Restrictions on the Use of The Materials in Our Website
The Kimco Distributing Website and all of its content are copyrighted materials, protected by U.S. and International copyright laws. Information may be used for the purposes illustrated throughout the website and not for replication or reproduction of our content. The collected content of our site is for the exclusive use of our customers to browse, purchase product, or use our offered services. The Kimco Distributing Website or any portion of the website may not be duplicated, reproduced, sold, or otherwise exploited for any commercial purpose without the written consent of Kimco Distributing.
Limitation of Liability
In no event will Buyer be entitled to, or Kimco Distributing liable to Buyer or any other party, for any incidental, indirect, special punitive, tort or consequential damages or losses of any nature, including, without limitation, any damages for business interruption cost, loss of revenues profits or reinstallation cost, overhead or injury to reputation or loss of customers, or for any claims asserted against Buyer by a third party arising directly or indirectly out of or in connection with the manufacture, delivery, sale , use , or defect of Products sold by Kimco Distributing to Buyer, even if Kimco Distributing has been advised of the possibility of such damages or losses. In no event will Kimco Distributing be liable for any personal injuries or death arising directly or indirectly out of or in connection with the manufacture, use, or defect of any such Products. Buyer’s recovery from Kimco Distributing for any claim will not exceed Buyer’s purchase price for the Product giving rise to such claim, irrespective of the mature of the claim, whether in contract, tort, warranty or otherwise.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Kimco Distributing shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kimco Distributing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kimco Distributing shall immediately issue a credit to your credit card account in the amount of the charge.