Kluber Lubrication NA LP, which regularly conducts business as “Kluber,” operates this website, which consists of several interlinked webpages using the web domain [shop.klueber.com] (the “Site”). Throughout the Site, the terms “Kluber,” “we”, “us,” and “our” refer to Kluber. Kluber offers this Site to you for your use, expressly conditioned upon your acceptance of these Terms of Use without modification.
ELIGIBILITY AND ACCOUNT REGISTRATION
This Site is intended for use by business entities and their authorized representatives only. By using the Site, you represent and warrant that you are acting on behalf of a business and within the scope of your employment or authority. Use of the Site by consumers or for personal purposes is not permitted.
Access to certain features of the Site, including the ability to place orders, requires registration of an account. You agree to provide accurate and complete information during registration and to maintain and promptly update such information as necessary. We reserve the right to deny or revoke access to the Site or any portion thereof at our discretion, including where registration requirements are not satisfied or these Terms are not agreed to by the user.
ACCEPTANCE OF TERMS
Please read these Terms of Use carefully before accessing or using this Site. Your use of this Site in any way constitutes your agreement to and acceptance of these Terms of Use without modification, including all additional terms and conditions and policies referenced herein and/or available through this Site. By accessing or using any part of the Site, including, without limitation, any features, tools, or policies, or any additional content that may be added to our website at any time, you agree that you are bound by these Terms of Use. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or merchants. In addition, as a condition of your use of this Site, you represent and warrant to Kluber that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or prohibited by any of our policies available through this Site. If you do not agree and accept without modification these Terms of Use, you are not authorized to use this Site. We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Use at any time and without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following any modifications or changes constitutes acceptance of those changes.
USER ACCOUNTS AND SECURITY
You are responsible for maintaining the confidentiality of account credentials and for all activities that occur under your account. You agree to restrict access to authorized employees or representatives of your organization and to ensure that such users comply with these Terms.
You must promptly notify us of any unauthorized access to or use of your account or any other breach of security. We are not responsible for any loss or damage arising from your failure to safeguard account credentials. We reserve the right to suspend or terminate accounts where we reasonably believe there has been unauthorized use or a violation of these Terms.
ACCURACY OF INFORMATION
We strive to ensure that the information on this Site is accurate and current; however, we do not guarantee that any information on this Site is accurate, complete, or up to date. All content on this Site—including, without limitation, product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability—is provided for general informational purposes only and may be changed at any time without notice.
This Site may contain typographical errors, inaccuracies, omissions, or other mistakes relating to product or service information. We reserve the right, at any time and without notice, to correct any such errors; to update or revise Site content; and to modify or cancel orders affected by incomplete, inaccurate, or outdated information, including after an order has been submitted or accepted.
Except as required by law, we undertake no obligation to update or clarify any information on this Site or on any related website. Any stated update or refresh date should not be interpreted as indicating that all information on the Site has been modified or updated.
PRICES AND AVAILABILITY
Kluber may add, modify, discontinue, suspend, or revoke the availability of any product or service listed on this Site at any time and without notice. Any offer made on this Site is void where prohibited, and product quantities may be limited at our discretion, including after an order has been submitted or accepted.
All prices for products and services listed on this Site are subject to change at any time without notice. Kluber is not liable to you or any third party for any changes to pricing, availability, or the continued offering of any product or service.
We reserve the right to correct pricing errors and to apply corrected prices to orders. We may revoke any offers and correct any errors—whether related to pricing, availability, or other product information—up to and after the time an order has been submitted or accepted.
ORDER PROCESS AND CONTRACT FORMATION
The presentation of products or services on the Site does not constitute a binding offer to sell. Following submission of an order, you may receive an order confirmation acknowledging receipt of your order. Such confirmation does not constitute acceptance of your offer. A binding contract is formed only when we accept your order, which may occur by shipment of the ordered products or by express confirmation. We reserve the right to reject any order at our discretion.
All purchases made through the Site are subject to Kluber Lubrication’s Terms and Conditions of Sale, available at [General terms and conditions // Kluber Lubrication]. Those Terms and Conditions of Sale are incorporated herein by reference. In the event of any conflict between these Terms of Use and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall govern with respect to the purchase of products.
THIRD PARTY MATERIALS
Certain content, products, and/or services available via this Site may include materials from third parties. This Site may provide links that direct you to third party websites and/or provide you with access to optional tools owned, designed, and/or operated by third parties. We do not have any control over any such third party materials, websites, or tools, we are not responsible for examining or evaluating them, and we do not monitor their content or warrant their use. We shall have no liability whatsoever arising from or relating to your use of or access to third party materials, websites, or tools accessed through this Site. You acknowledge and agree that any access we provide to third party materials, websites, or tools via this Site is provided without any warranties or representations of any kind. Any use of third party websites and/or tools that you access through this Site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve of the terms governing any such third party websites, tools, or materials. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Complaints, claims, concerns, or questions regarding third party products should only be directed to the third party.
Any access provided by this Site to any such third party websites, tools, or materials does not imply or equate to any endorsement by Kluber of the third party or the third party website, tools, or materials, unless we expressly state otherwise. The inclusion on this Site of any third party materials, tools, or links to third party websites does not imply that Kluber is authorized to use any trademarks, trade name, logo, or any copyrighted materials belonging to any such third parties.
USER SUBMITTED CONTENT
You are solely responsible for the accuracy of any content or information you submit to us. We take no responsibility and assume no liability for any content submitted by you or any third party. You agree that any content you submit is accurate and not misleading, and will not violate any right of any third party, including rights related to copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your submissions will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Site or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or any third parties as to the origin of any content.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE SHALL HAVE NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, YOUR FAILURE TO COMPLY WITH OUR TERMS OF USE, ANY DAMAGE TO YOUR DEVICE, OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE USE OF THIS SITE. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, CONTRACTORS, INTERNS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE IN ANY WAY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES RELATED TO THE MATERIALS CONTAINED ON THIS SITE, ANY DELAYS EXPERIENCED IN THE USE OF THIS SITE, THE INABILITY TO USE THIS SITE, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS. NO DATA TRANSMISSIONS OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. ALTHOUGH WE TAKE REASONABLE STEPS TO ENSURE THE SECURITY OF OUR SITE, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK. WE EXPRESSLY DO NOT GUARANTEE THE SECURITY OF OUR SITE OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Site, any use of this Site, or any contact on this Site, without express written permission by us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner.
You are solely responsible for ensuring that any link you select or items you download, whether from this Site or from any other website linked to this Site via hyperlink or otherwise, is free from malicious or harmful items, such as worms, viruses, trojan horses, or any other items of a harmful nature.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kluber (and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees) from any claim, demand, or damage of every kind and nature, known and unknown, including reasonable attorneys’ fees incurred by us or any third-party, arising out of your breach of these Terms of Use, your breach of any of the policies contained within this Site, or your violation of any law or the rights of a third party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may in our sole discretion terminate or limit your use of this Site at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use and your use of this Site are governed by and construed and enforced in accordance with the laws of the State of Michigan, USA. The State of Michigan shall be the exclusive venue for any and all disputes arising from the use of this Site. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and/or any other dispute resolution organizations in Wayne County, Michigan, USA for all claims or disputes arising out of or in connection with this Site in any way. Use of this Site is unauthorized in any jurisdiction that does not recognize or give full effect to all provisions of this agreement. In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The provisions of these Terms of Use constitutes and represents the entire agreement regarding your use of this Site, and supersedes all prior and contemporaneous agreements, negotiations, representations, warranties, communications, and understandings between you and us, whether oral or written, with regard to the subject matter set forth herein. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
If you have any questions about these Terms of Use, please contact us at [ernesto.novelo@klueber.com]. Although we expect no issues in addressing you questions, Kluber does not guarantee that it will receive your e-mail in a timely manner and we are in no way obligated to respond or act on any communications received.