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 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 firstname.lastname@example.org.
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.
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.