Kilyx Terms of Use

 

 

Kilyx is pleased to provide you with access to its website (the “Site”). This document (the “User Agreement” or the “Agreement”) is a legal contract that describes the conditions under which users (“you”) are permitted to use the Site. By using the Site, you agree to be bound by this contract. If you do not accept the Agreement, do not use the Site.

 

Scope of License

In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes. In particular, you cannot use the Site to generate revenue or to distribute or redistribute any portion of the Site.

 

The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site.

You may link to the Site as long as the link does not cast us in a false or misleading light. Please inform us if you link to the Site by contacting us at connect@kilyx.com.

 

You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the Kilyx Trademarks or our name without our express written consent.

 

Changes to The Agreement

We may change this Agreement at any time, so we encourage you to review it periodically before using the Site. To assist you in doing this, we will make the most recent version of the Agreement available on the Site, and we will indicate at the bottom of the Agreement the most recent date when it was modified.

 

By continuing to use the Site after we modify the Agreement, you accept the new version of the Agreement. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. If you do not agree to the changes, you should not continue to use the Site and should instead contact us by emailing connect@kilyx.com.

 

Security

In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.

 

Without limitation, you agree not to attempt to:

 

  1. Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
  2. Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  3. Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
  4. Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
  5. Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
  6. Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
  7. Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

 

Copyright

Web Site Materials. Copyright on the Kilyx Site and all materials included in it is owned by or licensed to Kilyx and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Kilyx Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Kilyx Site (including computer programs or other code) (“Site Materials”), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

 

Trademarks

Kilyx, the Kilyx Logo, and any other trademarks on the Kilyx Site are trademarks owned by Kilyx (“Kilyx Trademarks”). You may not use the Kilyx Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

 

Linked Websites and Advertising

As a convenience to users, we may provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material, except to the extent that we otherwise control it.

 

You should be aware that third-party websites are not covered by this Agreement, and we therefore cannot be responsible for the content or practices of any such website, even if it links to the Site or even if the website is operated by a company affiliated or otherwise connected with us.

 

Disclaimer of Warranty; Limitation of Liability

You understand that the Site is provided purely for your entertainment, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

 

IN NO EVENT WILL WE, OUR INVESTORS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE).

 

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

 

ARBITRATION

Any and all disputes relating to this Agreement shall be settled by binding arbitration, by a single arbitrator, in San Francisco, California in accordance with the then current applicable rules of the American Arbitration Association. Judgment on the award by the arbitrator may be entered in any Court having jurisdiction hereof. User does hereby acknowledge and states that by agreeing to arbitration user is giving up/waiving user’s right to a jury trial. Costs of arbitration may be recovered, including but not limited to, reasonable attorney’s fees incurred in arbitration, as presented to the arbitrator by the prevailing party, together with any reasonable attorney’s fees and costs incurred by the prevailing party in Court, and enforcement of the arbitration award after it is rendered by the arbitrator or Court. Said arbitration shall be conducted in the English language and the award rendered in United States dollars.

 

Should one party dismiss or abandon his/her claim or counterclaim before the hearing thereon, the other party shall be deemed the prevailing party pursuant to this Agreement. Should both parties receive judgment or award on the respective claims, the party in whose favor a larger judgment or award is rendered shall be deemed the prevailing party pursuant to this Agreement.

 

At any time after the initiation of the arbitration and not less than ten (10) days prior to the arbitration hearing, any party may serve an offer in writing upon the other party to the action to allow an arbitration award to be made in accordance with the terms and conditions stated in the written offer. If the offer is accepted, the offer, together with written acceptance, shall be submitted to the arbitrator and an award made thereon without further hearing between those parties. If the offer is not accepted, in writing, prior to five (5) days before the hearing or within ten (10) days of service, whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence at the hearing.

 

If the party to whom said written offer fails to obtain a larger monetary judgment that the arbitrator after hearing, the party to whom the offer was made must pay to the offering party the offering party’s costs of arbitration, including but not limited to AAA administrative fees, arbitrators fees and costs of experts necessarily incurred in preparation for the arbitration. If the party required to pay such costs pursuant to this paragraph is the prevailing party, such costs will be deducted from any award of damages to be paid to the offering party.

 

Limitation of Scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Site.

 

No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

 

Last Updated: December, 2017

 

 

 

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