Conditions of Use

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Terms and Conditions of Use

By accessing, browsing and/or using the pages in this Website, you agree to these Terms and Conditions of Use.  If you do not agree, do not access, browse, or use this Site, or download any part of the Site or the materials provided herein. If you are currently a party to a formal purchase agreement with Komptec Air Systems Inc. or any of its affiliates (such as an industrial distribution agreement or a master purchase agreement), the terms and conditions of that agreement will supersede any terms and conditions of this Site to the extent there is any inconsistency.

RESTRICTIONS ON USE

The materials published in this website, http://www.komptec.com / (the "Site"), and any other World Wide Web site owned, operated, licensed, or controlled by Komptec Air Systems Inc. ("Komptec") or any of its related, affiliated, or subsidiary companies (collectively, the "Materials"), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Komptec or its related, affiliated, or subsidiary company or companies, as the case may be.  You may, however, download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark, or other proprietary notices; and, provided further, you do not copy or post the Materials on any network computer or distribute the Materials in any media. You may only use the Materials posted on this Site for lawful purposes.

USER IDS AND PASSWORDS

You will be solely responsible for the maintenance and security of your login identifier and password, if any. Your login identifier and password are unique to you, and you agree not to disclose or share your login identifier and/or password with any third party. Komptec reserves the right to deny or revoke access to this Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Site will terminate upon the termination of this Agreement for any reason.

DISCLAIMER

THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. KOMPTEC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. KOMPTEC DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KOMPTEC DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOMPTEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY, OR OTHERWISE. YOU (AND NOT KOMPTEC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

DISCLAIMER OF LIABILITY

KOMPTEC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. KOMPTEC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT OR TORTIOUS ACTION, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY KOMPTEC OR BY AN AUTHORIZED KOMPTEC REPRESENTATIVE, OR AN AUTHORIZED KOMPTEC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. KOMPTEC'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO KOMPTEC, IF ANY, TO ACCESS THIS SITE.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Komptec through this Site (together, the "Submissions") will forever be the property of Komptec or any of its related, affiliated or subsidiary companies and you waive all of your rights, including, but not limited to, moral rights, therein if applicable. Except as described in our Privacy Policy, Komptec or any of its related, affiliated or subsidiary companies will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Komptec operations. Without limitation, Komptec or any of its related, affiliated or subsidiary companies will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. Except as noted below in the last paragraph of this section, Komptec or any of its related, affiliated or subsidiary companies will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions.

Your Submission, including personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of any Submission and agree to defend (at Komptec's option and at your sole expense), indemnify and hold Komptec or any of its related, affiliated or subsidiary companies harmless from any damages, losses, costs, or expenses, including, without limitation, attorneys' fees, which Komptec or any of its related, affiliated or subsidiary companies may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions or access to your Komptec account. Komptec retains the right to review, edit, or delete from this Site any Submission which Komptec in its sole discretion considers illegal, offensive, or otherwise inappropriate. You are solely responsible for maintaining and keeping secure your Komptec account information.

TRADEMARK INFORMATION

KOMPTEC and TECAIR are registered trademarks of Komptec in the United States, and some are registered in other countries. All other Komptec trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Komptec or its affiliates or licensors. In countries where any of the Komptec trademarks, service marks, domain names, logos and company names are not registered, Komptec claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Komptec or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact Komptec by sending an e-mail to info@komptec.com to request written permission to use Materials on this Site for purposes other than as stated in the Terms and Conditions or for all other questions relating to this Site.

LINKS

At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of Komptec. Komptec does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Komptec provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Komptec.

There may be circumstances where access to this Site is provided by a hypertext link located at another site. Komptec has no responsibility for the content of such other sites, Komptec does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and Komptec shall not be liable for any damages or injury arising from the content of or access to these other sites. Komptec does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by Komptec, you agree not to: (a) provide or create a link to this Site; or (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of Komptec.

TERMINATION

Komptec or you may terminate this Agreement at any time. You may terminate this Agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon Komptec's request, certify in writing that all Materials have been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.

GOVERNING LAW; JURISDICTION

These Terms shall be construed in accordance with the laws of California, without regards to the conflict of law principles thereof.  If either party commences an action against the other to interpret or enforce these Terms or as a result of a breach by the other party of any of any of its terms, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in connection therewith. 

WAIVER

No delay or omission by Komptec to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Komptec of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement contained herein.

MODIFICATIONS TO TERMS AND CONDITIONS

Komptec can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and supersede and replace any prior agreement between the parties, except as otherwise set forth above. In the event you browse, access or use another site hosted by Komptec or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such site.