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
“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
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
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.
Limitation on Use and Liability.
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contain inaccurate, incomplete, or out-of-date information at any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.
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
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
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.
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.
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
Privacy. The information we receive from You when You visit the Site
depends on what You do when You visit the Site.
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.
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).
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.
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.
The entire Content included in this Site is copyrighted as a
collective work under the applicable copyright laws and is the
property of Keir.
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.
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.
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.
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.
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.