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policies
All orders submitted to KSE will be shipped out within 1 week (most orders ship within 24 hour). Special order items and items not manufactured by KSE may take longer to ship, but you will be notified if this is the case.
All orders are shipped via FedEx Ground with the exception of APO/FPO orders which will be shipped via US Postal Service 1st Class insured. If you require expedited shipping on your order please contact our Sales Department at (800) 569-7303 or (703) 569-2583.
Standard Shipping, Handling & Insurance charges are equal to 4% of your total order cost ($10.00 minimum). If you need to return an item to us please call our Sales Department (800) 569-7303 or (703) 569-2583) to make arrangements.
Kessler Soils Engineering Privacy Policy
At Kessler Soils Engineering Products, Inc. (KSE), we are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. As part of the normal operation of our services, KSE collects and in some cases discloses information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. Please read on.
What Information Do We Collect?
In order to use certain services provided on the site, you will need to register with KSE Online. When you register, we will gather such information as your name, mailing address and email address. If you make a purchase, we may also ask you for your credit card information to process your order. This information will not be used for any purpose other than order processing and/or referencing of your order and will not be shared with anyone outside of KSE.
How Do We Use It?
Our primary goal in collecting information from you is to provide you with an efficient and customized experience while using our services. This allows us the enhance your online shopping experience, by providing products and services that meet your needs, and making your use of our website more satisfying.
We may also use your information to provide you with updates on our products and services. If you do not wish to receive email from us, please let us know by sending an email to info@kesslerdcp.com. At no time will we share credit card numbers in any fashion other than as required by law.
How Do We Protect Your Information?
KSE Online uses industry standard technology and efforts to safeguard the confidentiality of your personal identifiable information. These include secure servers and firewalls. All of the user data we collect is protected against unauthorized access. Only authorized employees who need the information to perform a specific job are granted access the this information.
What About Links to Third-Party Websites?
Our site sometimes provides links to websites that are operated solely by third parties that are not under our control. This Privacy Statement applies to our site only, and is not intended to describe the privacy policies of any third party sites.
Your Consent
By using the KSE website, you consent to the collection and use of the information described in this policy.
Will Our Privacy Policy Change in the Future?
We are alway improving and updating our website to further enhance your shopping experience. As a result, our policies will continue to evolve. As we implement new technology and provide new services, we will update our Privacy Policy. We encourage you to refer to this page on an ongoing basis for our most current policies and practices.
1. Agreement and General Terms of Use
1.1This User Agreement constitutes the agreement between Kessler Soils Engineering Products, Inc. (KSE) and you as a user who accesses or establishes a connection ("user," "you," or "your") to the world wide web site known as Kessler Soils Engineering Online ("Site"), which is owned and controlled by KSE.
1.2 You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement.
1.3 KSE reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. KSE will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this Agreement will be deemed your acceptance of the changes.
1.4 KSE reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site
2.1 You will use the Site and any content, material, or information found on the Site solely for lawful, non-commercial purposes. You shall not upload to, distribute to, otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including, for example, posting to chat areas or forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 By making any material or information available through the Site, you automatically grant to KSE a worldwide, royalty-free, perpetual irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless or form, media, or technology. By making any material or information available through the Site, you also grant users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
2.4 KSE has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Site, and KSE is not responsible for any content of this material or information. However, KSE reserves the right to delete, move, or edit any material or information that is deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, KSE reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.5 KSE reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal you identity.
3. Rights in Site Content and the Site
3.1 All content provided by KSE on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by KSE. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by KSE. All other trademarks appearing on the Site are the property of their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of KSE and the copyright owner. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
4. Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER KSE, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KSE (OR NAY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECTS, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL , POSTINGS, OR POSTING REPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KSE (AND ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless KSE (and any of its affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. KSE reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Termination
KSE may terminate this Agreement and your use of the Site at any time. KSE shall have the right immediately to terminate your use of the Site in the event of any conduct by you which KSE, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
7. General Terms
This Agreement and any posted rules on the Site established by KSE constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either KSE or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of KSE and its successors, trustees, and permitted assigns. KSE may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
US Government Clients, in CONUS, will be charged the standard Shipping, Handling & Insurance charge equal to 4% of your total order cost ($10.00 minimum). All orders will be shipped via FedEx Ground unless otherwise requested.
US Government Clients, out of CONUS, requiring shipment to an APO/FPO address will be charged the actual Shipping and Insurance charges plus a $31.00 Handling charge. These orders will be shipped via US Postal Service 1st Class insured.
Government Clients will receive a 5% discount on certain items manufactured by KSE in accordance with our US Army Corps of Engineers Licensing Agreement.
Clients with GSA discount will receive a 1.45% discount on KSE items listed on the GSA Schedule.
Virginia Clients are subject to Virginia Sales Tax on all orders. If your company is tax exempt please make sure we have a copy of your tax exemption certificate (Virginia Form ST-10) on file. Your ST-10 can be faxed to us at (703) 569-1704. Virginia State Agencies will not be charged sales tax.