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Welcome to Kabonic.com (“Site”). Kabonic, Kabonic.com (“KABONIC”), its subsidiaries and affiliates, and our family of companies appreciate your interest in this Site. The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of the Site.
1. Introduction PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. Kabonic may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
2. Trademarks The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of KABONIC, or such third party licencors that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Kabonic or such third party licensors that may own the displayed Trademarks.
3. Site Contents and Copyright The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Submissions (as defined below), and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark, third-party licenses and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or re-posted to other websites without our written permission for uses other than those contemplated by this Site. Access to and use of this Site are allowed solely for your personal use of KABONIC services, information, education, entertainment, and communication with KABONIC.
4. User Comments and Other Submissions While KABONIC desires to receive feedback from its website users, please do not send Kabonic any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like with expectation of receiving compensation (“Submission(s)”). KABONIC is under no obligation to use or compensate you for your Submissions. Kabonic will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. 5. License to Use Submissions This Site may provide you with the opportunity to submit user-generated or third-party Submissions in both public and private modes. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit, that your submission of materials will be in compliance with any rules, laws, policies or guideline that apply to local, or state and federal law. 6. No Endorsement or Liability for User-Generated or Third-Party Content Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Kabonic’s endorsement of those Submissions. Kabonic.com is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions, and you are obligated to indemnify Kabonic.com for any third-party claims resulting from the same.
7. Third-Party Links To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with Kabonic.com. Kabonic.com is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
12. Site Updates Kabonic.com undertakes no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Kabonic.com reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
13. Limitations on Liability YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT KABONIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KABONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KABONICS TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($5) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. KABONIC'S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Disclaimer THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” KABONIC.COM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND KABONIC.COM MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO KABONIC EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, KABONIC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. KABONIC.COM RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND KABONIC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
15. Indemnification YOU AGREE TO INDEMNIFY AND HOLD KABONIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TOU. 16. Release ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT KABONIC AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. KABONIC RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE. 17. Termination Kabonic may terminate the TOU at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Site, if, in Kabonic’s sole discretion, you fail to comply with any term or condition of the TOU. 18. Choice of Law and Forum These TOU will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Lake County, Illinois.
19. Notice and Consent to Electronic Communications When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.