Terms and conditions
Effective date: August 7th, 2015
Your Acceptance of Our Privacy Notice and Terms of Sale
Your Consent to Other Agreements
Ownership of this Site and its Content
This Site, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Kemper or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The Kemper names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Kemper and/or its affiliates (the “Kemper Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Kemper Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Kemper Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Kemper or any person or entity associated with Kemper.
You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. Kemper has certain rights. We have the right (but do not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
- upload, post, transmit or otherwise make available
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any UGC that constitutes or encourages activity illegal under criminal or civil law;
- any UGC that is false, misleading, or fraudulent;
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
Removal of Content
Violation of copyrights. Kemper does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent, and it is our policy to terminate users or account holders who are repeat infringers.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
- an electronic or physical signature of the copyright owner or 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 this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written 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.
Your statement must be addressed as follows:
Kemper Americas LLC
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to Kemper it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
LIMITED WARRANTY ON CERTAIN PRODUCTS
All our products come with complimentary telephone/email technical support for the foreseeable future. Our telephone support number is: 303-248-3864. Our email technical support address is: [email protected].
In addition, our Kemper Profiler amplifier (hardware only) and our Access Virus keyboard (hardware only) and related accessories are warranted to the original purchaser to be free from defects in material and workmanship that effect product performance for a period of 36 months from the date of original purchase, provided you register your product on this Site within 10 days of the date of the original purchase or you provide proof of purchase at the time of requesting warranty service. In the event of a covered defect we will, at our option, repair or replace the defective product with a new, reconditioned or equivalent product or refund the product’s original purchase price. In the event of a product defect during the warranty period, contact the authorized retailer from which you purchased the product or send an email to [email protected]. We may request that the defective product be returned to us, in which case it must be returned in its original (or comparable) packaging, along with a description of the problem and proof of purchase sales receipt, postage and insurance prepaid to the address we provide by return email. Any replacement product is warranted for the balance of the existing warranty. This warranty does not cover damage caused by accident, inappropriate handling or misuse, improper installation or use of non-Kemper accessories, alteration or repair except by a Kemper authorized repair facility. Normal wear and tear is excluded from warranty coverage. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY APPLICABLE TO THIS PRODUCT. THERE IS NO OTHER EXPRESS WARRANTY. NO ONE IS AUTHORIZED TO MODIFY OR EXPAND THIS LIMITED WARRANTY. THE ABSOLUTE LIMIT OF KEMPER’S LIABILITY IS THE ORIGINAL PURCHASE PRICE OF THE PRODUCT. ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. THIS LIMITED WARRANTY IS THE PURCHASER’S EXCLUSIVE REMEDY AND LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY AND ALL WARRANTIES IS EXCLUDED TO THE EXTENT PERMITTED BY LAW. Warranty valid only in the USA. This warranty gives you specific legal rights. You may also have other rights which vary from state to state—check your own state law for additional rights. Please retain a copy of this warranty and your sales receipt.
Except for the limited hardware warranty described above:
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KEMPER, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KEMPER, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
KEMPER does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized KEMPER spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF KEMPER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Third-Party Websites
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Governing Law, Jurisdiction and Venue
Kemper Americas, LLC
6709 N. Olmsted Ave
Chicago, IL 60631
Email: sales (at) kemper-americas.com
Online Terms of Sale
Thank you for your interest in making a purchase on our Site. These Terms of Sale (“Terms of Sale”) govern your purchases on our Site.
We do not sell products through our Site to persons under the age of 18. If you are under the age of 18, you should ask an adult to make the purchase for you.
Every order that you place on our Site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order, detailing the products you have ordered with an order number, and setting forth the shipping address and delivery method for your order. This email is not an order acceptance from us, and your order will not be completed and accepted until we notify you that it has been shipped. Please inform us immediately if there are any errors in your order.
Once we have processed your order, we will send you an email confirming that your order has been shipped (the “Shipping Notification”). You should save the Shipping Notification for your own records. The Shipping Notification will be deemed to be completion of your purchase contract. Any products on the same order which we have not confirmed in the Shipping Notification will not form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order. All orders are shipped via UPS Ground service.
We reserve the right to reject or cancel any order and/or prevent access to the Site at any time, with or without cause.
We do not accept orders for delivery outside the US. We also do not ship to the following locations:
Post Office boxes
Addresses other than the billing address of the credit card holder
We accept Visa, MasterCard, and Discover. At this time, we cannot accept cash, American Express, CODs, checks, or money orders.
We will take payment from your credit card when we ship your order. If we are unable to supply the product that you have ordered, we will contact you by e-mail or phone, and your credit card will not be charged if the order has not shipped. Delivered merchandise remains the legal property of Kemper until the purchase price has been fully paid.
All prices are in US Dollars. Prices shall be those published on this Site at the time you submit your order. The total price stated on the order form you submit shall be the total amount payable by you for the product including all taxes, handling and shipping charges.
We are very careful, but sometimes errors occur. All errors are subject to our correction. We reserve the right to change prices and specifications without notice. The price that you pay for any product on our Site will be the price that is displayed on the Site at the final page in the checkout process. Placing an item in your shopping cart does not reserve the price shown at that time. We cannot confirm the price of a product until you have placed the order and reached the ‘confirmed purchase’ stage. Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of our products may change from time to time.
Orders can be canceled if one of the following criteria was met:
- The customer calls or emails and asks to cancel an order.
- All items on the order are currently unavailable for shipment.
- Your order does not comply with these Terms of Sale.
In the event that your order is canceled due to one of the reasons listed above, the credit card used to process the order will not be charged.
SHIPPING POLICIES AND DELIVERY
Shipping and handling charges listed on our Site apply to the contiguous United States only. We reserve the right to limit quantities and/or charge actual shipping charges on bulk orders. Alaska, Hawaii, Puerto Rico, Guam, and Virgin Islands require a special handling fee of $10 plus actual shipping charges based on the weight and dimensions of the package(s). We do not currently offer shipping to foreign countries.
We will deliver to the address specified in the order form. If you include a wrong or incomplete or ambiguous delivery address, you will bear any cost resulting from your error. Any delivery or shipment dates we provide are best estimates only and we shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
Orders are processed pending availability and credit verification. From the time your order is placed to the time it leaves our warehouse can take between 1-3 business days. You will receive an e-mail once your shipment has left our fulfillment center in Evergreen, Colorado. Please allow 7-14 business days for delivery of merchandise (Monday through Friday, not including holidays).
If you want to track your shipment, just access the tracking link we sent you by e-mail or log in to My Account, select Invoices, and click the order number to locate the tracking link. This will connect you to the UPS shipping site and show you the status of your delivery.
We stand behind our products and want you to be completely satisfied. If you are not completely satisfied for any reason, please return your merchandise within 30 days of receipt for a full refund of the purchase price. Returned products must be in unused condition, must not be damaged, and must be returned in the original packaging. If your item arrives damaged, please keep all boxes and packing materials and immediately contact Customer Service at [email protected]. Please have your invoice number available. If we accept your return, we will apply your refund, to the original form of payment. If you would prefer an exchange, please let us know and we will send it promptly.
To return your purchase, simply complete the following:
For defective items
- Contact Customer Service at [email protected] to obtain Return Authorization Number and securely repackage all contents into the original packaging. Cover or remove any original mailing address label or carrier barcodes from the package, and include the completed return form information associated with the original purchase order. All returns must be securely packaged and include all original undamaged product.
- Affix provided UPS label(s) on outside of package(s) and keep tracking numbers and copy of paperwork until return is processed. Take to a UPS mail center or if available, call for a UPS residential pick-up. Insure the shipment for full value of the merchandise being returned. Kemper is not responsible for lost or stolen merchandise.
For all other returns, simply email [email protected]
Refunds to the original credit card used will be applied upon return and inspection, but may take up to one or two bill cycles to appear on your credit card statement. You will receive an email once your return has been processed.
Only authorized retailers are allowed to buy our products for the purpose of reselling. On inquiry we will inform you about the possibility to become an authorized retailer.
These Terms of Sale are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms of Sale except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms of Sale or any related contract to any third party.
We will not have any liability to you or be deemed to be in breach of these Terms of Sale from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure)."Force majeure" includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the Parties.
We reserve the right to make changes to these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time you place your order with us, unless any change to these Terms of Sale is required to be made by law (in which case it will apply to any orders previously placed by you).
If you have any questions about these Terms of Sale or any other matter, please contact our Customer Service Department using the following information:
Kemper Americas, LLC
6709 N. Olmsted Ave
Chicago, IL 60631
Email: sales (at) kemper-americas.com