Please read these terms of service carefully before using the Key Tec LLC website and services (the “Service”) operated by Key Tec LLC (“we,” “us,” or “our”).
Your access to and use of the Service are conditioned upon your acceptance of and compliance with these terms. These terms apply to all users, visitors, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these terms. If you do not agree to any of these terms, you may not access the Service.
By using Key Tec LLC’s website, you represent to us that (1) you are at least the legal age of majority; (2) you are authorized to enter into these Terms; (3) you will not use the Website for any purpose or in any manner that violates any law or regulation or that infringes the rights of us or any third party; (4) any information or data provided to us by you will not violate any law or regulation or infringe the rights of us or any third party; (5) all information that you provide to us in connection with the Website (e.g., name, e-mail address, or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
We may limit your ability to visit, view, comment, or undertake any activity via the Website at our discretion. Periodically, the Website may become unavailable due to required maintenance or other reasons. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or data that you submit on, to, or through the Website.
Prohibited Activity. You shall not engage in any of the following activities:
The Website contains proprietary and copyrighted content and material owned by us and/or our business partners. All content included in or made available through the Website, and the functionality of the Website, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein (collectively, the “Content”), are owned by us, our content suppliers, or our partners and are proprietary and protected by U.S. and other applicable intellectual property law. All use of such Content accessible on our Website is restricted and must comply with these Terms. No express or implied rights are conferred on you to use such Content. The compilation of all Content through the Website is our exclusive intellectual property and protected by U.S. and other applicable copyright laws. Except as explicitly permitted by these Terms or the functionality of the Website, the Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Content of the Website without notice.
We grant you a limited license to access and make personal, non-commercial use of the Website and all Content thereon, subject to these Terms. This limited license gives you the right to view all Content and download or print a single copy of the Content for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Website and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, visited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from us. You may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process with our Content, for any purpose, including to continuously and automatically search, scrape, extract, deep link, or index any Content, use Content to train an algorithm or model, or cause disruption to the working of the Website or any other person’s use of the Website. Any legal rights that cannot be limited by agreement are excluded from this provision.
If you submit comments on the Website, you acknowledge that if you send us creative suggestions, ideas, concepts, inventions, or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, our property. By submission of any Information to us, you assign to us, and we shall own exclusively, all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. We shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or the provider of the information. You agree to only submit content that does not violate the law or anyone else’s rights. You agree that your account registration information and any data you submit via the Website is truthful and accurate.
The Website may contain content, products, offerings, resources, and services made available by third parties. External links to other internet sites or resources may be provided by us or third parties. These links are provided only as a convenience to you and are not an endorsement of the contents on those other sites. We have no control over such sites, resources, or entities, and you acknowledge and agree that we are not responsible or liable for the accuracy, quality, and/or availability or content, advertising, products, or any other material found on such external sites or resources. We do not endorse and are not responsible or liable for any content found on these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third parties. Consult the web URL address identified in your browser to determine whether you have linked to a third-party website. If you decide to visit any third-party sites using links from this Website, you do so at your own risk.
In general, you may access the Website without needing to register and for no cost in keeping with these Terms. However, to access and use certain features of the Website, such as signing up to receive notifications, you may have to authenticate and log in using a third-party platform, such as Google, Facebook. You are responsible for maintaining security and control over your third-party accounts that allow you to access these features of the Website. We are not responsible for any losses arising out of the unauthorized use of your third-party accounts or their use to access our services. If you believe that the security of your authentication account has been compromised, you agree to immediately change your password used to access the third-party account to eliminate this security risk and to notify us of any known or suspected unauthorized use of, or disclosure related to, your account with us. You may contact us at service@keytecllc.com.
All controversies, claims, counterclaims, and/or other disputes arising between you and us relating to these Terms, Privacy Policy, any information you submit on our Website, any communications between you and us (either directly or through a third party), and/or any aspect of our relationship with you (each, a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules (“AAA Rules“). For the avoidance of doubt, “Claims” include any dispute arising under federal or state telemarketing laws, such as the Telephone Consumer Protection Act or state telemarketing/email marketing laws, as well as claims related to text messages or telephone calls.
If you have a Claim, you agree to first contact us by email at service@keytecllc.com. Any Claim that cannot be resolved through informal negotiation within 120 days shall be settled by binding and final arbitration instead of through court proceedings administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in a court of competent jurisdiction. The arbitration will be conducted in the city of Derwood, Maryland but may proceed telephonically or at a mutually agreed-upon location in the United States (if the claimant so chooses).
The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, Privacy Policy, or this arbitration provision and any other terms incorporated by reference in these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. Both you and the Company also have the right to bring qualifying claims in small claims court. The arbitrator can provide the same rights and remedies that you can obtain in court, including injunctive relief. You and the Company retain the right to apply to any court of competent jurisdiction for provisional relief, including preliminary injunctions, and any such request shall not be deemed incompatible with these Terms nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the state of Maryland shall apply without regard to conflicts of laws principles.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR CAN DECIDE ONLY YOUR OR OUR INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect, except that if the class action waiver is found to be invalid or unenforceable, then this entire arbitration provision shall be invalid and struck.
If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Montgomery County, Maryland. This Section of the Terms will survive the termination of your relationship with the Website.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
30-Day Right to Opt-Out. YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT BY EMAILING US AT service@keytecllc.com. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
The following disputes are excluded from arbitration and must be brought in the state and federal courts of Maryland and governed by the substantive laws of the State of Maryland without regard to its or any other jurisdictions conflict of law provisions: (1) disputes contesting the validity of intellectual property, including patents, trademarks, service marks, copyrights, or trade secrets; (2) claims for temporary or preliminary injunctive relief; (3) actions against non-consumers; and (4) interactions with governmental or regulatory authorities.
THE WEBSITE AND CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU “AS AVAILABLE,” “AS IS,” AND “AT YOUR OWN RISK” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KEY TEC LLC AND OUR AFFILIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, AND TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS) MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, TIMELY, CURRENT, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, CURRENTNESS, VALIDITY, OR AUTHENTICITY OF ANY RATES OR TERMS POSTED BY SERVICE PROVIDERS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL THE WEBSITE, KEY TEC LLC OR OPERATOR OF THIS WEBSITE, OUR RESPECTIVE AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.
IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY US OR BY ANY THIRD PARTY. FURTHER, THE WEBSITE SHALL HAVE NO LIABILITY FOR ANY SCHEDULED OR UNSCHEDULED SYSTEM OUTAGES, INCLUDING OUTAGES CAUSED BY THIRD PARTIES OR ISSUES WITH WEB HOST PROVIDERS OR INTERNET INFRASTRUCTURE EXTERNAL TO THE SITE. THIS INCLUDES ANY RESULTING UNAVAILABILITY OF THE SITE LOSS OF DATA OR DELAYS/NON-DELIVERY OF INFORMATION. OUR MAXIMUM LIABILITY OF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY’S ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE) FOR SUCH SERVICE PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
By clicking “I agree,” “Submit,” “Request a Quote,” “Yes,” or otherwise submitting a request or transmitting information to us through the Website, you acknowledge that your consent provides us with the same authorization as if it were in writing. You acknowledge and agree that we may provide you with this Disclosure and Consent to Electronic Records and Signatures in electronic format and that we are not required to send a paper document to you unless and until you withdraw your consent, as described below.
By consenting, you are agreeing to the use of electronic records and signatures in connection with your relationship with us. You also confirm that:
CONSUMER CONSENT. By providing your consent, you agree to receive electronically any and all disclosures, notices, records, documents, or other information we provide to you or that you sign or submit or agree to at our request (“Communications”) in connection with your relationship with us and any service we provide. These Communications may be delivered to you via email or online through a third party’s website. You further agree that where a signature needs to be in writing, such consent may be provided electronically. We may, in our sole discretion, provide you with any Communications in writing or send it to you via U.S. mail or other means of delivery even if you consent to receive it electronically. We may require any information you provide to us, or any document you sign, to be delivered to us in writing. You should print or download a copy of any such Communication we provide to you for your own records, including these Terms.
SCOPE OF CONSENT. Your consent to receive any Communication applies to all services we may make accessible or available, or offer to you, whether through a website, software application, email, messaging services (including text messages), or otherwise. Your consent includes, but is not limited to, your request to us to be matched with third parties who offer various products and services. Your consent also applies to all online interactions between you and such third parties with whom you are matched, including those interactions conducted via mobile devices.
WHAT YOU NEED: HARDWARE AND SOFTWARE REQUIREMENTS. To access and retain access to any Communications, you will need access to the following:
If you are accessing the Website via a mobile device (such as a smartphone or tablet), in addition to the above requirements, you must ensure that you have software on your mobile device that allows you to print and save or otherwise retain these Terms.
REQUESTING PAPER RECORDS. You may request paper copies of any Communications by submitting an email to service@keytecllc.com or by sending such a request to Key Tec LLC, Derwood, MD 20855, Attention: E-SIGN. If you would like to request paper copies of any Communications with third parties, including third-party service providers, you may contact them at the contact information found on their respective websites.
WITHDRAWING YOUR CONSENT. You can withdraw your consent at any time by contacting us by sending an email to service@keytecllc.com or by mailing such request to Key Tec LLC, Derwood, MD, Attention: E-SIGN. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to act upon it. While we are processing your request, you may still receive electronic communications from us or third parties with whom we shared your contact information. Your withdrawal of consent may mean that we will be unable to provide you a quote, provide services, or complete a transaction with you.
CONTACT INFORMATION. You agree to inform us of any changes to your contact information by sending an email to service@keytecllc.com or by mailing such a request to Key Tec LLC, Derwood, MD, Attention: E-SIGN. You may update the contact information you provided to third parties by contacting those third parties directly.
LEGAL EFFECT. You acknowledge that by agreeing to these Terms electronically, you are expressly agreeing to the terms set forth herein. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OR SERVICES OFFERED BY US. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.
You agree to indemnify, defend, and hold harmless us and our directors, officers, members, shareholders, employees, representatives, affiliates, successors, agents, partners, clients, service providers, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal and accounting fees) asserted by any third party due to or arising from or in connection with your violation of these Terms or your violation of any law, regulation, the rights of third parties, or your failure to provide accurate and updated information to us through the Website. We reserve the right to participate in or assume (including assumption of exclusive defense), at your expense, in the investigation, settlement, and defense of any such action or claim, which shall not excuse your indemnity obligations.
No Waiver. Failure by us to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these Terms and Conditions constitute our entire agreement with respect to your use of this Site.
No Third-Party Rights. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
No Transfer or Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.
Severability. If any provision of these Terms and Conditions, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remains in full force and effect.
Changes to the Terms. We have the right, at our sole discretion, to enhance, change, or discontinue all or part of the Website at any time. We may update or change these Terms from time to time. When we make a change to the Terms, we will publish the revised Terms on this webpage or as otherwise required by law. The date at the top of these Terms reflects the date of the most recent update. Your continued use of the Website after we make changes is deemed, to the extent allowed by law, to be acceptance of those changes, so please check these Terms periodically for updates.
Termination. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website or any capability we provide through the Website. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored about activity from your account.
If you have any questions about these terms, please contact us:
Phone: +1 240 355 1027
Email: service@keytecllc.com
Location: Derwood, MD
