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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

We reserve the right to revise these Terms and Conditions or any portion of them at any time, without notice, by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our Web site. If you violate any of these Terms and Conditions, your permission to use the content contained in our Web site automatically terminates and you must immediately destroy any copies you have made of the content.

This Web site is provided by KWS Mfg and may be used for informational purposes only. Throughout these Terms and Conditions, the words “we,” “us,” “our” and “KWS Mfg” refer to KWS Mfg, its divisions, subsidiaries and affiliates.

Copyright and Trademark Information

All of the trademarks, service marks and logos displayed on this Web site are registered and unregistered trademarks of KWS Mfg or third parties who have licensed their trademarks to KWS Mfg. This Web site and the information that it contains (“Content”) is the property of KWS Mfg, its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You are only permitted to use this Web site and its Content as expressly authorized by KWS Mfg. Nothing contained herein transfers any express or implied right, title or interest in the Web site or its Content to you.

Use of KWS Mfg Web Site and Content

You may download, view, copy and print Content from our Web site, subject to the following:

Content may be used solely for personal, informational, or non-commercial purposes and may not be used for any public or commercial purpose;
Any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
Content may not be modified or altered in any way; and
No graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content from our Web site in whole or in part without the prior written permission of KWS Mfg. Any rights not expressly granted herein are reserved. Nothing on this Web site shall be construed as conferring any license under any of KWS Mfg’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. KWS Mfg prohibits the use of any KWS Mfg trademark, or any related graphic, as a “hot link” or “hyperlink” to any Web site unless expressly approved by KWS Mfg.

Links to Third-Party Sites

Our Web site may provide links to Web sites operated by KWS Mfg outside of the United States as well as Web Sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third-party links are provided solely as a convenience to you. When you use these links, you will leave our Web site. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third-party Web sites and that content is not part of our Web site. We expressly disclaim any responsibility for the content of any third-party Web sites linked to our Web site or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third-party Web sites or the products or services of third parties.

Stock Price Disclaimer

The stock price performance shown on stock quotes available on or through our Web site is not necessarily indicative of future price performance. All material is for informational purposes only and no material (including, without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. Neither KWS Mfg nor its data providers guarantee the accuracy or completeness of any stock price or other data displayed, nor shall any such party be liable in any way to the user of the data for any delays, inaccuracies, errors in, or omission of any such data. KWS Mfg will not be responsible for any trading or investment decisions made based on such Content.

Securities Laws

The following constitutes a “Safe Harbor” statement under the Private Securities Litigation Reform Act of 1995. Our Web site contains forward-looking statements that involve a number of risks and uncertainties, including forward-looking statements regarding our products, services and technologies, technical specifications, performance criteria and potential operating savings, and our business operations and financial performance. Forward-looking statements are statements concerning possible or assumed future results of operations and are based upon the beliefs and assumptions of our management, using currently available information. When we use words such as “believes,” “expects,” “anticipates,” “intends,” “plans,” “estimates,” “should,” “likely,” “will,” or similar expressions, we are making forward-looking statements. You should not put undue reliance on any forward-looking statements. Important factors that could cause our actual results to differ materially from those indicated by such statements include risks and uncertainties set forth under the heading “Risk Factors” in KWS Mfg’s most recently filed annual report on Form 10-K and subsequent filings with the Securities and Exchange Commission. These filings are available from KWS Mfg upon request and without charge. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, further events, or otherwise. This Web site and its Content do not constitute an offer or solicitation of an offer for sale of any securities. None of the Content is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents.

Resume Submission

KWS Mfg may allow online submission of resumes in response to job postings on our Web site. Any personal information provided in connection with the submission of a resume will be subject to our Privacy Statement. You agree not to post any false or inaccurate biographical information. Recruiters representing candidates may not send candidates’ resumes in response to job postings. There is a risk that your resume may be lost or intercepted by a third party if you submit it through the KWS Mfg Web site. KWS Mfg cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the KWS Mfg Web site.

Disclaimers and Limitation of Liability

KWS Mfg does not warrant that its Web site will operate error-free or that its Web site and its server are free of computer viruses and other harmful components. If your use of our Web site or the Content results in the need for servicing or replacing equipment or data, KWS Mfg is not responsible for those costs.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEB SITE. THIS WEB SITE AND ITS CONTENT, INCLUDING PRODUCT SPECIFICATIONS, ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. KWS MFG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. KWS MFG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS AND LINKS ON ITS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL KWS MFG BE LIABLE FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEB SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KWS MFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VISUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHNICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, AND SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

International Users

This Web site is controlled and operated in whole or in part by KWS Mfg from its offices within the United States of America. KWS Mfg makes no representation that information on this Web site is appropriate or available for use outside the United States. Those who choose to access this Web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Indemnification By using this Web site, you agree to defend, indemnify and hold harmless KWS Mfg, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software), access to the Web site or your breach of these Terms and Conditions. General Information These Terms and Conditions represent the entire agreement between you and KWS Mfg relating to the subject matter herein and shall not be modified except by KWS Mfg by updating this posting as provided herein or through a written document signed by both parties.

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, that provisions will be deemed severable and will not affect the validity and enforceability of the remaining provisions. KWS Mfg may, at its sole discretion and without notice, revise such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision, by updating this posting.

These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. You agree that any legal action or proceeding between KWS Mfg and you for any purpose concerning these Terms and Conditions or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Massachusetts, and all parties waive any objection to the personal jurisdiction or venue in such courts. Acknowledgment By accessing this Web site, you agree to all of these Terms and Conditions and to comply with all applicable rules and regulations, including, without limitation, U.S. export and re-export laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that you have read and understood these Terms and Conditions and that these Terms and Conditions have the same force and effect as a signed document.

Contacting Us

If you have any questions about our Terms and Conditions of Use, please use the Contact Us page.

Privacy Statement

See the Privacy Statement to view our privacy policy and practices.

Updated July 2024