iKits website Terms of use
These Terms and Conditions of Use (the “Terms of Use”) apply to the iKits web site located at www.ikits.com, and all associated sites linked to www.ikits.com by ikits, its subsidiaries and affiliates, including iKits sites around the world (collectively, the “Site”). The Site is the property of iKits Inc. (“iKits”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
iKits reserves the right, at its sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply with
these Terms of Use, iKits grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces,
visual interfaces, photographs, trademarks, logos, sounds, music, artwork and
computer code (collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and
arrangement of such Content, contained on the Site is owned, controlled or
licensed by or to iKits, and is protected by trade dress, copyright, patent and
trademark laws, and various other intellectual property rights and unfair
competition laws.
Except as expressly provided in these
Terms of Use, no part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”) to any other
computer, server, Web site or other medium for publication or distribution or
for any commercial enterprise, without iKits’s express prior written consent.
You may use information on IKits
products and services (such as data sheets, knowledge base articles, and
similar materials) purposely made available by IKits for downloading from the
Site, provided that you (1) not remove any proprietary notice language in all
copies of such documents, (2) use such information only for your personal,
non-commercial informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media, (3) make no
modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic device, program, algorithm
or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the Site. IKits
reserves the right to bar any such activity.
You may not attempt to gain unauthorized
access to any portion or feature of the Site, or any other systems or networks
connected to the Site or to any IKits server, or to any of the services offered
on or through the Site, by hacking, password “mining” or any other illegitimate
means.
You may not probe, scan or test the
vulnerability of the Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network connected to the
Site. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to the Site, or any other customer of iKits, including
any iKits account not owned by you, to its source, or exploit the Site or any
service or information made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as
provided for by the Site.
You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or IKits’s systems or networks, or any systems or
networks connected to the Site or to IKits.
You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site or any transaction being conducted on the Site, or with any
other person’s use of the Site.
You may not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message or
transmittal you send to IKits on or through the Site or any service offered on
or through the Site. You may not pretend that you are, or that you represent,
someone else, or impersonate any other individual or entity.
You may not use the Site or any Content
for any purpose that is unlawful or prohibited by these Terms of Use, or to
solicit the performance of any illegal activity or other activity which
infringes the rights of IKits or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may
apply to purchases of goods or services and to specific portions or features of
the Site, including contests, promotions or other similar features, all of
which terms are made a part of these Terms of Use by this reference. You agree
to abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate in such
service or feature. If there is a conflict between these Terms of Use and the
terms posted for or applicable to a specific portion of the Site or for any
service offered on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific service.
iKits’s obligations, if any, with regard
to its products and services are governed solely by the agreements pursuant to
which they are provided, and nothing on this Site should be construed to alter
such agreements.
iKits may make changes to any products
or services offered on the Site, or to the applicable prices for any such
products or services, at any time, without notice. The materials on the Site
with respect to products and services may be out of date, and iKits makes no
commitment to update the materials on the Site with respect to such products
and services.
Each of these policies may be changed
from time to time and are effective immediately upon posting such changes on
the Site.
Accounts, Passwords and Security
Certain features or services offered on
or through the Site may require you to open an account (including setting up an
iKits ID and password). You are entirely responsible for maintaining the
confidentiality of the information you hold for your account, including your
password, and for any and all activity that occurs under your account as a
result of your failing to keep this information secure and confidential. You
agree to notify iKits immediately of any unauthorized use of your account or password,
or any other breach of security. You may be held liable for losses incurred by iKits
or any other user of or visitor to the Site due to someone else using your iKits
ID, password or account as a result of your failing to keep your account
information secure and confidential.
You may not use anyone else’s iKits ID,
password or account at any time without the express permission and consent of
the holder of that iKits ID, password or account. iKits cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
Privacy
iKits’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view iKits’s Privacy Policy, click here http://www.ikits.com/article/content/201510/70/1.html
Additionally, by using the Site, you
acknowledge and agree that Internet transmissions are never completely private
or secure. You understand that any message or information you send to the Site
may be read or intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the iKits Site
This Site may contain links to other
independent third-party Web sites (“Linked Sites”). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked Sites are not
under iKits’s control, and iKits is not responsible for and does not endorse
the content of such Linked Sites, including any information or materials
contained on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Disclaimers
IKITS DOES NOT PROMISE THAT THE SITE OR
ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE
SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON
AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT
TO CHANGE WITHOUT NOTICE. IKITS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. IKITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IKITS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO
YOUR USE OF THE SITE AND/OR ANY IKITS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IKITS
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR
ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN
THE PARTIES.
The above disclaimer applies to any
damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract,
tort, negligence or any other cause of action.
IKits reserves the right to do any of
the following, at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the operation of the Site,
or any portion of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Indemnity
You agree to indemnify and hold IKits,
its officers, directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless from any demands,
loss, liability, claims or expenses (including attorneys’ fees), made against IKits
by any third party due to or arising out of or in connection with your use of
the Site.
Violation of These Terms of Use
IKits may disclose any information we have
about you (including your identity) if we determine that such disclosure is
necessary in connection with any investigation or complaint regarding your use
of the Site, or to identify, contact or bring legal action against someone who
may be causing injury to or interference with (either intentionally or
unintentionally) iKits’s rights or property, or the rights or property of
visitors to or users of the Site, including iKits’s customers. iKits reserves
the right at all times to disclose any information that IKits deems necessary
to comply with any applicable law, regulation, legal process or governmental
request. iKits also may disclose your information when IKits determines that
applicable law requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree that iKits may
preserve any transmittal or communication by you with iKits through the Site or
any service offered on or through the Site, and may also disclose such data if
required to do so by law or IKits determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2)
enforce these Terms of Use, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property or personal safety of
IKits, its employees, users of or visitors to the Site, and the public.
You agree that iKits may, in its sole
discretion and without prior notice, terminate your access to the Site and/or
block your future access to the Site if we determine that you have violated
these Terms of Use or other agreements or guidelines which may be associated
with your use of the Site. You also agree that any violation by you of these
Terms of Use will constitute an unlawful and unfair business practice, and will
cause irreparable harm to iKits, for which monetary damages would be
inadequate, and you consent to IKits obtaining any injunctive or equitable
relief that IKits deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies IKits may have at law or in
equity.
You agree that iKits may, in its sole
discretion and without prior notice, terminate your access to the Site, for
cause, which includes (but is not limited to) (1) requests by law enforcement
or other government agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected technical issues or
problems.
If iKits does take any legal action
against you as a result of your violation of these Terms of Use, iKits will be
entitled to recover from you, and you agree to pay, all reasonable attorneys’
fees and costs of such action, in addition to any other relief granted to IKits.
You agree that IKits will not be liable to you or to any third party for
termination of your access to the Site as a result of any violation of these
Terms of Use.
Governing Law; Dispute Resolution
These terms and conditions will be governed by and construed
in accordance with US law, and any disputes relating to these terms and
conditions will be subject to the exclusive jurisdiction of the courts of
California
Feedback and Information
Any feedback you provide at this site
shall be deemed to be non-confidential. IKits shall be free to use such
information on an unrestricted basis.