Website terms of use

Acceptance of Terms

The information on this website is intended to provide users with general information on matters that they may find to be of interest. Kiwa USA and its parent and affiliated companies (collectively “Kiwa”) provide this website (“the Site”) to the public subject to the following Terms of Use ("TOU"). By using the Site, you accept and agree to be bound and abide by these TOU. If you do not want to agree to these TOU, do not access or use the Site.

Changes and Special Additional Terms and Conditions

Kiwa may revise the TOU at any time without notice. Your use of the Site or Services after such changes constitutes your agreement to such changes.

Privacy and Protection of Personal Information

Please review our Privacy Statement, which explains how we collect and use personal information about you. By using the Site, you accept and agree to the terms of our Privacy Statement. If you do not want to agree to the terms of the Privacy Statement, do not access or use the Site.

Ownership of the Site

This Site and material contained on the Site is owned or licensed by Kiwa and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Kiwa. Any use of the Website not expressly permitted by these TOU is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The logo and tagline are registered trademarks of Kiwa.

You may use the information, images, and text on the Site for your personal, non-commercial use only, provided that you do not reproduce, download, store, redistribute, modify, or publicly display it. All rights are reserved to Kiwa, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You are prohibited from using the Site to infringe on Kiwa’s or any person's or other entity’s copyright, trademark, patent or other intellectual property rights. You may be ordered by a court to pay money damages to Kiwa and to the rightful owner of any intellectual property rights you violate. You agree that you will not link to Site content in a way that suggests association, approval, or endorsement of Kiwa without Kiwa’s written approval, and you will not cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You further agree not to use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Trademarks

The Kiwa name, the Kiwa logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kiwa or its affiliates or licensors. You must not use such marks without the prior written permission of Kiwa. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You agree you will not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including, but not limited to:

  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Website.

Contents and Changes to the Website

Kiwa makes no representations about the completeness, suitability, accuracy or timeliness of the contents and information contained in the Site and associated documents and related graphics. Kiwa may update the content on the Site from time to time, but You understand that any the material on the Site may be out of date at any given time, and Kiwa is under no obligation to update such material. All Site content and information, documents and related graphics are provided "as is" without warranty of any kind, and Kiwa disclaims all warranties with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Use of the Site is at your own risk.

The information presented on this Site should not be construed as civil, structural or consulting engineering advice. You should consult with Kiwa professional advisors before making any decision.

You understand that Kiwa cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Certain links on the Site lead to servers maintained by individuals or organizations over whom Kiwa has no control. Kiwa makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers.

Global Availability/Export Controls

Portions of this Site may be controlled and operated by Kiwa from various offices in the United States. Kiwa makes no representation that the Site or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where these contents are illegal or penalized is prohibited. Access to or use of the Site or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.

Those who access the Site do on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the district courts of the United States or the courts of the State of Texas.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.