Terms and Condidtions

Welcome to the Keir Educational Resources website (“the Site”). Keir Educational Resources is a business name for Jack C. Keir, Inc., an Ohio corporation (“Keir”). By visiting this Site, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to the Site, You agree to be bound by the following Terms and Conditions of Service (“Terms”). If You do not want to be bound by these Terms, Your only option is to not visit, view or otherwise use the services of this Site.

Keir provides the information, services, text, information, graphics, links or other material (“Content”) on this Site to You, conditioned on Your acceptance, without modification, of the Terms and, by using the Site, You understand, agree and acknowledge that the following Terms constitute a legally binding agreement between You and Keir and that Your use of the Site shall indicate Your conclusive acceptance of this agreement:

Terms and Conditions of Service 1. General Terms and Conditions

  1. “You” shall refer to You, as user of this Site, Your heirs, personal representatives, successors, and assigns including, but not limited to, any other person or entity You represent in the course of using this Site.

  2. You agree that access to and use of this Site are subject to the following Terms and Conditions and other applicable law. Keir provides the information, services, text, graphics, links or other material (“Content”) on this Site to You, conditioned on Your acceptance, without modification, of the Terms and Conditions. If You do not agree to these Terms and Conditions, please do not use this Site.

  3. The Content offered on this Site is provided with the understanding that Keir is not engaged in rendering legal services or advice. The use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

  1. Limitation on Use and Liability.

    1. Keir does not make any warranties or representations regarding the materials contained on the Site. As a user of the Site, You agree that You are not relying on any material contained on the Site; any reliance on Your part is at Your sole risk. Despite its efforts to provide accurate information on the Site, Keir cannot ensure that all information is correct. Accordingly, Keir intends the Site to be used for general reference only. No information on the Site is to be construed as an offer or solicitation of sale. Because the Site may contain inaccurate, incomplete, or out-of-date information at any time, You should consult with a Keir sales professional for any information listed on the Site. Product information, including plans, promotions, pricing, and availability, is subject to change at any time, and there may be typographical errors or misstatements on the Site at any given time. Your sole exclusive remedy for any use of any materials or information provided on the Site shall be to cease accessing the Site and to cease using the materials or information obtained therein. By using the Site, You agree that Keir shall not be liable for any damages relating to any use of or reliance upon any material on the Site. You also agree that Keir shall not be liable for any damage to Your computer or other equipment or other property related to Your use of access or downloading of any material from the Site.

    2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KEIR SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF KEIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. No Warranties. THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KEIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. KEIR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. KEIR DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Employment. Keir is an Equal Opportunity Employer that recruits, hires, and promotes employees and makes all employment decisions without regard to race, color, religion, sex, age, disability or national origin. Nothing herein shall be construed as creating an offer of employment or a modification of any terms of employment of existing Keir employees.

  2. Links. The Site may contain links to other Internet web sites maintained by third parties. These links are not endorsements of any products or services contained in those sites, and no information in those sites has been endorsed or approved by Keir. Accordingly, You agree that Keir is not responsible for any content, product, or services provided on these other Internet web sites. Likewise, You agree that Keir is not liable for the content, products, or services of other Internet web sites that link to the Site. To the extent applicable, You are responsible for complying with all laws regarding material obtained from the Site or other linked sites.

  3. Specific Pricing and Other Information. Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change. Please consult a Keir sales representative for specific price or other information.

  4. Privacy. The information we receive from You when You visit the Site depends on what You do when You visit the Site.

    1. If You visit the Site to browse, read, or download information, we may collect and store the name of the domain and host from which You accessed the Site, the Internet protocol (IP) address of the computer You are using, the browser software You use and Your operating system, the date and time You access the Site and the Internet address of the web site from which You accessed the Site. We use this information to measure the number for visitors to the different sections of the Site and to help us make the Site more useful. This information is not disclosed to anyone outside of Keir, except for any company contracted with Keir to host and/or support the Site.

    2. We may use "Cookies," which are small files sent to and stored on Your computer in order to recognize Your computer as a unique machine, collect information about Your activities on the Site, make it possible to optimize and/or customize future visits, and/or understand the size of our audience and the traffic patterns within the Site. You can set Your browser to warn You when a web site attempts to place a "Cookie" on Your computer.

c. If You choose to identify Yourself by sending us an e-mail or by entering information on a form appearing on the Site, we may provide this information to a Keir sales professional in order that they may contact You and/or send You marketing and sales information related to Keir. The information gathered from You is not disclosed to anyone outside of Keir, except for any company contracted with Keir to host and/or support the Site. We may also distribute or use any such information disclosed to us in a manner consistent with the purpose for which it is disclosed (e.g., customer service requests).

  1. Keir may disclose or exchange with others any information You have provided to us if we believe the law requires us to do so or in order to protect the rights of Keir or our users.

  2. We are not responsible for any breaches of security or for any actions of third parties receiving any information gleaned from You visiting the Site. Keir does not knowingly collect personally identifiable information from anyone under the age of 18.

8. Copyright and Trademarks.

  1. The entire Content included in this Site is copyrighted as a collective work under the applicable copyright laws and is the property of Keir.

  2. The Content is provided by Keir as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject You to the possibility of full prosecution under applicable law.

  3. No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Site solely for Your own use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from Content downloaded from the Site.

d. The Keir company name, logo and service name on this Site are the property of Keir. The unauthorized use of such property belonging to Keir is strictly prohibited. Any third-party trademarks, service marks and logos are property of their respective owners.

  1. Revisions. Keir may from time to time revise this Agreement. By using this Site, You agree to be bound by any such revisions and should therefore, periodically visit this page to determine the then current Terms to which You are bound. Because of the frequency of updates and changes and the possibility of errors, nothing on the Site may be used as evidence in any legal proceeding, investigation, or arbitration without Keir’s express written consent. Keir has the right to stop conduct on the Site that it deems offensive or that it determines to inhibit the ability of others to use the Site. Keir has the right to take action, including immediate termination without notice, against any user who misuses the Site or fails to abide by this Agreement. If Keir becomes aware of any unlawful activity on the Site, it reserves the right to notify appropriate authorities about such activity.

  2. Termination. These Terms and Conditions shall remain in force and effect until terminated by Keir. In the event of termination of these Terms, all restrictions imposed upon You herein, including all disclaimers, waivers, releases, and limitations of liability, shall survive.

  3. Governing Law. This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Ohio, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, You and Keir agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using the Site, You agree to submit to the exclusive jurisdiction of the Ohio state courts located in Butler County, Ohio, or the United States District Court for the Southern District of Ohio to resolve any disputes arising out of Your use of the Site or any interaction with Keir regarding the Site.