTI, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT KTI, INC., ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS AND/OR REPRESENTATIVES, IS/ARE OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, KTI IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. KTI, INC., ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS AND/OR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, USAGE OF THIS WEB SITE OR DATA, MATERIALS OR INFORMATION AVAILABLE ON THIS WEB SITE. NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF KTI, INC., ITS AFFILIATES, SUBSIDIARIES, AND THEIR EMPLOYEES, DIRECTORS, OFFICERS AND/OR REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, USAGE OF THIS WEB SITE OR DATA, MATERIALS OR INFORMATION AVAILABLE ON THIS WEB SITE EXCEED TWO HUNDRED DOLLARS ($200). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, as it is applied to agreements entered into and to be performed entirely within such State. Any action You, any third-party or KTI bring to enforce these Terms of Use or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Hennepin County, Minnesota, and You expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by KTI.
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