Last updated: March 25, 2015
By using Kimmerleplan, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of the Service, to understand our practices.
When you use any Kimmerleplan Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other methods of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Kimmerleplan or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Kimmerleplan and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kimmerleplan Service are trademarks or trade dress of Kimmerleplan in the U.S. and other countries. Kimmerleplan’s trademarks and trade dress may not be used in connection with any product or service that is not Kimmerleplan’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kimmerleplan. All other trademarks not owned by Kimmerleplan that appear in any Kimmerleplan Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kimmerleplan.
LICENSE AND ACCESS
If you use any Kimmerleplan Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. All purchase made through the Service may only be made by individuals who are 18 years or older. By using the Service, you warrant and represent that you are at least 18 years old. Kimmerleplan reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kimmerleplan reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Kimmerleplan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kimmerleplan and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kimmerleplan for all claims resulting from content you supply. Kimmerleplan has the right but not the obligation to monitor and edit or remove any activity or content. Kimmerleplan takes no responsibility and assumes no liability for any content posted by you or any third party.
Kimmerleplan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing and provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Kimmerleplan that your copyrighted material has been infringed.
RISK OF LOSS
All items purchased from Kimmerleplan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Kimmerleplan does not accept any Product exchanges. All returns must be made within 14 days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with any return instructions provided to you. You are solely responsible for the cost of shipping the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.
Kimmerleplan will only accept returns on products that are damaged upon arrival. Once Kimmerleplan confirms that your Product was returned properly, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on the Web site (excluding gift cards).
Kimmerleplan does not take title to returned items until the item is received.
Kimmerleplan attempts to be as accurate as possible. However, Kimmerleplan does not warrant that product descriptions or other content of any Kimmerleplan Service is accurate, complete, reliable, current, or error-free. If a product offered by Kimmerleplan itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Kimmerleplan, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kimmerleplan is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
Parties other than Kimmerleplan operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Kimmerleplan does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE KIMMERLEPLAN AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIMMERLEPLAN ARE PROVIDED BY KIMMERLEPLAN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KIMMERLEPLAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KIMMERLEPLAN, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIMMERLEPLAN, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIMMERLEPLAN IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIMMERLEPLAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMMERLEPLAN DOES NOT WARRANT THAT THE KIMMERLEPLAN, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIMMERLEPLAN, KIMMERLEPLAN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KIMMERLEPLAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIMMERLEPLAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KIMMERLEPLAN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KIMMERLEPLAN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Content provided to you by this Service is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Service. Reliance on any information appearing on Kimmerleplan is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
Kimmerleplan may contain the opinions and views of other users. Given the interactive nature of Kimmerleplan, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
Content provided on Kimmerleplan is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, Kimmerleplan without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Any dispute or claim relating in any way to your use of any Kimmerleplan Service, or to any products or services sold or distributed by Kimmerleplan or through Kimmerleplan.com will be resolved by binding arbitration, rather than in court.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please note that this procedure is exclusively for notifying Kimmerleplan that your copyrighted material has been infringed.
Additional Kimmerleplan Terms
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Kimmerleplan Service, whether in whole or in part, or create any derivative works from or of the Kimmerleplan Service.
- Updates. In order to keep the Kimmerleplan Service up-to-date, we may offer automatic or manual updates at any time and without notice to you.
© 2015 Kimmerleplan LLC