Welcome to www.kellycodetectors.learnworlds.com (the "Kellyco Course Site"). The Kellyco Course Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Kellyco Course Site constitutes your agreement to all the Terms. Please read the Terms carefully, and keep a copy of them for your reference. The Kellyco Course Site is operated and offered by Metal Detecting, LLC dba Kellyco Detectors (“we”, “us”, “Kellyco”).
Your use of the Kellyco Course Site is subject to our Privacy Policy, which is available here.
By entering your email address to create an
account or by placing an order on the Kellyco Course Site, you consent to receive electronic communications from
us, including promotional and marketing materials. You may unsubscribe from these communications
at any time.
If you use the Kellyco Course Site, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or
entity. You acknowledge that We are not responsible for third party access to
your account that results from theft or misappropriation of your account. We
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
The Kellyco Course Site does not knowingly
collect, either online or offline, personal information from persons under the
age of thirteen. If you are under 18, you may use the Kellyco Course Site only
with permission of a parent or guardian.
Use by anyone under the age of 13 is strictly prohibited.
Customer may return their product within 14
days from their original order date as indicated on receipt in the original
condition. If you have a defective product please contact us within 7 days of
receipt for a replacement. Kellyco may cancel (and refund) any transaction at
any time for any reason or no reason at all.
Please contact us at support@kellycodetectors.com or call us with any
questions.
The content, design, logos, and other
materials contained on the Kellyco Course Site are protected by state and
federal intellectual property laws. You
shall not engage in any prohibited infringement, copying, duplication, or
reverse engineering of such material.
We do not claim ownership of the materials and
content you post, upload, input, or submit to the Kellyco Course Site (“User
Content”). You are solely responsible
for your User Content and you accept all consequences of posting it. Although you retain ownership of your User
Content, by posting it on the Kellyco Course Site, you grant KellyCoDetectors.com
a license and permission to use your User Content in connection with the Kellyco
Course Site including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your User Content; and to publish your name in connection with your User
Content. No compensation will be paid
with respect to the use of your User Content, as provided herein. We are under
no obligation to post or use any User Content you may provide and may remove
any User Content at any time in our sole discretion. You warrant and represent that you own or
otherwise control all of the rights to your User Content as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the User Content.
You agree to indemnify, defend and hold
harmless us, our owners, officers, directors, employees, agents and representatives,
for any losses, damages, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Kellyco Course Site or services, any User Content you post, your violation
of any of these Terms, your violation of any rights of a third party, your
violation of any applicable laws, rules or regulations, or your use of products
you purchase from the Kellyco Course Site. We reserve the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with us in
asserting any available defenses.
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these Terms and/or
customer’s relationship with the Kellyco Course Site, then any action,
complaint, or lawsuit must be filed in a court of competent jurisdiction in Knox
County, TN. Any action, complaint, or
lawsuit filed in any other jurisdiction shall be immediately removed or
transferred to a court in Knox County, TN, and the party responsible for the
improper filing must reimburse the other party for expenses and attorneys fees
incurred to remove or transfer the action, complaint, or lawsuit to Knox
County, TN. Furthermore, the law of
Tennessee shall govern any action, complaint, or lawsuit arising out of or
concerning these Terms and/or customer’s relationship with the Kellyco Course Site.
Any dispute resolution proceeding, including
litigation, arbitration, and mediation, must be conducted on an individual
basis only and not in a class, consolidated, or representative action. The
user and/or customer acknowledges and expressly agrees that this is a knowing,
voluntary, and permanent waiver of any right to bring federal, state, or local
claims as any part of, or on behalf of, any class or any other individuals,
before a court or other tribunal.
The data, information, courses, and
certifications offered by the Kellyco Course Site are provided “as is.” We do not make any representations,
guarantees, or promises related to the quality or accuracy of the data,
information, courses, or certifications.
We are not required to have our courses or certifications recognized or
accredited by any accredited institution, organization, or agency. We recommend that any users or customers who
intend or wish to use our certifications to gain access to or employment with
law enforcement or other crime scene investigators first contact those parties
to determine whether our certifications meet or satisfy the parties’
requirements. Your use of the Kellyco Course
Site, including your purchases, is done at your own risk. To extent permitted by law, KellyCoDetectors.com
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
In most instances, we are merely the retailer
of products which are designed, manufactured, and tested by other
companies. Therefore, we shall not be
liable for any losses, damages, costs, liabilities or expenses (including
attorney's fees) relating to or arising out of your purchase, use, storage, or
operation of products purchased from the Kellyco Course Site. Additionally, we shall not be liable for any
direct, indirect, special, incidental, punitive, consequential or exemplary
damages (including but not limited to damages for loss of profits, loss of data
or loss of use) arising out of the use or inability to use the Kellyco Course Site
or any information contained therein.
If any part of these Terms are determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms
constitute the entire agreement between the user and us with respect to the use
of the Kellyco Course Site and any transactions between the parties. These Terms supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and us.
You acknowledge and agree that your consideration, purchase, and use of any products or offerings sold by us on www.kellycodetectors.com shall be subject to the Terms and Conditions available at https://support.kellycodetectors.com/hc/en-us/articles/360057251374-Terms-and-Conditions.
We reserve the right to change the Terms under which the Kellyco Course Site is offered. The most current version of the Terms will supersede all previous versions. Please feel free to contact us if you have any questions or concerns at support@kellycodetectors.com or 855-721-7699.
