Keller IT Industries 

Terms and Conditions

Effective as of: January, 01, 2024

Keller IT Industries 

Terms and Conditions

Effective as of: January, 01, 2024

Welcome to Keller IT Industries LLC. The 'Kellerindustries.tech' website, the mobile Keller IT Industries site, and any Keller IT Industries app (Android and iOS) are collectively the “Keller IT Properties” and each individually is a “Keller IT Property.” By using any Keller IT Property and its related services, products, and software to (i) purchase services, products, and software, or (ii) apply for available financing options to be used to purchase services, products, and softwares, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Keller IT Property. Additional or separate terms may apply to your interactions with other Keller IT websites, Keller IT or Tech Team® locations, and to your use of individual services or features available on a Keller IT Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Keller IT,” “Tech Team,” “our,” “we,” or “us” may refer to Keller IT Industries, its affiliates, subsidiaries, and designees. We may make changes to any Keller IT Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Keller IT Properties.


THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.


Privacy. Your use of the Keller IT Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information. See Disclosure Information on our site. We strive to be as accurate as possible with the information we present on the Keller IT Properties. We will make reasonable efforts to accurately display the attributes of the products we offer. We do not warrant that product descriptions or other content are accurate, complete, or error-free. Prices and promotions are subject to change and may vary from those offered. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or contact you for instructions.


Paying for your order. Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in-store. For digital items, we’ll charge your payment method when you initiate the download or the product is placed in your account. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) at the time you place the order. If a preauthorization of a pre-order expires before fulfillment, it will be reversed, and another preauthorization will be made closer to the confirmed availability date.


Order confirmation. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.


Keller IT Family-Care Program. When you create an account on a Keller IT Property, you may be enrolled in the Keller IT Family-Care Program. The Keller IT Family-Care Program is a Subscription program through which you may receive membership benefits. If you are also a Keller IT member, you may be eligible to earn points toward reward certificates, which are coupons for discounts on future purchases at Keller IT. See Keller IT Family-Care Program Terms.


Proprietary rights. All content included on or comprising the Keller IT Properties, including information, data, software, photographs, graphics, music, sounds, and other material (collectively “Content”), is protected by copyright, trademark, patent, or other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Keller IT Industries owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part. The Keller IT and Tech Team logos and other trademarks on the Keller IT Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Keller IT Industries and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.


User-generated content: reviews, comments, communications, and other content. You may interact with the Keller IT Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Keller IT Industries a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, translate, reproduce, transmit, publish, display, delete, create derivative works from, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Keller IT Industries to feature text, images, and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. For this reason, do not send us any content that you do not wish to license to us, including any confidential information or any original creative materials. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. When you share content with us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.


Notification of copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted material may have been infringed, please provide the Keller IT Copyright Agent with the following information in writing:


A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed.

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Keller IT to locate the material.

Information reasonably sufficient to permit Keller IT to contact you, such as an address, phone number, and, if available, an email address.

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that this procedure is exclusively for notifying Keller IT and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Keller IT’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.


We process information about you in accordance with our Privacy Policy. By using the Keller IT Properties, you consent to such processing and you warrant that all data provided by you is accurate.


If you would like to use material from a Keller IT Property (other than user-generated content, as discussed above), please contact Keller IT Industries.


Modification, suspension, or discontinuance of the Keller IT Properties. In the event of any dispute between the parties concerning the subject matter of these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with the dispute, in addition to any other damages or relief to which the prevailing party may be entitled. Except as otherwise expressly provided herein, Keller IT Industries, in its sole discretion, may change, suspend, or discontinue any aspect of the Keller IT Properties at any time, including the availability of any Keller IT Property feature, database, or Content. Keller IT Industries may also impose limits on certain features and services or restrict your access to parts or all of the Keller IT Properties without notice or liability.


Termination. These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Keller IT Properties. If you are dissatisfied with the Keller IT Properties, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Keller IT Properties. Keller IT Industries reserves the right to terminate or suspend your access to and use of the Keller IT Properties, or parts of the Keller IT Properties, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Keller IT Industries has reason to believe that you are in violation of these Terms. In addition, we reserve the right to seek all remedies available at law and in equity for violations of these Terms.


Disclaimer of warranties

limitation of liability. We do not guarantee, represent, or warrant that your use of the Keller IT Properties will be uninterrupted or error-free, and you agree that from time to time we may remove the Keller IT Properties for indefinite periods of time or cancel the Keller IT Properties at any time, without notice to you. You expressly agree that your use of, or inability to use, the Keller IT Properties is at your sole risk. The Keller IT Properties and all products and services delivered to you through the Keller IT Properties are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Keller IT Industries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Keller IT Properties or any products procured using the Keller IT Properties, or for any other claim related in any way to your use of the Keller IT Properties or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Keller IT Properties or any content (or product) posted, transmitted, or otherwise made available via the Keller IT Properties, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

1. Workmanship Warranty

Keller IT Industries LLC ("Keller IT") is committed to providing high-quality products and services. We stand behind our workmanship and offer a 90-day workmanship warranty on all services rendered by our team.

1.1 Coverage

The 90-day workmanship warranty covers defects in the work performed by Keller IT Industries. This includes errors in installation, configuration, and any other service-related issues that may arise during the specified warranty period.

1.2 Exclusions

The workmanship warranty does not cover damages or defects caused by:

Improper use or maintenance by the client.

Modifications or alterations made to the services by anyone other than Keller IT Industries.

Third-party products, software, or hardware not supplied or directly serviced by Keller IT Industries.

2. Product Warranty Disclaimer

Keller IT Industries does not manufacture the products used or sold as part of our services. Any warranties for third-party products are provided solely by the manufacturer. Keller IT Industries expressly disclaims any responsibility or liability for the performance, durability, or fitness for a particular purpose of third-party products.

2.1 Third-Party Products

Keller IT Industries is not responsible for any warranty claims or support for third-party products. Clients are encouraged to review and understand the warranty terms provided by the respective manufacturers of any hardware or software incorporated into our services.

3. Procedures for Warranty Claims

3.1 Workmanship Warranty Claims

If you believe you have a valid claim under our 90-day workmanship warranty, please contact Keller IT Industries promptly. We will evaluate the issue and, if deemed valid, work to promptly remedy the situation.

3.2 Third-Party Product Warranty Claims

For warranty claims related to third-party products, clients are advised to contact the manufacturer directly in accordance with their provided warranty information. Keller IT Industries will provide reasonable assistance in facilitating communication between the client and the manufacturer.

4. Limitation of Liability

In no event shall Keller IT Industries be liable for any consequential, indirect, incidental, special, punitive, or other damages arising out of or related to our products and services, including but not limited to damages for loss of data, loss of use, or lost profits.

5. Changes to Warranty Policy

Keller IT Industries reserves the right to modify or update this Warranty Policy at any time. Any changes will be effective immediately upon posting the updated policy on our website.


Dispute resolution; arbitration agreement; class waiver. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Keller IT and limits the manner in which you can seek relief from us. You and Keller IT Industries agree to arbitrate any dispute arising from these Terms or your use of the Keller IT Properties, except that you and Keller IT Industries are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.


ARBITRATION RULES AND GOVERNING LAW. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms or the Keller IT Properties shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Keller IT Industries must do the following:


Write a demand for arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

Submit the demand in person, by mail, or fax to JAMS. JAMS contact information is available at http://www.jamsadr.com or by calling 1-800-352-5267.

Send one copy of the demand for arbitration to the other party.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Keller IT Industries will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Keller IT Industries will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Colorado, or any other location we mutually agree to, subject to Colorado law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief, declaratory relief, or statutory damages), and must follow these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any award may be entered in any court having proper jurisdiction. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

CLASS WAIVER. YOU AND KELLER IT INDUSTRIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Keller IT Industries agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notification procedures and changes to these Terms. Keller IT Industries may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Keller IT Industries in our sole discretion. Keller IT Industries reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Keller IT Industries is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Keller IT Industries may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Keller IT Properties after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Keller IT Properties. Keller IT Industries is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. In addition, Keller IT Industries may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Keller IT Properties.


Entire agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Keller IT Industries in connection with the Keller IT Properties, shall constitute the entire agreement between you and Keller IT Industries concerning the Keller IT Properties. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.


No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Keller IT Industries’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


FOR QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT US AT:


Keller IT Industries

4530 Morning Mist Dr.

Colorado Springs, CO 80916

CS@Kellerindustries.tech

(719) 287-0523