Terms and Conditions

This Web site (the “Site”) is provided by KmS Mineral Essentials, LLC and is for your information, personal entertainment and commercial and/or non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted on the KmS Mineral Essentials website applicable to your use of KmS Mineral Essentials, (as amended by KmS Mineral Essentials, the foregoing being collectively referred to as the “Terms and Conditions”).

By using the KmS Mineral Essentials site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the KmS Mineral Essentials site and, accordingly, you should not do so. KmS Mineral Essentials may change these Terms and Conditions at any time, with or without cause, and without notice. Such changed Terms and Conditions shall be posted on the KmS Mineral Essentials site. You should check these Terms and Conditions periodically for changes prior to using the KmS Mineral Essentials Site. By using the KmS Mineral Essentials site, following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.

The KmS Mineral Essentials site is intended and directed to residents of the United States and all advertising and claims contained in the KmS Mineral Essentials Site s are valid only in the United States.

The KmS Mineral Essentials Site, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of KmS Mineral Essentials and may not be used in connection with any product or service that is not offered by KmS Mineral Essentials in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KmS Mineral Essentials. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof is protected under US Copyright Laws. The compilation of all content on the KmS Mineral Essentials Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with the Company or using this web site as a shopping resource. Any other use of materials on this Web site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of KmS Mineral Essentials is strictly prohibited.

While we have made every effort to display the shades of our products as accurately as possible, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.

Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the KmS Mineral Essentials site.

Impersonation of others, including, without limitation, a KmS Mineral Essentials employee, host, or representative, as well as other members or visitors on the KmS Mineral Essentials Site is prohibited. Users may not upload commercial content on the KmS Mineral Essentials Site or use the KmS Mineral Essentials Sites to solicit others to join or become members of any other commercial online service or other online or offline organization.

All information concerning users of the KmS Mineral Essentials Site is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to the KmS Mineral Essentials Site.

KmS Mineral Essentials welcomes user comments, information and submissions. In addition, you and other users of the KmS Mineral Essentials Site may have an opportunity to post certain knowledge, material, or commentary on the KmS Mineral Essentials Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Subject to our Privacy Policy, all information and other content that you post on the KmS Mineral Essentials Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.  Further, and as discussed in greater detail below, by posting such information on the KmS Mineral Essentials Site, you agree to grant KmS Mineral Essentials an non-exclusive and perpetual, royalty-free license to repurpose that information or post in any way KmS Mineral Essentials desires and in its sole discretion.

By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the KmS Mineral Essentials Site (“User Content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the KmS Mineral Essentials Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the KmS Mineral Essentials Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the KmS Mineral Essentials Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the KmS Mineral Essentials Site or servers or networks linked to the KmS Mineral Essentials Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the KmS Mineral Essentials Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the KmS Mineral Essentials Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the KmS Mineral Essentials Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the KmS Mineral Essentials Site to become members of any commercial on line service or other group or organization.

You acknowledge and agree that User Content you view or post on the KmS Mineral Essentials Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of KmS Mineral Essentials, and KmS Mineral Essentials does not support or endorse any User Content or any other content or otherwise posted by you or any other user.

You acknowledge that KmS Mineral Essentials does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the KmS Mineral Essentials Site. However, KmS Mineral Essentials and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in KmS Mineral Essentials’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the KmS Mineral Essentials Site may be purged periodically in KmS Mineral Essentials’s sole discretion. KmS Mineral Essentials is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the KmS Mineral Essentials Site, whether created by KmS Mineral Essentials or submitted to KmS Mineral Essentials.

User Content includes the opinions, statements and other content of third parties, not KmS Mineral Essentials. KmS Mineral Essentials does not endorse any such opinions, statements or other content posted on or accessible through the KmS Mineral Essentials Sites. KmS Mineral Essentials does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by KmS Mineral Essentials’s receipt or acceptance of any such materials.

Any User Content submitted by you to the KmS Mineral Essentials Site will be deemed non-proprietary and non-confidential and may be used by KmS Mineral Essentials without restriction. By submitting or sending information, material, or any other communication to KmS Mineral Essentials including User Content, you grant KmS Mineral Essentials the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. KmS Mineral Essentials and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the KmS Mineral Essentials Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by KmS Mineral Essentials. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with KmS Mineral Essentials’s Privacy Policy.

You understand that the technical processing and transmission of the KmS Mineral Essentials Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. KmS Mineral Essentials assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the KmS Mineral Essentials Site.

You agree that you will not harvest, collect or store information about the users of the KmS Mineral Essentials Site or the User Content or use such information for any purpose inconsistent with the purpose of the KmS Mineral Essentials Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

As between KmS Mineral Essentials and you, except for User Content, KmS Mineral Essentials is the sole owner of all content on the KmS Mineral Essentials Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the KmS Mineral Essentials Site (” KmS Mineral Essentials Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all KmS Mineral Essentials Proprietary Material on the KmS Mineral Essentials Site is the exclusive property of KmS Mineral Essentials The contents of the KmS Mineral Essentials Site is copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the KmS Mineral Essentials Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the KmS Mineral Essentials Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the KmS Mineral Essentials Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the KmS Mineral Essentials Site or use of such materials for any other purpose is a violation of KmS Mineral Essentials s copyright and other proprietary rights.

By using the KmS Mineral Essentials Site, you agree to defend, indemnify, and hold harmless KmS Mineral Essentials, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the KmS Mineral Essentials Site or any service available on or through the KmS Mineral Essentials Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any KmS Mineral Essentials Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the KmS Mineral Essentials Site applicable to your use of the KmS Mineral Essentials Site, by you.

You may be able to link to third party Web sites (“Linked Sites”) from the KmS Mineral Essentials Site. KmS Mineral Essentials is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. KmS Mineral Essentials cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. KmS Mineral Essentials does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall KmS Mineral Essentials be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. KmS Mineral Essentials reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the KmS Mineral Essentials Site and/or introduce different features or links to different users.

Other sites may link to the KmS Mineral Essentials Site only through a plain-text link subject to the prior written approval of a duly authorized employee of EKmS Mineral Essentials. To seek our permission, please contact us at the address below. KmS Mineral Essentials reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the KmS Mineral Essentials Site, at our discretion, with or without cause, at any time.

VISITORS TO THE KMS MINERAL ESSENTIALS SITE AGREE THAT THEIR USE OF THE KMS MINERAL ESSENTIALS SITE IS AT THEIR OWN SOLE RISK. THE KMS MINERAL ESSENTIALS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, KMS MINERAL ESSENTIALS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE KMS MINERAL ESSENTIALS SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KMS MINERAL ESSENTIALS ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND KMS MINERAL ESSENTIALS HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE KMS MINERAL ESSENTIALS SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. KMS MINERAL ESSENTIALS AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE KMS MINERAL ESSENTIALS SITE BY ANYONE OTHER THAN AUTHORIZED KMS MINERAL ESSENTIALS EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE KMS MINERAL ESSENTIALS SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE KMS MINERAL ESSENTIALS SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. KMS MINERAL ESSENTIALS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE KMS MINERAL ESSENTIALS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE KMS MINERAL ESSENTIALS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

KMS MINERAL ESSENTIALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE KMS MINERAL ESSENTIALS SITE. YOU (AND NOT KMS MINERAL ESSENTIALS OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL KMS MINERAL ESSENTIALS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE KMS MINERAL ESSENTIALS SITE, EVEN IF \KMS MINERAL ESSENTIALS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE KMS MINERAL ESSENTIALS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KMS MINERAL ESSENTIALS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING KMS MINERAL ESSENTIALS’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

KmS Mineral Essentials controls and operates the KmS Mineral Essentials Site from our office in the State of Michigan, United States of America. While we invite visitors from all parts of the world to visit the KmS Mineral Essentials Site, visitors acknowledge that the KmS Mineral Essentials Site, and all activities available on and through the KmS Mineral Essentials Site, are governed by the laws of the United States of America and the laws of the State of Michigan. We do not represent that materials on the KmS Mineral Essentials Site is appropriate or available for use in other locations. Persons who choose to access the KmS Mineral Essentials Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of Michigan, excluding its conflicts-of-law rules, and these Terms and Conditions, KmS Mineral Essentials’s Privacy Policy and any other policies posted from time to time on the KmS Mineral Essentials Site applicable to your use of the KmS Mineral Essentials Site shall govern your use of the KmS Mineral Essentials Site. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the KmS Mineral Essentials Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with KmS Mineral Essentials or relating in any way to your use of the KmS Mineral Essentials Site resides in the courts of the Montcalm County, Pierson State of Michigan, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Montcalm County, State of Michigan, in connection with any such dispute and including any claim involving KmS Mineral Essentials or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the EKmS Mineral Essentials Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. KmS Mineral Essentials’s failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of KmS Mineral Essentials. KmS Mineral Essentials may assign its rights under these Terms and Conditions to any party at any time without notice.

Please feel free to contact us via one of the methods described on our Contact Us page. You agree that KmS Mineral Essentials may send notices to you regarding your use of the KmS Mineral Essentials Site by means of electronic mail, a general notice posted on the KmS Mineral Essentials Site or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in KmS Mineral Essentials’s records.

Privacy policy
1. General
KmS Mineral Essentials, LLC. and its affiliated company (“KmS Mineral Essentials”) respects the privacy of every individual who visits this Web site, www.kmsmineralessentials.com (the “Site”), and all other Web sites owned, operated or maintained directly or indirectly by KmS Mineral Essentials, has created this statement (the “Privacy Policy”) to inform you of KmS Mineral Essentials’ privacy practices and the terms and conditions under which data that we collect from you on the KmS Mineral Essentials Site will be used, shared and otherwise treated. This Privacy Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the KmS Mineral Essentials Site.

2. Collection and use of information
Personally Identifiable Information

When you visit the KmS Mineral Essentials Site, you may be asked to provide certain personally identifiable information about yourself (“PII”) for certain purposes such as providing the service for which your information was requested, or enhancing your experience on the KmS Mineral Essentials Site (for a fuller description, see “Use of Your Information” below). PII may include your name, mailing address, e-mail address, and telephone number, and for online transactions, billing and shipping information, and credit card information.

Providing PII to the KmS Mineral Essentials Site is on a strictly voluntary basis, however, if you opt not to provide the KmS Mineral Essentials Site with certain PII (See procedures in Article VI below (“Opt-Out”)), you may be unable to participate in certain promotions, receive product information, or buy products offered directly or indirectly through the KmS Mineral Essentials Site.

You acknowledge and agree that your provision of Your Information to the KmS Mineral Essentials Site will be subject to the terms of this Privacy Policy and that KmS Mineral Essentials may use your Information for the purposes stated herein, including carrying out the purposes for which such information was collected. As set forth in more detail below, KmS Mineral Essentials will not share your information with any third party or unrelated website.

In some cases, you may be requested to provide the KmS Mineral Essentials Site with certain information about you that is not personally identifiable, such as your age, zip code, make-up preferences, shopping habits and other buying preferences, product and information preferences, and personal characteristics and other traits (“NPII”, and together, with your PII, “Your Information”). We may also collect certain information about your use of the KmS Mineral Essentials Site and other Web sites linked to the KmS Mineral Essentials Site, such as the type of Internet browser or computer operating system you are using and the domain name of the Web site from which you linked to the KmS Mineral Essentials Site.

We may also use a technology known as “cookies” (or any other technology now existing or hereafter developed providing similar tracking benefits to KmS Mineral Essentials) to help you travel through the KmS Mineral Essentials Site and other Web sites linked to the KmS Mineral Essentials Site more easily and to help us understand how you and others use the KmS Mineral Essentials Site and other Web sites linked to the KmS Mineral Essentials Site. Specifically, we may use cookies (or such other technology) to: i) customize your visitation and shopping experience on the KmS Mineral Essentials Site; ii) provide you with custom-tailored content; iii) notify you of certain promotions, products and services that KmS Mineral Essentials believe may be of interest to you; and iv) for any other purpose permitted under applicable law.. Cookies are used by almost every Web site for these and similar purposes. You may, however, disallow reception of cookies at any time by resetting your web browser. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.

USE OF YOUR INFORMATION

KmS Mineral Essentials may store and process Your Information in order to carry out the purpose for which such information was provided, which purposes you acknowledge includes the general promotion, marketing, and advertising activities related to the products and services that KmS Mineral Essentials makes available, as well as for purposes ancillary to such promotion, marketing and advertising activities and in connection with any other lawful activity that KmS Mineral Essentials, directly or indirectly, engages in. Further, you understand and agree that KmS Mineral Essentials has the unrestricted right to use such data for any and all lawful purposes.

When you register on the KmS Mineral Essentials Site, we may ask you to provide your name, e-mail address, mailing address, telephone numbers, and other PII. This allows the KmS Mineral Essentials Site to maintain a user profile of each user so that we may customize preferences for each specific user, provide a faster method for Web visitors to submit information to KmS Mineral Essentials (and receive back either the information or products desired by each such user), notify users about important functionality changes to the KmS Mineral Essentials Site and about new products and services offered by KmS Mineral Essentials and special offers that we believe users will find to be valuable, as well as generally allow us to better know our users and possibly tailor any specific features, promotions or other notifications to them.

In addition to the foregoing circumstances, Your Information may be shared with employees, agents, and independent contractors of KmS Mineral Essentials and/or with other third parties with whom KmS Mineral Essentials does business with, including customer support specialists, Web hosting companies, fulfillment companies, and data analysis firms, in connection with services that these individuals or entities perform for KmS Mineral Essentials, for themselves or for any other lawful purpose. PII submitted to KmS Mineral Essentials over the KmS Mineral Essentials Site in connection with employment inquiries will be used only by KmS Mineral Essentials and its employees, agents, independent contractors and/or other third parties in your application process and as may be required under applicable laws.  That said, your information will be provided under a Confidentiality Agreement that will prevent such affiliated business or employee from divulging your PII to any third party.

PUBLIC FORUMS
From time to time you may be able to participate in certain activities on the KmS Mineral Essentials Site, such as chat or bulletin boards, which will allow you the opportunity to communicate with KmS Mineral Essentials or other users of the KmS Mineral Essentials Site. Unless otherwise noted, these activities are generally accessible to all users of the KmS Mineral Essentials Site and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that KmS Mineral Essentials does not review, censor, or in any manner control the content of these forums and consequently KmS Mineral Essentials has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to KmS Mineral Essentials for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to KmS Mineral Essentials’ Terms and Conditions of Use and Community Guidelines.

3. SECURITY
KmS Mineral Essentials is committed to safeguarding and protecting Your Information from loss, misuse or alteration. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the KmS Mineral Essentials Site, and the KmS Mineral Essentials Site and you, will be free from unauthorized access by third parties. So even though we pledge to keep your confidential information private, and not share it with third-parties, Users of the KmS Mineral Essentials Site use these sites at their own risk, and understand that even though KmS Mineral Essentials may use its best efforts to prevent your information from being accessed in an unauthorized fashion, it may nevertheless happen due to hacking or some other illicit means by a third party.

4. CHILDREN
KmS Mineral Essentials is concerned about the safety of children when they use the Internet. However, the KmS Mineral Essentials Site is neither directed nor targeted to children under 13 years old. Consistent with the Children’s Online Privacy Protection Act of 1998, KmS Mineral Essentials has no intention to knowingly collect any PII (personally identifiable information, such as name, address, telephone number, age or email address) from individuals under the age of thirteen (13) years. If KmS Mineral Essentials learns that a child under the age of 13 years has provided PII (personally identifiable information) to the KmS Mineral Essentials Site without verifiable parental consent, KmS Mineral Essentials will use commercially reasonable efforts to delete such information from its databases. We strongly encourage parents to monitor their children’s use of the Web and we will use our reasonable efforts to delete personally identifiable information that we have received from your under age 13 child from the KmS Mineral Essentials

5. CONTACTING US REGARDING YOUR IDENTIFIABLE INFORMATION
If you have previously submitted PII to KmS Mineral Essentials through the KmS Mineral Essentials Site, and you would like to review, update, or have your PII information deleted from our databases, please contact us via one of the methods described on our Contact Us page.

6. ACCEPTANCE OF THESE TERMS; CONSENT TO PROCESSING
By using the KmS Mineral Essentials Site, you agree to this KmS Mineral Essentials Privacy Policy and the KmS Mineral Essentials Terms and Conditions of Use. If you do not so agree, please do not use the KmS Mineral Essentials Site. If KmS Mineral Essentials changes this KmS Mineral Essentials Privacy Policy or the KmS Mineral Essentials Terms and Conditions of Use, your continued use of the KmS Mineral Essentials Site following the posting of such changes will signify your acceptance of those changes. By providing PII to KmS Mineral Essentials, you fully and unambiguously consent to the collection and processing of Your Information throughout the world, including, without limitation, in the United States and in other countries that may be considered as having less than adequate protection for your PII.

7. DISCLOSURE PURSUANT TO LAW
KmS Mineral Essentials may disclose Your Information when required to do so under applicable law.

8. INQUIRIES
KmS Mineral Essentials welcomes your feedback, questions, comments and concerns regarding your use of the KmS Mineral Essentials Site and any third party Web sites linked to the KmS Mineral Essentials Site. Inquiries regarding the KmS Mineral Essentials Site may be made by contacting us via one of the methods described on our contact us page. You can also send us your feedback on any third party sites linked to the KmS Mineral Essentials Site.

9. AMENDMENTS TO THE KMS MINERAL ESSENTIALS PRIVACY POLICY
PLEASE NOTE THAT WE MAY CHANGE OUR PRIVACY POLICY FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED POLICY WILL BE APPLICABLE TO ANY OF YOUR INFORMATION THAT YOU PROVIDE TO US, WHETHER BEFORE OR AFTER SUCH CHANGE IN THIS PRIVACY POLICY. ANY SUCH REVISED PRIVACY POLICY WILL BE POSTED ON THE KMS MINERAL ESSENTILS SITE. AS WE MAY MAKE CHANGES TO THIS PRIVACY POLICY FROM TIME TO TIME WITHOUT NOTIFYING YOU, WE ENCOURAGE YOU TO REVIEW THIS PRIVACY POLICY FROM TIME TO TIME TO STAY INFORMED ABOUT HOW WE USE AND PROTECT THE PII WE COLLECT.