Introduction. Welcome to the Kingston (“Kingston,” “us” or “we”) website (“Site”). Please review the following User Agreement & Privacy Policy (“Agreement”) that governs your use of our Site. Please note that with each use of our Site, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to these terms, you should not review information on or use the Site. Although you may bookmark a particular portion of this Site and/or bypass this Agreement, your use of this Site still binds you to the terms of this Agreement. Kingston reserves the right to update or modify this Agreement at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as amended. For this reason, you should review this Agreement whenever you use this Site.

Acceptance of Agreement. You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, if any, and the subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE.

Eligibility for Use. The Site is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. Further, the Site shall only be used while within the borders of the U.S. and its territories. If you do not meet all of these eligibility requirements, please do not use the Site. We reserve the right to disapprove, curtail or terminate your use of the Site at any time, for any reason and in our sole discretion without notice to you. YOUR USE OF THE SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY.

Intellectual Property. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Site. Kingston and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Kingston’ or any third party's intellectual property rights. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Kingston’ endorsement, sponsorship or recommendation of the third party, information, product or service. Kingston is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Trademarks. KINGSTON, LIGHTNING LOGO, KING PRODUCTS INC., DIRECT SOURCE, EXHIBIT SOURCE and others are trademarks of KING PRODUCTS INC. or their respective owners. Other product and company names mentioned on the Site are trademarks of their respective owners.

Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for you own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Kingston or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this site is strictly prohibited.

Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Kingston may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from us on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

User Comments and Submissions. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Kingston on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain Kingston’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Kingston of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Kingston will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Kingston is and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the Site. However, any Comments submitted by you shall be and remain the exclusive property of Kingston. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Indemnification. You agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees, related to your violation of this Agreement or use of the Site.

Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or document is not transferable, and shall be held strictly confidential.

Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KINGSTON OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KINGSTON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KINGSTON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Securities Laws. The Site may include statements concerning Kingston’ operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. Theses statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site, and the information contained herein, does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Information and Press Releases. The Site contains information and press releases about Kingston. While this information was believed to be accurate as of the date prepared, Kingston disclaims any duty or obligation to update this information or any press releases. Information and news articles not drafted by Kingston and information about companies or individuals other than Kingston contained in the press releases or otherwise should not be relied upon as being provided or endorsed by Kingston.
Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy section.

Termination. This Agreement is effective unless and until terminated by either you or Kingston. You may terminate this Agreement at any time, provided that you discontinue all further use of the Site. Kingston also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Kingston’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Kingston, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under this Agreement or otherwise. This Agreement is effective unless and until terminated by either you or Kingston.

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, our products and services, and your purchases and browsing.

No Agency. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.

Links to Other Websites. The Site may contain links to third-party websites. We are not responsible for the content, accuracy or opinions expressed in such third-party websites, and any such third-party websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party website on the Site does not imply approval or endorsement of the linked third-party website by us. If you leave the Site and access these third-party websites, you do so at your sole risk.

Third-Party Services. We may allow access to third-party sites from whom you may purchase certain goods or services, or access certain information (“Merchants”). You understand that we do not operate or control the products, services or information offered by Merchants. Merchants are responsible for all aspects of the information provided or collected, order processing, fulfillment, billing, customer service and website hosting/development. We are not a responsible party to the transactions and relationships entered into between you and Merchants. You agree that use of and interaction with such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS AND RELATIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER WEBSITE LINKED TO OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES. THE SITE IS HOSTED BY ZEROTIME INTERACTIVE, AND YOU AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND THE MERCHANTS’ WEBSITES.

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on their respective websites. We are not responsible for information provided by you to Merchant. We and the Merchants are independent contractors and neither party has the authority to make any representation or commitments on behalf of the other.

Information. You represent and warrant that any information you supply is true, correct and complete.

Copyrights and Copyright Notices. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
• An electronic or 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;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email 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; and
• 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.

Notices should be sent to: President, Kingston, 2200 Dividend Drive, Columbus Ohio 43228.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in Columbus, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Franklin County, Ohio. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.

Copyright © 2002-2003 King Products, Inc. All rights reserved.