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Terms & Conditions



Kensington Smith welcomes you to the Kensington Smith.com website (“Website”). Your use of this Website is subject to the following terms and conditions, Your use of this Website constitutes acceptance of these terms.

If you do not agree to the terms stated below, please immediately log off this website.

USE OF MATERIALS ON THIS WEBSITE

Kensington Smith maintains this website for your interest, information, education, communication and point-of-sale purchase.  We invite you to explore this site.  However, without Kensington Smith’s prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on this site, or otherwise use the content of this website, except that you may download information for personal use, provided that you do not delete or change any copyright, trademark or other proprietary notices. If you download any software from our site, the software and any files or images contained in the software is deemed to be licenses to you by Kensington Smith. Neither title nor intellectual property rights are transferred to you, but remain with Kensington Smith who owns full and complete title.  Modification or use of the materials for any other purpose violates Kensington Smith’s intellectual property rights. The material in this site is provided for lawful informational purposes only. Except as provided above, noting herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

RESTRICTION OF LIBILITY

Kensington Smith will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or online failure.  Kensington Smith will not be liable for any damages or injury, including but no limited to, special or consequential damages that result from the use of or the inability to use, the materials on this site.

YOUR COMMUNICATIONS WITH KENSINGTON SMITH 

Kensington Smith invites your communication. However, all remarks, suggestions, ideas or other information communicated to us through this site will be the property of Kensington Smith. Under no circumstances will Kensington Smith be required to treat any submission as confidential and will not be liable for any ideas for its business and will not incur any liability as result of any similarities that may appear in future Kensington Smith operations. While Kensington Smith will have the exclusive ownership of all present and future existing right to the submission, you have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

The material on this website could include technical inaccuracies or other errors.  Your use and browsing of this site is at your own risk. Neither Kensington Smith nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of this website. Kensington Smith does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components. 

LINKS

Kensington Smith has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by Kensington Smith of the sites.  Your linking to any other off-site pages or other sites is at your own risk.

JURISDICTION

The terms of this contract will be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law provisions.

SEVERABILITY  

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. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Kensington Smith's 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. 

FORCE MAJEURE 

We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.

COPYRIGHTS/TRADEMARKS

You should assume that everything you see on this website is copyrighted and may not be used except as provided in the Terms & Conditions of this agreement.  Kensington Smith neither represents or warrants that your use of the materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Kensington Smith.  Images, photographs or illustrations displayed on this website are either the property of, or are used with permission by Kensington Smith. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of Kensington Smith, it affiliates and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Kensington Smith or such third party that may own the trademark displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content of the website, except as provided therein, is strictly prohibited.

LEGAL WARNING 

Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Services, is a violation of criminal and civil law and Kensington Smith will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 

DESIGNS

All products shown on the website are, and remain the property of Kensington Smith. By viewing this site, you acknowledge that this product is exclusive to Kensington Smith and that you will not copy, imitate or reproduce said designs.  All dimensions and weights shown are to be considered approximate.  Kensington Smith reserves the right to make changes in price, dimensions, design and/or construction without prior notice.

 

 
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