TERMS AND CONDITIONS
1. Agreement to Terms
Welcome to KEM Outdoor. These Terms and Conditions ("Terms") govern your access to and use of the website located at www.kemad.com (the "Site") and any services, information, or content provided by KEM Outdoor ("Company," "we," "us," or "our"). By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
2. Description of Services
KEM Outdoor is an independently owned outdoor advertising agency headquartered in San Antonio, Texas. We have been in the billboard business since 1998 and offer billboard advertising services across multiple states, including Texas, Oklahoma, Kansas, Indiana, Louisiana, Alabama, Florida, Maryland, and Illinois. Our services include billboard advertising placement, graphic design and advertising copy creation, and billboard site leasing and acquisition. Specific terms for advertising services, contracts, and agreements are governed by separate written contracts between KEM Outdoor and our clients.
3. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site. You agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You agree not to interfere with or disrupt the Site or servers or networks connected to the Site. You agree not to transmit any viruses, malware, or other harmful code. You agree not to collect or harvest any personally identifiable information from the Site. You agree not to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
4. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, photographs, designs, and software, is the property of KEM Outdoor or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The KEM Outdoor name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KEM Outdoor. You may not use such marks without the prior written permission of KEM Outdoor. You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to copy, modify, distribute, sell, or lease any part of the Site or its content, or to reverse engineer or attempt to extract the source code of any software.
5. User Submissions
If you submit any information, inquiries, feedback, suggestions, ideas, or other materials to us through the Site or via email, phone, or text message ("Submissions"), you grant KEM Outdoor a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions for any purpose. You represent and warrant that you own or control all rights to your Submissions and that your Submissions do not violate any third-party rights or any applicable laws.
6. Advertising Services and Contracts
The Site provides general information about our outdoor advertising services. Any advertising services, billboard placements, graphic design work, or real estate transactions are subject to separate written agreements between KEM Outdoor and the client. These Terms do not constitute an offer or contract for advertising services. Pricing, availability, and specific terms are determined on a case-by-case basis and are set forth in individual contracts. In the event of any conflict between these Terms and a written advertising contract, the terms of the written contract shall prevail.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KEM OUTDOOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEM OUTDOOR DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEM OUTDOOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEM OUTDOOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, ANY CONTENT OR INFORMATION OBTAINED FROM THE SITE, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF KEM OUTDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KEM OUTDOOR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless KEM Outdoor, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from your use of the Site, your violation of these Terms, your violation of any third-party right (including any intellectual property or privacy right), or any claim that your Submissions caused damage to a third party.
10. Third-Party Links
The Site may contain links to third-party websites or resources. These links are provided for your convenience only. KEM Outdoor has no control over the content, products, services, or practices of any third-party websites and assumes no responsibility for them. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
11. Modifications to the Site and Terms
KEM Outdoor reserves the right to modify, suspend, or discontinue the Site (or any part thereof) at any time without notice. We also reserve the right to modify these Terms at any time. Any changes to these Terms will be posted on this page with an updated effective date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Bexar County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.
13. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue any remedies available at law or in equity in accordance with the Governing Law and Jurisdiction section above.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
15. Waiver
The failure of KEM Outdoor to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by KEM Outdoor.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and KEM Outdoor with respect to your use of the Site and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and KEM Outdoor regarding such subject matter.
17. Contact Information
If you have any questions about these Terms, please contact us at:
KEM Outdoor
4515 San Pedro Ave
San Antonio, TX 78212
Phone: 210-737-3000