Terms of Use
Use of Content
Legal Disclosures
Copyright Notice / Trademarks / IP
TERMS OF USE
Welcome to the KomBea Corporation web site (the "Site"). Please
read the following terms carefully before using the Site. BY ACCESSING
OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND
AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS
AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS.
IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT
THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON YOUR EMPLOYER'S BEHALF.
IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THIS SITE.
Areas of this Site may have different terms of use posted. If there
is a conflict between these Terms of Use and any other terms posted
for a specific area of the Site, the latter terms will take precedence
with respect to your use of that area of the Site.
For purposes of this Site, the terms "KomBea," "we,"
or "us" will refer to KomBea Corporation., while the terms
"you" and "your" will refer to all individuals and/or
entities accessing this Site for any reason.
Condintional Use
Use of this Site is expressly governed by the terms, conditions,
disclaimers, limitations of liability and other qualifications (collectively,
the "Conditions of Use") set forth below. By using this Site,
you accept all of the Conditions of Use and assume all of the risk associated
with the use or attempted use of the information. You warrant to KomBea
that you will not use this Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You agree KomBea
has no obligation to monitor any communication facilities, such as user
forums, this Site may contain. You agree that KomBea may at any time,
without notification, in its sole discretion, delete or remove any content
on the Site that it deems to be inappropriate. KomBea? reserves the
right to terminate your access at any time without notice for any reason
whatsoever.
KomBea may revise these Conditions of Use at any time by updating this
posting. You should visit this page from time to time to review the
then current Conditions of Use because they are binding. Certain provisions
of these Conditions of Use may be superseded by expressly designated
legal notices or terms located on particular pages at this Site. If
you have any questions about this legal policy, please contact us via
US mail at:
Legal Department
KomBea Corporation
796 E. Pacific Drive, Suite C
American Fork, UT 84003
USE OF CONTENT
Applicable Laws
This site is controlled by KomBea from its offices within the
United States of America. KomBea makes no representation that materials
in the site (the Materials) are appropriate or available for use in
other locations, and access to them from territories where their content
is illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with applicable local laws. You may not use or export the
Materials in violation of U.S. export laws and regulations. All matters
relating to your access to, and use of, the Site shall be governed by
U.S. federal law or the laws of the State of Utah (without regard to
conflict of law principles). Any legal action or proceeding relating
to your access to, or use of, the Site shall be instituted in a state
or federal court in Utah County or Salt Lake County, Utah. You and KomBea
agree to submit to the jurisdiction of, and agree that venue is proper
in, these courts in any such legal action or proceeding.
Cookies
Portions of this website may use cookies to keep track of your
visit, or to deliver content specific to your interests. A "Cookie"
is a small amount of data transferred to your browser and read by the
Web server that placed it there. It works as a sort of identification
card, recording your preferences and previously entered information.
You can set your browser to notify you when you receive a cookie, giving
you the chance to accept or reject it.
Links to Other Sites
This Site may contain links to other web sites operated by
third parties. Such links are provided for your convenience only. You
agree KomBea does not control such web sites, and is not responsible
for their contents. You also agree KomBea's inclusion of links to such
web sites does not imply any endorsement of the material on such web
sites or any association with their operators. KomBea reserves the right
to terminate any link or linking program at any time. If you decide
to access any of the third party sites linked to this Site, you do this
entirely at your own risk and that you are responsible for any loss
or damage of any sort you may incur from dealing with any third party.
Limited Linking License for Other Sites and Other Uses
Commercial and other web sites may include a link to this Site
(www.kombea.com), so long as any such link satisfies all six (6) of
the following requirements:
1. Resolves to KomBea's homepage at www.kombea.com.
2. Indicates clearly that the link will lead to the web site of "KomBea
Corporation."
3. Does not falsely represent or suggest any relationship between the
linking site and KomBea (including suggestions of affiliation, endorsement,
or sponsorship).
4. Delivers KomBea's content outside of a framed or in-line linked environment.
5. Maintains the integrity of KomBea's content, layout, and look and
feel.
6. Delivers users to the KomBea Site, unaltered, unmodified, unadulterated
in any way by the linking site.
This limited license does not allow the framing of KomBea's content
in any way, including but not limited to referencing "KomBea"
as a metatag, that may create confusion among users with respect to
sponsorship or affiliation.
Passwords and Security
You are responsible for maintaining the confidentiality of
any password(s) you are given to access the Site, and are fully responsible
for all activities that occur under your password(s). You agree to notify
KomBea immediately of any unauthorized use of your password(s).
Use, Public and Private Communications
KomBea may offer or offers through this Site bulletin board
and/or communication facilities (collectively, "Communication Facilities"),
you agree to use the Communication Facilities only to send and receive
messages and material that are proper and related to the particular
forum. By way of example, and not as a limitation, you agree that when
using the Communication Facilities, you will not post or transmit any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including but not limited
to material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. You further agree not
to upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or has received all necessary
consents. Nor will you upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another's computer, falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a
file that is uploaded. KomBea reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in KomBea's
sole discretion. You acknowledge that all Communication Facilities are
public and not private communications and that your communications may
be read by others without your knowledge. KomBea does not control or
endorse the content, messages or information found in any Communication
Facilities and, therefore, KomBea specifically disclaims any liability
with regard to the Communication Facilities and any actions resulting
from your participation in any Communication Facilities. By posting
messages, uploading files, inputting data, or engaging in any other
form of communication through this Site, you are granting KomBea permission
to use, modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sublicense, create derivative works from,
transfer, or sell any such communication and to sublicense to third
parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication. The foregoing grants shall
include the right to exploit any proprietary rights in such communication,
including but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction.
Solicitation
As a user of this Site you agree not to send, post or transmit
advertising, promotional material, or other forms of solicitation to
other Users, conduct or forward surveys, contests, pyramid schemes or
chain letters.
DMCA
The Digital Millennium Copyright Act of 1998 (the DMCA) provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by KomBea infringe your
copyright, you (or your agent) may send us a notice requesting that
the material be removed, or access to it blocked. If you believe in
good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send KomBea a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices
and counter-notices with respect to the Site should be sent to KomBea
Corporation, 796 E. Pacific Drive, Suite C, American Fork, Utah 84003.
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for false
claims under the DMCA.
LEGAL DISCLOSURES
Legal Disclaimers:
THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. KOMBEA EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. KOMBEA MAKES NO WARRANTY THAT (A) THE SITE WILL
MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH
THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
KOMBEA AND ITS SUPPLIERS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES
TO THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL KOMBEA OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE
OR BUSINESS INTERRUPTION) INCURRED BY YOU OR ANY THIRD PARTY ARISING
FROM OR RELATED TO THE USE, INABILITY TO USE, OR THE TERMINATION OF
THE USE OF THE SITE OR MATERIALS CONTAINED THEREIN, REGARDLESS OF THE
FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE) EVEN IF KOMBEA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. Some jurisdictions do not allow the limitation or exclusion
of liability so some of the above limitations may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless KomBea, its
officers, directors, employees and agents from and against any and all
claims, liabilities, damages, losses or expenses, including settlement
amounts and reasonable attorneys' fees and costs, arising out of or
in any way connected with your access to or use of the Site. You agree
to seek and obtain written permission from KomBea before agreeing to
settle any claim.
Export Restrictions/Legal Compliance
KomBea makes no representation that the Site is appropriate or available
for use outside the U.S. You agree not to access, download, use or export
the Site, or the content, software, products or services provided on
the Site, in violation of U.S. export laws or regulations, or in violation
of any other applicable laws or regulations. You agree to comply with
all export laws and restrictions and regulations of any United States
or foreign agency or authority, and not to directly or indirectly provide
or otherwise make available the services and products of KomBea in violation
of any such restrictions, laws or regulations, or without all necessary
approvals. As applicable, you shall obtain and bear all expenses relating
to any necessary licenses and/or exemptions with respect to your own
use of the KomBea services outside the U.S. Neither the services of
KomBea nor the underlying information or technology may be downloaded
or otherwise provided or made available, either directly or indirectly,
to any other country subject to U.S. trade sanctions, to individuals
or entities controlled by such countries, or to nationals or residents
of such countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department's Table of Denial
Orders. By agreeing to these Conditions of Use, you agree to the foregoing
and represents and warrants that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
Errors and Omissions
Although KomBea has attempted to ensure the accuracy of the
information contained in this Site, KomBea disclaims all responsibility
and liability for typographical errors or technical inaccuracies. In
the event a product is listed at an incorrect price due to typographical
errors or error in pricing information received from our suppliers,
KomBea shall have the right to refuse or cancel any such orders whether
or not such order has been confirmed and you have been charged for such
order.
COPYRIGHT NOTICE / TRADEMARKS / IP
Software Available On This Web Site
Any software and accompanying documentation that is made available to
download from this Site (collectively, "Software") is the
copyrighted work of KomBea and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement which you
have previously entered or which accompanies or is included with the
Software ("License Agreement"), whichever is the more recent.
You must read the License Agreement and indicate your agreement to its
terms before installing or using the Software. Please note that all
Software, including without limitation all HTML contained in this Web
site, is owned by KomBea and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any use, reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Documents
You may download, view, copy and print documents (such as white
papers, press releases, datasheets, and FAQs) ("Documents")
from the Site subject to the following (a) the Documents may be used
solely for personal, informational, non-commercial purposes; and (b)
the Documents may not be modified or altered in any way. Except where
your use constitutes "fair use" under copyright law, you may
not use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any Documents from this
Site in whole or in part without the express authorization of KomBea.
Trademarks
The KomBea name and KomBea product names referenced in this
Site are either registered trademarks or trademarks of KomBea Corporation.
All third party trademarks, trade names, service marks and logos appearing
on this Site are the property of their respective owners.
Copyright Notice
The documentation, software, and other materials contained
at this web site are owned and copyrighted by KomBea Corporation. Copyright
2003 - 2007 KomBea Corporation. All rights not expressly granted herein
are reserved.