PLEASE READ CAREFULLY
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.