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MEMBERSHIP TERMS AND CONDITIONS
All transactions relating to the Key Rescue, Inc. ("Key Rescue") property retrieval system shall be governed by the following terms and conditions. In consideration for the acceptance of your order with Key Rescue, you agree to be bound by these terms and conditions.
- [USE A BASIC DESCRIPTION OF THE SERVICE HERE, as seen in your brochure....] The Service is currently available only within the United States. Any agreement relating to the Key Rescue service, or any service or product offered by Key Rescue is void where prohibited.
- User expressly agrees that use of Key Rescue is at User's sole risk. Neither Key Rescue, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers (collectively, "Providers"), or the like, warrant that Key Rescue will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Key Rescue , or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Key Rescue .
- Key Rescue users remain at all times responsible for all use of their membership number and must notify Key Rescue immediately of any unauthorized use, theft or misplacement of the membership number.
- When you place an order for the Key Rescue property retrieval system, as described herein, you may be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges incurred by Key Rescue and/or any shipping company used by Key Rescue in conjunction with the return of your lost or stolen property, in connection with your account, credit card or other payment mechanism at the prices in effect when such charges are incurred. In the event of any cancellation, charge back or denial of any payment from your credit card account for goods or services provided by Key Rescue, you agree to pay Key Rescue directly for any goods or services provided. You will also be responsible for paying any applicable taxes relating to your purchases.
- Key Rescue users agree notify Key Rescue immediately of any changes in the information provided to the Company on the application or order form, including but not limited to changes in the users address, telephone number, credit card or other payment information, or amount of reward offered for items for which the Key Rescue system is being used. Failure to provide such information may result in cancellation of your Key Rescue service, with or without notice, and without liability to Key Rescue Inc.
- Key Rescue reserves the right to limit the provision of any service or product discussed herein to any person, geographic area or jurisdiction, in its sole discretion, and to limit the quantieis of any such product or service that it provides.
- Return Shipping Fees. - Key Rescue will provide you with notice, at the address and or phone number which you provide to Key Rescue, in the event that someone reports an item with your ID tag number, or in the event that your keys are returned directly to Key Rescue . You will not be charged for the return of lost keys. For other items, you will incur shipping and handling rates as follows: You will be required to authorize the return shipment of your property using FedEx® or a similar carrier with whom Key Rescue works. Either your FedEx® or other carrier account number will be charged, or the return shipping charges will be billed to your credit card. Key Rescue will coordinate the return of your property with FedEx® or another similar carrier, and you will be charged an additional $14.95 fee (or the then current fee),on your credit card, for this service. If you have offered a reward for the return of the property, your credit card will also be billed that amount, once the property has been returned to you. Key Rescue will forward the reward to the finder, at no additional charge to you.
- Risk of Loss. All items returned to you by Key Rescue, are made pursuant to a shipment contract with either FedEx® or a similar carrier. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Rules for Use of Key Rescuetm Website and Related Service. While using the Site or Site-related services, you agree not to:
- Restrict or inhibit any other user from using and enjoying the Site and services;
- Use this website or the related Key Rescue services for any unlawful purpose, or for any purpose which violates the terms and conditions of any carrier company, including but not limited to FedEx®, which is used by Key Rescue in providing any products or services;
- Transmit or post any unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- Transmit any information or software that contains a virus or other harmful or disruptive component; and/or
- Transmit materials in violation of another party's copyright, intellectual property, or other rights.
- You acknowledge and agree that Key Rescue( has the right to monitor its website and its site-related services and to disclose any information necessary to operate the site properly, to protect itself and its sponsors and customers, and to comply with legal obligations or governmental mandates. Key Rescue( reserves the right to prohibit any user who, in its sole discretion, violates these terms and conditions, from using the Key Rescue( website and related services. Such prohibition may occur without notice to the user.
- Indemnification. You agree to indemnify, defend and hold harmless Key Rescuetm, Inc., its agents, shareholders, directors, officers and assigns against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of these terms and conditions and/or your unlawful or inappropriate activities in connection with this web site or related services.
- Limitation of Liability. Under no circumstances shall Key Rescue or any other party involved in creating, producing, providing or distributing Key Rescue goods or services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Key Rescue property retrieval system, this web site, or related services, including but not limited to reliance by a User on any information obtained from Key Rescue or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Key Rescue's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Key Rescue. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- Disclaimer of Warranties. THIS SITE IS PROVIDED BY KEY RESCUE ON AN "AS IS"AND "AS AVAILABLE" BASIS. KEY RESCUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KEY RESCUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEY RESCUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KEY RESCUE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL THE USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Key Rescue is not responsible for products or services offered by other companies, including Federal Express® or any other shipping carrier, and makes no representations concerning the products or services offered by any company referenced in the Key Rescue, promotional materials or this web site, or any companies with which Key Rescue may work to provide its property retrieval services.
- Copyright and Trademark Notices. All contents of this Web site are: Copyright © 2000 Key Rescue Inc. All rights reserved. Federal Express®, FedEx® referenced herein are trademarks or registered trademarks of Federal Express® Corporation.
- Links to Third-party Sites. To the extent that this web site contains links to sites operated by parties other than Key Rescue Inc., such links are merely provided for reference. They do not constitute and endorsement of products or services other than those provided by Key Rescue Inc., and Key Rescue, Inc. is not responsible for the content of any such web sites.
- Security Information. All of your online order transactions with Key Rescue are encrypted for security purposes. To use these security features you need be using an Internet browser that supports secure socket connections. Key Rescue has taken reasonable means to protect the information you may transmit via this web site, but it cannot and does not warrant that the security measures being used on this site are invulnerable to sabotage or infiltration. Therefore, Key Rescue provides you with alternate means of ordering its property retrieval services, such as by fax, phone or mail.
- Subscribing by Fax or Mail. If you do not have a secure browser or would prefer not to subscribe online, you can subscribe by calling 800-655-3126. We will be happy to send you an order form which you may then mail or fax back to us. In addition, you may subscribe offline, by printing our offline registration form from this site and either faxing it to us at 1-800-203-5973, or mailing it to us at: Key Rescue, P.O. Box 1460, Morrisville, VT 05661.
- E-Mail and Snail Mail Communications with Key Rescue. If you do not want to receive e-mail from us in the future, please let us know by sending email to us at the above address or calling us at the above telephone number or writing to us at the above address and telling us that you do not want to receive e-mail from our company.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending email to us at the above address or calling us at the above telephone number or writing to us at the above address.
- Governing Law. These terms and conditions and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Vermont.
- Severability. The provisions of these terms and conditions are intended to be severable. If for any reason any provision of these terms and conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Acknowledgment. These terms and conditions, including all documents referenced herein, represents the entire understanding between you and Key Rescue regarding your relationship with Key Rescue and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THESE MEMBERSHIP TERMS AND CONDITIONS by using the Key Rescue web site. These terms and conditions are subject to change.
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