These Terms of Use (“Terms”) govern your access and use of our website https://www.komarindustries.com/ (the “Site”) provided by Komar Industries, LLC (“Komar”, “we,” “us,” or “our”). Use of the Site is subject to these Terms. By using or accessing the Site, you acknowledge that you have read and agree to these Terms. If you do not agree to these Terms, do not access or use the Site.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE KOMAR IN A CLASS ACTION LAWSUIT.
By using the Site, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms. If you do not agree to these Terms, do not use the Site. Komar reserves the right to terminate your access to the Site if we discover that you are under the age of 18.
Komar Industries may update these Terms at any time. The revised Terms will be posted on this page with an updated effective date. Material changes will be conspicuously posted on the Site or otherwise communicated to you. Your continued use of the Site after we post changes means you accept the updated Terms. Changes, updates, and upgrades may be accompanied by additional terms and conditions which will be provided to you at such time.
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose personal data.
The Site may allow users to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must notify us promptly of any actual or suspected unauthorized access to your account or if you suspect suspicious or unauthorized activity under your account. Komar may suspend or terminate accounts for violations of these Terms or for security reasons.
All content on the Site, including text, graphics, logos, images, videos, and software, is the property of Komar Industries or its licensors and is protected by United States and international laws. Except for the rights expressly granted to you in these Terms, Komar retains all other ownership rights in and to the Site and its content, including all intellectual property rights.
You agree to use the Site only for lawful purposes. You must not:
Orders placed through the Site are subject to additional terms and conditions.
The Site may display product information, specifications, availability, and pricing for equipment, parts, or services. We provide the information and resources on the Site for general, informational purposes. We do not guarantee it is accurate, up-to-date, or applicable to you. Komar in no way guarantees the accuracy or completeness of information on the Site. Content provided on the Site is not an offer for the sale and it is provided for informational purposes only.
In the event of a pricing or informational error, Komar reserves the right to cancel any orders placed for the affected product or service, even if the order has been confirmed and your payment method charged.
The Site may link to third-party websites or contain third-party content. We provide links and such content as a convenience to users of our Site. We are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site or any third-party services. Komar does not warrant or endorse any third-party website, service, or content. When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site or application (and such third-party’s use of your personal information), not these Terms. Komar is not liable for any lapses, security breaches, or technical failures caused by third-party payment processors.
If you provide feedback, ideas, or suggestions, you grant Komar a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and incorporate that feedback into products or services without compensation.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to all information and materials you submit through the Site. By submitting information through the Site, including contact forms, RFQs, specifications, drawings, or configuration data, you grant Komar a worldwide, royalty-free license to use, store, process, and respond to such submissions. Submissions are not confidential unless covered by a separate written NDA. Submitting information does not create a customer, partner, or contractual relationship. Komar reserves the right, but has no obligation, to review, pre-screen, or remove any user submissions at its sole discretion.
Komar strives to keep the Site available and accurate, but we do not guarantee uninterrupted, timely, or error-free operation. Access may be suspended, limited, or terminated for maintenance, security, or other reasons.
Komar is committed to maintaining accessibility. If you experience any accessibility issues or need assistance, please contact us at [email protected] or call (614) 836-2366. We will make reasonable efforts to address concerns promptly.
You agree to indemnify, defend, and hold harmless Komar Industries, its affiliates, officers, directors, employees, and agents (“Komar Parties”) from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your violation of these Terms, any information you provide to us, or your infringement of any rights of another. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER, SUBJECT TO INDEMNIFICATION BY YOU. You agree to release Komar and its officers, directors, members, employees, agents, and professional advisors from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Site.
Information on the Site is provided for general informational purposes only and should not be relied upon as engineering, safety, regulatory, or professional advice. You should consult qualified professionals and official documentation before making decisions regarding equipment selection, installation, operation, or compliance.
Any performance claims, efficiency gains, ROI projections, labor savings, or outcomes referenced on the Site, including case studies or testimonials, are illustrative only and not guaranteed. Actual results may vary based on site conditions, usage, and other factors.
The Site and all content are provided on an “as is” and “as available” basis. Komar disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Komar does not warrant that the Site will be error-free, secure, or free of viruses, or that defects will be corrected.
To the maximum extent permitted by law, Komar Industries will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or data loss, arising from or related to your use of the Site. Komar’s total liability for any claim arising out of or related to the Site will not exceed one hundred dollars (USD $100) or the amount you paid to access the Site, whichever is greater. These limitations shall apply regardless of the form of action, whether the asserted liability or damages are based on contract, indemnification, tort, strict liability, statute, or any other legal or equitable theory. Some jurisdictions, including without limitation, New Jersey, do not allow certain exclusions or limitations, so these may not apply to you. You agree to release the Komar Parties from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Site.
Komar may suspend or terminate your access to the Site at any time and for any reason, including violations of these Terms. Sections that by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.
You may terminate these Terms at any time by discontinuing all use of the Site and, if applicable, deactivating your account.
Komar will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, embargos, cyber-attacks, ransomware, utility failures, or internet outages.
These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. You agree to resolve any disputes arising under these Terms or relating to the Site through binding arbitration, on an individual basis, as set forth below. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Komar’s right to appeal. Any claim by you arising in connection with these Terms or the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.
You agree to attempt to resolve any dispute arising out of or relating to these Terms or the Site using good faith discussions, including via email, with Komar. If we cannot resolve a dispute with good faith discussions, such dispute will be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”). You agree to resolve disputes only on an individual basis and waive any right to participate in class or representative actions. Arbitration will take place in Ohio. Judgment on the award may be entered in any court with jurisdiction. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the scope of that court’s jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
When you visit the Site or send emails to us, you are communicating electronically. You consent to do business electronically and to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirements that such communications be in writing.
Komar controls and operates the Site from the United States and makes no representation that content is appropriate or available in other locations. You are responsible for compliance with local laws if you access the Site outside the United States.
Komar Industries, Inc.
4425 Marketing Pl
Groveport, OH 43125
Phone: (614) 836-2366
Email: [email protected]