Terms and Conditions of Sale
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the products, the tech services, the interpretation or application of the Terms and Conditions governing our transactions and set forth here: [INSERT WEBSITE LINK], termination or validity thereof, the relationships which result from such Terms and Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or KB International LLC’s or any of its distributors’ advertising or marketing (collectively, a “Claim”) will be resolved exclusively and finally by binding arbitration. Arbitration will be conducted pursuant to the Rules of the American Arbitration Association. The customer will not have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, the customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Chattanooga, Tennessee, USA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to KB International, LLC arising out of the products or tech services will be exclusively litigated in court rather than through arbitration.
DISCLAIMER OF WARRANTY: Because KB International, LLC can neither anticipate nor control the different conditions under which this information and the products are used, KB International, LLC makes no warranty of performance, expressed or implied. KB International LLC’s policy is to continually review historical site data, product formulations and manufacturing to assure technical suitability and cost-effectiveness. Product characteristics are subject to change without notice. Users of KB International, LLC products are responsible for compliance with all applicable government regulations and patent laws.
The Synthetic Slurry Systems and products are covered by the following US Patent’s: 5,407,909; 5,663,123; 6,248,697; and 6,897,186 and various corresponding International patents. Other U.S. and International patents pending. All users should discuss the product with an appropriate representative of KB International, LLC before utilizing the produc(s). CoreSMART®, SlurrySMART®, HydroCUT®, SlurryShield®, SlurryPro®, HydroCUT®, EnhancIT®, SeaDrill®, SandSeal®, and InstaFreeze® are all registered trademarks of KB International LLC. The customer acknowledges KB International LLC’s ownership of all right, title and interest in all of KB International LLC’s trade names, trademarks and service marks. The customer shall not, directly or indirectly, register, apply for registration or attempt to acquire any legal protection for identical or confusingly similar marks or any proprietary rights in its own name or take any other action which may adversely affect KB International LLC’s right, title or interest in or to the marks. The customer shall not use any of the marks, or any confusingly similar mark, in whole or in part, as part of the customer’s business or trade name, or as part of an Internet URL used by the customer, without the express prior written consent of KB International, LLC.