These terms and conditions govern the use of our websites,
social media sites and handles, email, and other online services or when you
otherwise interact with Konnectere (the “Company”,
“We”, “Seller”) and the purchasing of products from our website (collectively,
the “Services”). By using the Company’s Services, you agree to follow and be
bound by these conditions. Please read them carefully.
As a user of the website or services you may be asked to register
with us when you do so you will choose a user identifier as well as the
password you may also provide personal information including but not limited to
your name you are responsible for ensuring the accuracy of this information
this identifying information will enable you to use the website and services.
AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO
WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER
SUBJECT MATTER RELATING TO ITS SERVICES AND GOODS AND DISCLAIMS WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH
RESPECT TO ANY AND ALL OF THE FOREGOING.
Limitation of Liability
Seller or any affiliate of Seller shall not be liable under any
circumstance to Buyer or any other party for any special, consequential,
incidental or exemplary damages arising out of or in any way connected with the
goods purchased by Buyer from Seller or otherwise, including but not limited to
damages for lost profits, loss of the goods or any associated equipment, cost
of capital, cost of substitute or replacement equipment, facilities or
services, down time, Buyer’s time, lost data, injury to property or any damages
or sums paid by Buyer to third parties, even if Seller or any of Seller’s
affiliates have been advised of the possibility of such damages. The foregoing
limitation of liability shall apply whether any claim is based upon principles
of contract, warranty, negligence, or other tort, breach of any statutory duty,
principles of indemnity or contribution, the failure of any limited or
exclusive remedy to achieve its essential purpose, or otherwise.
In no event shall Seller or any affiliate of Seller be liable to Buyer
or any other party for loss, damage, or injury of any kind or nature arising
out of or in connection with these terms and conditions in excess of the net
purchase price of the goods actually delivered to and paid for by Buyer hereunder.
Seller disclaims any warranties of non-infringement with respect to
the goods and none of Seller or any affiliate of Seller shall have any duty to
defend, indemnify, or hold harmless Buyer from and against any or all damages
or costs incurred by Buyer arising from the infringement of patents or
trademarks or violation of copyrights by any of the goods or Services.
You agree to defend, indemnify and hold harmless the Company, its affiliates, representatives,
agents or any related parties from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable attorneys’ fees and costs,
arising out of or in any way connected with your access to or use of the
Company’s website or its products.
All proprietary content available on any of the Company’s Services,
including but not limited to videos, text, designs, graphics, data, code, and
software, is the property of the Company or its licensors and is protected by
copyright, trademark, patent, trade secret and other intellectual property law.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish,
broadcast, or circulate the content received through any of the Company’s
Services to anyone.
Third Party Services
Company’s Services may include hyperlinks or directions to access content on
third-party websites, applications, or other services that are not under the
control of the Company. The Company does not control, oversee or endorse any
third-party services that may be accessed through the Company’s Services. The
Company is not responsible or liable for any injury caused by use of any
third-party service and each third-party service may be governed by their own
Terms and Conditions. It is the responsibility of each user to ensure they are
in compliance with such Terms and Conditions.
Seller shall be excused from performance, including proper delivery
of purchased goods under these Terms and Conditions if it is unable to perform
due to fire, earthquake, labor disputes of third parties, acts of God or public
enemy, war, civil or disorder to the extent that such event is beyond such
party’s control (collectively, “Force Majeure Event”).
arising from these Terms and Conditions or from the use of any of the Company’s
Services will be resolved through binding arbitration which means you agree to
waive your right to a trial by jury in any action or proceeding relating to any
and all claims you may have against the Company, its affiliates,
representatives, agents or any related parties.
Applicable Law and Jurisdiction
disputes arising hereunder, including the validity and construction of these
Terms and Conditions, shall be governed by and interpreted in accordance with
the laws of the State of California, without reference to choice
of law principles. In addition, any dispute arising from these Terms and
Conditions or the products purchased hereunder shall be resolved through legal
proceedings, whether state, federal, or otherwise, conducted in the state of California.
The Company makes no representation that content or materials relating
to the Company’s Services are appropriate or available for use in jurisdictions
outside the United States. Access to the Company’s Services from jurisdictions
where such access is illegal is prohibited. If you choose to access the Company’s
Services from other jurisdictions, you do so on your own initiative and are
responsible for compliance with applicable local laws. The Company is not
responsible for any violation of law. You may not use or export the content or
materials relating to the Company’s Services in violation of U.S. export laws
and regulations. You agree that the Company’s Services and these Terms and Conditions
shall be interpreted and governed in accordance with federal law and, to the
extent not preempted by federal law, with the laws of the state where the
Company maintains your purchase information (the “Account”), or, if the Company
transfers your Account to another location, where the Company currently
maintains your Account. The Company’s Services shall be deemed passive services
that do not give rise to personal jurisdiction over the Company, either
specific or general, in jurisdictions other than the states covered by the
preceding sentence. You agree and hereby submit to the exclusive personal
jurisdiction of the state and federal courts located where the Company
maintains your Account, or, if the Company transfers your Account to another
location, where the Company currently maintains your Account. You further agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States and the country in which you reside (if
different from the United States).
Individuals under the age of 16 are not eligible to use the Company’s
Services or products and we ask that they do not submit any personal
information to us.
Information that the Company publishes in
the website may contain references or cross-references to products, programs or
services of the Company or affiliates that are not necessarily announced or
available in your area. Such references do not mean that the Company will
announce any of those products, programs or services in your area at any time
in the future. You should contact the Company for information regarding the
products, programs and services that may be available to you, if any.
fact-finding entity (i.e., court, arbitrator) finds a provision or part of a
provision in these Terms and Conditions unenforceable, the remainder of these
Terms and Conditions remain effective.
Change of Terms and Conditions
Company may change these Terms and Conditions without notice. Any change to
these Terms and Conditions is effective upon the Company’s posting of such
updated Terms and Conditions to its website or online applications. Your
continued use of the Company’s Services after the posting of updated Terms and
Conditions will be considered your acceptance of the changes. We recommend that
you occasionally check the Company’s website to inform yourself of any changes in
these Terms and Conditions and stay apprised of any other policies that may be
applicable. You are solely responsible for reviewing and becoming familiar with
any modifications to these Terms and Conditions.
Changes in the Website,
The Company may modify, suspend, discontinue or restrict the use of
any portion of the Company’s website, including the availability of any materials,
software, content or documentation relating to the Company’s website, at any
time and without notice or liability.
The Company reserves the right in its sole and
absolute discretion to terminate your account, membership or subscription with Konnectere. The Company also reserves the right to restrict
your access to Konnectere’s online applications and
services. Konnectere may exercise these reserved
rights for any reason, without prior notice and without liability to you or