KOTA Terms and Conditions
Your access and use of this web site (kotasolutions.com) is subject to the following terms and conditions. When you access, browse or use this Site, you accept, without limitation or qualification, the Terms and Conditions set forth below. Please do not use this Site if you do not agree to these Terms and Conditions. KOTA reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become effective immediately upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the current Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any materials downloaded or printed from this Site.
Copyright Notice: KOTA owns or licenses all content on this Site. The Content on this Site is copyrighted or trademarked. Any unauthorized use of the Content may violate U.S. copyright law, international conventions, the laws of privacy and publicity, communications regulations and statutes, and other laws. You may view and download the Content only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You must not distribute, reproduce, publicly display, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, software, audio or video, for any business, commercial or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.
Trademarks: KOTA trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to KOTA (collectively, the Trademarks) displayed on the Site, are registered and unregistered marks of KOTA as the case may be. All other trademarks, trade names, product names, service marks and all other non-KOTA marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of KOTA or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on this Site, or any other content on the Site is strictly prohibited.
Other than personal information, which is described and covered in the KOTA Online Privacy Statement, any material, information or other communication you send or post to this Site will be considered non-confidential and non-proprietary (Communication). KOTA will have no obligations with respect to the Communication. KOTA and its designees have the right to edit, alter, broadcast, post, publish, copy, disclose, distribute, incorporate and otherwise use the Communication and images, sounds, text, and other things embodied therein for any and all commercial purposes throughout the world in any medium. Furthermore, KOTA is free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Communication for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree that KOTA has no obligation to use any idea or material contained in a Communication and you have no right to compel such use. You are prohibited from posting or otherwise transmitting to or from this Site unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that may violate any law.
Internet transmissions are never completely private or secure. You understand that any Communication that you send to this Site may be read or intercepted by others unless there is a special notice that a particular message is encrypted. Sending a Communication to KOTA does not cause KOTA to have any special responsibility to you.
LINKS TO OTHER WEB SITES
This Site may contain links to other web sites. KOTA provides such links for your convenience only. KOTA does not endorse, approve, or sponsor any site linked to or from this Site and is not responsible for their content. KOTA disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is entirely at your own risk.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on this Site are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location. You may not use, export, or re-export the Content, Software, products or services on this Site in violation of any applicable laws or regulations, including, without limitation, United States exports laws and regulations.
Site information regarding KOTA products and services, including their availability, appearance, price and specifications are subject to change without notice. Such information will not constitute a representation, warranty or other commitment by KOTA with respect to any product or service and KOTA hereby disclaims all warranties, express or implied, as to the accuracy suitability for any purpose or completeness thereof.
Your use and browsing of the site is at your risk. This site (including all content and functions made available on or accessed through this site) is provided as is. to the fullest extent permissible by law, with regard to the content on this site, KOTA makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or available through the site, (2) that the server that makes this site available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the site.
Under no circumstances, including but not limited to KOTAs negligence, will KOTA, or any other party involved in creating, hosting or delivering the site, be liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to, or use of, the site, or of any web site referenced or linked to from this site, even if KOTA has been advised of the possibility of such damages. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. KOTA also assumes no responsibility, and will not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of, or browsing in the site, or your downloading of any materials, data, text, images, video, or audio from the site. In no event shall KOTAs total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the site.
You agree to indemnify, defend and hold KOTA and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively Indemnified Parties) harmless from and against any and all liability and costs (including, without limitation attorneys fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on KOTAs defense of any such claim. KOTA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of KOTA.
This Site is administered by KOTA from its offices in New York, United States America and is intended for use by residents of the United States of America only. These Terms and Conditions are governed and interpreted under the laws of the State of New York, United States of America, without giving any effect to principles of conflicts of law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the federal or state courts of New York and you irrevocably agree to submit to the jurisdiction of such courts.
These Terms and Conditions and those found in the KOTA Online Privacy Statement set forth the entire understanding and agreement between you and KOTA with respect to the Site. You acknowledge that any other agreements between you and KOTA with respect to the Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.