BAXTERANDBONNY.COM WEBSITE TERMS AND CONDITIONS OF USE

Welcome to baxterbonny.com (the “Site”). Please read this document carefully before accessing browsing, or otherwise using the Site.

 

1.
Scope of Agreement

This Website Terms and Conditions of Use Agreement (the “Agreement”) is between you and Kenmark Optical, Inc. (“Kenmark Optical” or “we”) and governs your access to and use of this Site, including without limitation all services and transactions conducted through this Site.

Please click here to read Kenmark Optical’s Privacy Policy, which is incorporated into and made a part of this Agreement. The Privacy Policy explains how Kenmark Optical collects, uses and discloses your personal information.


2.
Binding Agreement.

By accessing or using this Site in any manner you are deemed to have read, understood, and agreed to each of the terms, conditions, and notices set forth in this Agreement. If you do not understand or agree to each of the terms, conditions, and notices in this Agreement, do not access or use this Site.


3.
Modification of Site or Agreement.

Kenmark Optical may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all of the goods, services, Content, or transactions offered through this Site), in whole or in part, without notice or liability to you.

Kenmark Optical may modify this Agreement at any time at its sole discretion. Kenmark Optical will post the date of the last revision at the bottom of this Agreement and will post the modified version on the Site. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent to the modifications and your agreement to be bound by this Agreement as modified.


4.
General Restrictions On Use & Termination

Except as expressly permitted above, you shall not copy, reproduce, distribute, display, modify, perform, republish, download, store, transmit, sell, lease, or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You shall not remove any copyright, trademark, or other intellectual property notices from the content or other materials on the Site. Except as expressly set forth herein, no license is granted to you for any other purpose other than for the specific purpose outlined and agreed to in this Agreement.

You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain (or to attempt to) access areas or features of the Site, its servers, or servers connected to it, or Kenmark Optical’s services for which you do not have the proper authorization; (b) in a manner that violates any national, state, local, or international law, rule, or regulation (including laws regarding the export of data or software); (c) to download (other than page caching) the Site or any portion of it except as expressly permitted; (d) for any resale or commercial purpose, including to advertise, promote, or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters,” or “spam;” (e) to cause pop-up, pop-under, exit windows, expanding buttons, banners, or anything else that minimizes, covers, frames, or inhibits full display of the Site; (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Kenmark Optical’s services or introduces any virus, Trojan horse, worm, logic bomb, or other material that is harmful; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited communications; (i) to harvest or collect information from the Site through data mining, web scraping, screen scraping, or other automated, technological, or manual collection of information; (j) in connection with any manual process to monitor or copy any of the material on the Site for commercial purposes or for any other purpose without Kenmark Optical’s prior written consent; (k) via robot, spider, or other automatic device, process or means to monitor or copy content or other material on the Site; (l) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (m) in a way that violates the terms and conditions of this Agreement; (n) in a manner that Kenmark Optical determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or Kenmark Optical’s services.


5.
Access to Site and Account Security.

(a)   Availability. The Site’s availability depends on many factors, including some that are beyond Kenmark Optical’s control, such as your connection to the Internet, and the Internet backbone.  Kenmark Optical reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. From time to time, Kenmark Optical may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Kenmark Optical shall not be liable to you if you cannot use this Site or any part of it for any reason.

(b)   Minimum Age. You represent and warrant that you are 18 years of age or older and have the ability to enter into this Agreement.


6.
 Intellectual Property Rights.

(a)   General. U.S. and international copyright, trademark, and other intellectual property and other laws protect this Site, and any unauthorized access to or use ofthis Site may violate such laws. Kenmark Optical reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law. The Site and all of its contents, features, and functionality (including information, software, text, images, graphics, information, data, software, displays, video, audio, design, selection, coordination, arrangement, and “look and feel” of the foregoing) are owned by Kenmark Optical, its licensors, or other providers and are protected by the aforementioned laws and regulations.

(b)   Trademarks. Kenmark Optical’s name and logo, BAXTER AND BONNY and the BAXTER AND BONNY logo, and all related names, logos, product and service names, designs and slogans are trademarks that belong to Kenmark Optical or its licensors. You may not use such marks without Kenmark Optical’s or mark owner’s prior written permission. You may not use these marks in metatags or hidden text without Kenmark Optical’s prior written permission. Other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.


7.
Products and Pricing. 

Pricing is subject to change without notice. Despite ourefforts, a small number of the items on our Site may be mispriced, inaccurately described, unavailable, or inaccurately displayed and we may experience delays in updating the information on the Site or in our advertisements. We reserve the right to modify information, correct errors, inaccuracies, or omissions at any time. We cannot confirm the price of an item until after you place your order. When Kenmark Optical acknowledges your order, it means only that your request has been received, not that Kenmark Optical has accepted it or shipped the requested item or confirmed the accuracy of the price or availability of the requested item. We reserve the right to refuse or cancel any orders placed for items listed at the incorrect price, even if the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled, we will issue a credit to your payment card account in the amount of the incorrect price within a reasonable time period. If the correct price of an item is higher than the price stated on the Site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience that this process may cause.


8. 
Term; Termination.

(a)   Right to Suspend, Terminate. Kenmark Optical may suspend or terminate access to some or all of the Site at any time for any reason or no reason. In addition to any other legal or equitable remedies available to Kenmark Optical, Kenmark Optical may, without prior notice to you, immediately terminate this Agreement, disable any user name, password, or other identifier, suspend your access to all or some of the Site, or revoke any permissions granted under this Agreement. 

(b)   Effect of Termination. Upon termination of this Agreement for any reason, you shall immediately cease all access to and use of this Site and Kenmark Optical may, in addition to any other remedies available to it at law or in equity, deny your access and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the effective date of termination. The provisions of Sections 12, 15, 16, 17 along with provisions that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.


9.
Warranty; Disclaimer; Limitation of Liability.

(a)   Disclaimers. Except as expressly stated otherwise by Kenmark Optical, all content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Site may include inaccuracies, mistakes, or typographical errors. You acknowledge that your use of this Site is at your own risk. Kenmark Optical does not warrant that the content on the Site, your use of the Site, will be uninterrupted or error free, accurate, useful, or complete, that defects will be corrected, that the Site or its server are free of viruses or other harmful components, or that the Site will meet your needs or expectations. to the extent permissible under law, Kenmark Optical disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and further disclaims all representations and warranties of title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Kenmark Optical shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on the Site or on any site linked to the Site, or any damages resulting from any reliance on information from Kenmark Optical, mistakes, omissions, deletions, errors, defects, viruses, delays in the operation or transfaction or failure to perform.

(b)   Statutory guarantees and consumer protection.  this agreement does not purport to exclude the operation of the Australian consumer law, including without limitation any general consumer protection set out in chapter 2 of the Australian consumer law.  Notwithstanding the foregoing, in the event of a breach of a consumer guarantee arising under the Australian consumer law, the liability of kenmark optical is limited:

(i)   in the case of goods, to any one of the following as determined by kenmark optical:

(A)   the replacement of the goods or the supply of equivalent goods;

(B)   the repair of the goods;

(C)   the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(D)   the payment of the cost of having the goods repaired;

(ii)   in the case of services, to any one of the following as determined by kenmark optical:

(A)   the supplying of the services again; or

(B)   The payment of the cost of having the services supplied again.

(c)   Limitation of Liability.  To the maximum extent permitted by applicable law, Kenmark Optical, and its officers, directors, employees, or agents shall not be liable for direct, punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, goodwill, or other intangibles; anticipated savings, pain and suffering; personal injury, or emotional distress), whether or not such damages were foreseeable and even if Kenmark Optical had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Kenmark Optical shall not be liable to you, under any legal theory, for any damages arising from your use or inability to use the Site, any content on the Site, any services provided through the Site, or any website linked from the Site. Submissions from you or from any other user of the Site, or from your reliance on any information provided on the Site. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. 


10.
Indemnification.

You agree to indemnify, defend and hold harmless Kenmark Optical, its officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys' fees) and damages arising out of or relating to (i) your access or connection to, use of, or inability to use this Site, including without limitation claims arising out of your transactions through this Site, (ii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement, (iii) injury to persons (including death) or property, including loss or corruption of data you cause; (iv) any claims resulting from any action Kenmark Optical, its licensees, service providers, or law enforcement authorities take during or as a result of investigation into any alleged illegal or unauthorized use of this Site. Kenmark Optical reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kenmark Optical’s defense of such claims.


11.
International Access.

You may be accessing the Site from a country other than the United States, and this Site may contain products or services, or references to products or services that are not available outside the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use the Site from outside the United States,  you are responsible for complying with your local laws and regulations. For customers residing outside of the United States, you are responsible for payment of all applicable taxes promptly upon delivery.


12.
General.

This Agreement is binding on and benefits the parties and their respective successors and permitted assigns. You shall not assign, delegate, sublease, or subcontract any or all of your respective rights, liabilities or obligations under this Agreement. Kenmark Optical may, without your prior written consent, assign any or all rights and/or obligations under the Agreement. Kenmark Optical shall be excused for failure to perform or for delay in performance under this Agreement when that performance is prevented or delayed by actions beyond Kenmark Optical’s control, including by weather, fire, tornado, other natural disaster, acts of God, power outage, labor strike, loss of supply, decisions by any government authority (whether valid or invalid) or court injunction or order. This Agreement may not be modified or amended except in writing posted by Kenmark Optical, in which case the amended or modified version of the Agreement shall apply prospectively. None of the Agreement’s provisions may be waived except in writing signed by Kenmark Optical. No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Kenmark Optical’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Kenmark Optical shall not obligate it to grant any further, similar, or other waivers. Except as otherwise expressly provided in this Agreement, all remedies are cumulative, in addition to all other remedies available to Kenmark Optical at law or in equity or otherwise, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. You agree that Kenmark Optical’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Kenmark Optical shall be entitled to specific performance, or injunctive relief, or both (without the obligation to post security), in addition to any damages that Kenmark Optical may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to reasonable attorneys’ fees. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky (without regard to its rules on conflicts of laws), and the United States of America. You hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Jefferson County, Kentucky, for any action relating to the Site, this Agreement or any relationship between the parties, and agree not to contest or challenge venue in any such courts. Optical reserves to itself any and all rights not expressly granted in this Agreement. This Agreement,  (including the Privacy Policy) represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement. To the extent this Agreement conflicts with any term or provision of another agreement incorporated into the Agreement by reference, the provision that best protects Kenmark Optical shall control.


Contact Us.

Please send any questions or comments regarding this Site, by email to hello@baxterandbonny.com or by regular mail to 1800 Research Drive, Louisville, KY 40299.

Last updated: April 17, 2017