Terms of Use
The following Terms of Use govern the relationship between KS Technologies, Inc. and the
individuals, businesses, and organizations that visit and use its website. KS Technologies, Inc.
will refer to itself in the first person. The users of the website will be referred to in the
second person. KST will refer to the website located at www.KSTechnologies.com as the “Website.”
We expect to update this policy as we offer new services or encounter new circumstances or legal
requirements. You should visit this site often to see any changes that we make. You can review
the most current version of the Terms of Use at any time at:
www.kstechnologies.com/policies
1. Privacy. KST is committed to respecting your privacy and recognizes your need for reasonable
control of personally identifiable information that you share with us. We are taking reasonable
precautions to secure the network, databases and personal information from external and internal
threats or exposure. We will use the information that you give us only as provided in this
section. We may place “cookies” into your computer files in order to make use of the Website
easier. We do not have any additional policies intended to apply specifically to minors. We will
not sell or otherwise release your personally identifiable information to any third party,
except under the following circumstances:
- As needed to process any order placed by you.
- With your express permission.
- If we receive a subpoena or court order, or to establish or exercise our legal rights.
- If we believe it is necessary in order to investigate, prevent, or take action regarding
illegal activities, suspected fraud, situations involving potential threats to the physical
safety of any person, violations of our Terms of Use, or as otherwise required by law.
- If we are acquired by another company, that company will have access to your information.
2. Email Addresses. We are committed to complying with the requirements of the CAN-SPAM Act of
2003. We are taking care and have implemented commercially reasonable practices and procedures
designed to effectively prevent sending a commercial electronic mail messages to anyone who has
let us know that they do not want to receive those messages. In order to opt out of receiving
commercial email messages from us please click here to unsubscribe. If, after 10 business days
you are still receiving commercial email messages from us, please let us know immediately by
sending an email to unsubscribe@kstechnologies.com.
There are no third party beneficiaries to these Terms of Use.
A. These Terms of Use are the entire agreement between you and us relating to the use of the
Website. None of our employees, officers, or agents has the authority to change these terms in
connection for a specific person. These Terms of Use and the relationship between you and us is
governed by the laws of the State of Colorado without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within El
Paso County, Colorado and to initiate any actions regarding these Terms of Use in the courts of
El Paso County. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Website or these Terms of Use must be
filed within one year after such claim or cause of action arose or be forever barred.
B. Notices. Except as specifically provided in these Terms of Use, all notices will be in
writing and sent by email to the address provided by you in connection with your account and to
us at the following email address: notice@kstechnologies.com.
C. Severability. If any provision of these Terms of Use is held to be invalid or unenforceable,
that provision will be eliminated or limited to the minimum extent necessary so that these Terms
of Use will otherwise remain in full force and effect and enforceable in accordance with our
original intent.
1. License. Subject to the terms and conditions set out in this Agreement, KST grants to you a
limited, non-exclusive, license to use the Application and the documentation that may be
provided with the Application or the Device. You do not own the Application. You are only
licensing it from KST. KST may make updates to the Application available to you. Those updates
may contain different features and functionality than the current version of the Application.
This Agreement will govern the use of any updates unless a new license is provided with the
update.
2. Restrictions on Use of Application and Device. You will not copy, distribute or make the
Application
available over a network where it could be used by multiple devices at the same time. You may
not rent,
lend, sell, redistribute or license the Application. You will not: (i) reverse engineer,
decompile or
disassemble any part of the Application or Device or otherwise attempt to derive the source
code,
underlying ideas, algorithms or file formats of the Application or Device; or (ii) distribute,
sell
or otherwise transfer any part of the Application. KST owns and will continue to own all rights,
title and interest to the Application. You will notify KST immediately of any unauthorized
possession
or use of the Application. You may not modify the Application without KST’s prior written
consent,
and no modifications will reduce or change KST’s ownership of the Application.
3. Limited Warranties and Limitations of Liability.
a. Device Limited Warranty. KST warrants that all new Devices sold by KST will perform according
to
the specifications contained in the Owner’s Manual for a period of 12 months following
purchase.
KST’s sole obligation under this warranty will be to provide parts and labor required to
cause
the Device to meet the warranty. KST may, in its sole discretion, replace the Device instead of
making
repairs. KST will pay all shipping costs relating to warranty service. You must supply proof of
purchase
when requesting warranty service, replacement or repairs. You may not return the Device or part
of the
Device without first obtaining a return authorization number. You may request non-warranty
service. All
repairs, replacements, service, and shipping not specifically included in this warranty will be
made
at your sole expense.
b. Limitations Specific to Device Limited Warranty. This warranty extends only to the customer
to whom the Device was originally sold. The warranty does not cover damage or equipment
failure caused by:
- failure to maintain the Device as required by the Owner’s Manual;
- unauthorized service;
- misuse, accident, negligence of anyone other than KST;
- rust or corrosion as a result of the Device’s location;
- unauthorized alterations or modifications.
c. No Warranty on Application. KST makes no warranty about the Application.
d. Other Limitations on Warranty and Liability.
The express warranties provided in this Agreement constitute KST’s entire obligation
to you and are in lieu of any other warranties, which are disclaimed to the maximum extent
permitted by applicable law. The Application and, except for the limited warranties provided
above, the Device are provided “as is”, with all faults and without warranty of any kind. KST
does not warrant that your use of the Application or Device will be uninterrupted or error-free.
KST disclaims all other warranties, express or implied, including but not limited to warranties
of
merchantability, fitness for a particular purpose, and non-infringement.
In no event will KST be liable for any indirect, special, incidental, punitive, or consequential
damages, including, but not limited to, loss of profits and/or loss of business, arising out of
or resulting from use of the Application or the Device or its failure to meet the terms of this
warranty, even if KST has been advised of the possibility of such damages.
The total purchase price paid by you will be an absolute cap on the amount of damages for which
KST will be liable under any and all circumstances and any and all theories of law, claims or
actions.
You may have other rights, which vary from state and jurisdiction.
5. Termination. KST may terminate your license to the Application at any time if you fail to
follow the terms of this Agreement.
6. Miscellaneous.
a. Complete Agreement and Amendments. This Agreement is the entire Agreement between KST and
you relating to the topics covered in this Agreement. No amendments, modifications or
supplements
to this Agreement will be binding unless in writing and signed by an executive officer of KST.
No
one is authorized to change, extend or enlarge the warranties contained in this Agreement. No
one
is authorized to reduce or suspend the restrictions on the limitations on the warranties
or KST’s liability.
b. Choice of Law, Jurisdiction, and Venue. This Agreement will be construed pursuant to the
laws of the State of Colorado, without regard to conflicts of laws provisions thereof. The
state courts for El Paso County, Colorado will have exclusive jurisdiction and venue over any
dispute arising under or concerning this Agreement. You grant those courts personal jurisdiction
over you for any litigation relating to this Agreement.
c. Severability. If any provision of this Agreement is held to be invalid or unenforceable, that
provision will be eliminated or limited to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect and enforceable in accordance with the
parties’ original intent.