Legal Notice © 2024 Kingston Brass, Inc.
OVERVIEW
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kingston Brass Inc. The collective work includes works that are licensed to Kingston Brass Inc. Copyright 2024, Kingston Brass Inc All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kingston Brass Inc or purchasing Kingston Brass Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kingston Brass Inc. or to purchase Kingston Brass Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kingston Brass Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of Kingston Brass Inc. used in the site are trademarks or registered trademarks of Kingston Brass Inc.
FINISH DISCLAIMER
Kingston offers several special finishes that fall into two main groups: antiqued/distressed and living. Our antiqued/intentionally distressed finishes include Antique Brass, Antique Copper, Naples Bronze, and Brushed Black Stainless Steel. Our living finish is Oil Rubbed Bronze. Antiqued/distressed finishes have had a darkener applied to create the appearance of patina and age. Due to the nature of plating and distressing processes, each production lot of these finishes varies slightly in brightness and tone. Some degree of inconsistency between items in antiqued or distressed finishes should be expected. We cannot guarantee an exact match between items in these finishes. The differences in tone and brightness are a variation rather than a flaw or defect. Living Finishes change over time. Our Oil Rubbed Bronze will patina over time such as taking on highlights in high-touch areas. We consider this dynamic nature a feature that gives each faucet a unique character over its lifetime of use and does not constitute a defect or flaw. Like our antiqued/distressed finishes, some degree of inconsistency between living finish items should be expected. We cannot guarantee an exact match between items in Oil Rubbed Bronze.
FITMENT AND COMPATIBILITY DISCLAIMER
Kingston Brass, Inc. assumes no liability related to the product use and fitment of its products. Buyers are solely responsible to insure that product use and fitment is consistent with our Kingston Brass, Inc. installation instructions and guidelines. Kingston Brass, Inc. is unable to guarantee the compatibility of it’s products, including Side-Sprays, Showerheads, valves, handles and other items with other brands. Our products are intended for use with compatible Kingston Brass products only. Products such as Kitchen Side Sprays should never be installed directly to a supply line, stop valve, or any other continuously flowing/pressurized source.
WARRANTY DISCLAIMER
Kingston Brass Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Kingston Brass Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kingston Brass Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a Kingston Brass Inc. product is mistakenly listed at an incorrect price, Kingston Brass Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kingston Brass Inc. reserves 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 cancelled, Kingston Brass Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
NOTIFICATION
Kingston Brass Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kingston Brass Inc.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kingston Brass Inc. products) shall be in the state or federal courts located in Los Angeles County, California.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kingston Brass Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Kingston Brass Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kingston Brass Inc. may assign its rights and duties under this agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kingston Brass Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
Kingston Brass Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kingston Brass Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kingston Brass Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kingston Brass Inc. in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kingston Brass Inc., its officers, directors, employees, agents, licensers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Kingston Brass Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Kingston Brass Inc., Kingston Brass Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kingston Brass Inc.
These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kingston Brass Inc. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
UNITED STATES GOVERNING LAW
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the state of California, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Kingston Brass, Inc. intends to make such products or services available in such countries.