Disclaimer

Applicability

These terms and conditions of use for the Keith Panel Systems website (hereinafter the “Terms of Use”) apply to visits to and use of the website Keith Panel Systems Co. Ltd. (hereinafter referred to as “KPS” and the website referred to as the “Website”) as well as to the information made available to you on or via this Website in any form whatsoever hereinafter: the “Information”). Visiting the Website automatically means that the visitor (hereinafter also referred to as “you”) agrees to these Terms of Use. KPS may change these Terms of Use at any time and without further notice. Such modified Terms of Use take effect from the time they are placed on the Website. KPS will always make an effort to place the latest version of the Terms of Use on this web page so that you can always consult these Terms of Use here.

Content

KPS does not guarantee that the Website will function without errors or interruptions. Part of all of the Information may be incomplete and/or incorrect and/or obsolete. KPS is not liable for the use or content of external Internet pages that are not maintained by KPS, which are referred to on the Website, or which refer to the Website. Our cookie and privacy policies do not apply to your personal data that are collected and processed on or via these external websites.

Use

The Information is exclusively intended for general information purposes and is not intended as a recommendation, design, structural calculation, estimate or other warranty or representation for the visitor. KPS does not warrant and accepts no responsibility for the accuracy and/or completeness of the Information (including information on the KPS products) or that the Information is suitable for the purpose for which it is consulted by you or otherwise. Customers and third parties must have a professional adviser inform them about (the suitability of) the KPS products for all desired applications and about applicable laws and regulations.

You are entitled to use the Information, such as documents, photographs, drawings, illustrations and other content subject to the following conditions: Visitors may consult the Website and the Information and make copies of the Information for their own use, for example by printing or storing the Information. Each and every use of the Information is permitted exclusively in relation to the sale and/or purchase of  KPS products. The Information may not be modified or changed in any way whatsoever. Illustrations on the Website may not be used without the accompanying text. In addition, the Information may not be used in any way that is in breach of KPS intellectual property rights or in breach of the Terms of Use. You are explicitly responsible for always using the most recent Information from the Website. Thus, if you use the Information, you must regularly check to ensure that the Information used still corresponds to the latest information on the Website. Any other use of the Website and/or of the Information, including distribution, reproduction, modification, publication, storage in an automated data file or the dispatch of such a file without KPS prior written consent is explicitly prohibited.

Your use of the Website is entirely at your own risk. You are responsible for everything you send to or from the Website.

KPS is entitled to change or terminate the availability of the Website and/or the Information and services offered on the Websites for any reason whatsoever, or to limit access to this Information or these services. KPS is not liable for the consequences of any changes in the Information.

KPS Systems Family File – for use with Autodesk Revit

Keith Panel Systems Co. Ltd. (KPS), in offering the KPS Revit System Family File, accepts no responsibility or liability: for any use made of the KPS Revit System Family File including any modification thereto made by the user, for the design of buildings and related systems made using the KPS Revit System Family File, or for the accuracy of the KPS Revit System Family File or any data resulting from the use thereof. While KPS strives to ensure that its KPS Revit System Family File are accurate, this accuracy is not guaranteed. The user is responsible to review the KPS Revit System Family File and to determine if use of KPS Revit System Family File is appropriate to and meets the requirements of the user’s application. In accordance with its policy of continuous improvement, KPS reserves the right to modify its KPS Revit System Family File at any time without notice. KPS makes no warranty whatsoever, express or implied and including, but not limited to, any warranty of merchantability or fitness for a particular purpose with respect to the KPS Revit System Family File or their use and in no event shall KPS be liable for any incidental or consequential damages relating to such KPS Revit System Family File or their use.

Liability

KPS is not liable (neither contractual nor non-contractual) for any damage arising from or related to the use of (or the inability to use) the Website, including damage resulting from viruses or the inaccuracy and/or incompleteness of the Information. Nor is KPS liable (neither contractual nor non-contractual) for damage arising from or related to the use of electronic means of communication with this Website, including but not limited to damage resulting from failures to deliver or delays in the delivery of electronic messages, the interception or manipulation of electronic messages by third parties or by software/hardware used for electronic communication and the transmission of viruses.

These limitations do not apply in case such damage is the result of intent or gross negligence on the part of KPS and/or its management.

Intellectual property

All copyrights and other intellectual property rights and other rights regarding the content of the Website (including logos, trademarks, service marks, software, databases, audio, video, text and photographs) are owned by KPS and/or its licensors.

Unsolicited ideas that are submitted

In the event that you place ideas and/or materials, including but not limited to text, video, audio, software or information (the “Materials”) on this Website or send these to KPS by e-mail or otherwise without such information having been solicited, KPS is entitled to use, copy and/or commercially exploit these Materials, all this in the broadest sense, without having to pay any compensation and KPS  will not be required to maintain the confidential nature of the Materials concerned.

General conditions

All oral and written statements, offers, quotations, sales, supplies, deliveries and/or agreements and all related work of Keith Panel Systems Co. Ltd. are governed by the KPS General Terms and Conditions of Sale, which can be found on and downloaded from the Keith Panel Systems Co. Ltd. website, http://www.keithpanel.com.

A copy of these general conditions of sale will be provided free of charge on request. All general terms and conditions other than the conditions mentioned above are explicitly dismissed and do not apply, regardless of whether such terms and conditions are referred to on requests for offers, offer confirmations, stationery and/or other documents of the other party.

Cookie and privacy policy

KPS may collect and analyze information on the use of the Website by means of a cookie (a cookie is a small text file that our web server places on your hard disk; thus, a cookie is related to a computer and not a person). You can permit or prevent the use of cookies by changing the settings of your browser. In the event that you do not allow cookies, you may not be able to use all the features of the Website. The domain name of the site server where the cookies are stored is keithpanel.com. The cookies are valid for one day. Storage and forwarding of your data via the Internet are secured using current, customary techniques. You are entitled to access your personal data collected by means of cookies and to rectification and/or removal of these data by sending an e-mail to mail@keithpanel.com. KPS respects the privacy of all visitors to its Website and ensures that the confidential nature of the personal information you provide will be maintained. In addition, KPS will not make your personal data available to third parties, unless it is required to do so by virtue of mandatory rules, a binding decision from a government agency or an order to do so by a competent court. KPS may use your personal data for the following purposes:

• Responses regarding the use of the Website. These responses which KPS gets from visitors will help KPS to further develop and improve the Website.
• If you respond to a marketing campaign or competition, KPS will ask for your name, address and e-mail address. KPS will use these data to conduct the marketing campaign, announce the prize winner(s) and measure the response to the marketing campaigns.
• In some cases, KPS may use your personal data to inform you of website improvements, special offers and campaigns. If you do not want to receive this information and/or want to change your personal data, please send an e-mail to mail@keithpanel.com, specifying “Remove personal data” as the subject.

Indemnification

You indemnify KPS, its employees, representatives, licensees and trade partners against all damages and costs, including the costs for legal assistance, accountants and other external advisers, suffered or incurred by KPS regarding third-party claims to the effect that your use of the Website is in breach of any statutory rule or infringes (intellectual) (property) rights of third parties or is otherwise unlawful towards a third party.

Invalidity

In the event that part of these Terms of Use are or become invalid, KPS and you will continue to be bound by the remaining parts. KPS will replace the invalid part by clauses that are valid and whose legal consequences, in view of the content and purpose of these Terms of Use, correspond as much as possible to the invalidated part.

Applicable law and competent court

These Terms of Use are governed exclusively by Canadian law. Any claim or dispute related to the use of the Website and/or the content of these Terms of Use, including disputes regarding the existence and validity of these Terms of Use, will be submitted exclusively to the competent court in British Columbia (Canada).

Questions

Should you have any questions or comments regarding the above, please do not hesitate to contact KPS by e-mail: mail@keithpanel.com