Welcome to the “Kuvare.com” Web site (the “Site”), provided and owned by [Kuvare US Holdings, Inc.] (“Kuvare,” “Company,” “we,” or us). These Terms of Use (“Agreement”) contain the terms and conditions upon which you (“you” or “the user”) may access and use the valuable information available through this Site. This Agreement is important and affects your legal rights, so please read them carefully. Kuvare reserves the right to modify this Agreement at any time, under Kuvare’s sole discretion, and such modification will be effective immediately after posting of the modified Agreement. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement. If you do not agree to this Agreement, you may not access or use this Site.
The information and materials (“Materials”) contained on this Site are provided by Kuvare and may be used for informational purposes only. By downloading any of the Materials contained on this Site, you agree to the terms and provisions as outlined in this Agreement. If you do not agree to them, do not use this Site in any way.
1. License
THE CONTENTS OF THIS SITE, INCLUDING ITS “LOOK AND FEEL”
(E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL
CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND
OTHER MATERIAL, ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN
COPYRIGHT, TRADEMARK, AND OTHER LAWS. These contents belong or are
licensed to Kuvare and we hereby grant you the right to view and use
this Site subject to the terms and conditions of this Agreement. You may
download and/or print a copy of the information provided in this Site
for your internal use only. Permission to reprint or electronically
reproduce any document or graphic in whole or in part for any other
purpose is expressly prohibited, unless prior written consent is
obtained from the respective copyright holder(s). You may contact us at
the address indicated at the end of this Agreement. In any event, you
agree not to modify, amend, reduce the size of or in any way obliterate
any warnings, liability limitations, disclosures or notices (including
any copyright or trademark notice) associated with the information.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
WE DO NOT AUTHORIZE OTHER WEB SITES TO LINK TO THIS SITE WITHOUT OUR PRIOR PERMISSION. Please contact us at the address indicated at the end of this Agreement should you wish to effect such a link.
2. Eligibility
The Site is not targeted toward or intended for use by anyone
under the age of 18. By using the Site, you represent and warrant that
you (a) are 18 years of age or older, (b) are a legal resident of the
United States, (c) have not been previously suspended or removed from
the Site, or engaged in any activity that could result in suspension or
removal from the Site, and (d) have full power and authority to enter
into this Agreement and in so doing will not violate any other agreement
to which you are a party.
3. Trademarks
“Kuvare” and the stylized logo under the same name are
trademarks of Kuvare, registered in the U.S. and other countries.
4. Unsolicited IDEA Submission Policy.
Kuvare or any of its employees do not accept or consider
unsolicited ideas, including ideas for business ventures, processes, or
marketing plans. Please do not send any such suggestions. If, despite
our request that you not send us your ideas, you still send them, then
regardless of what your letter says, the following terms shall apply to
your idea submission.
You agree that: (1) your ideas will automatically become the property of Kuvare, without compensation to you, and (2) Kuvare can use the ideas for any purpose and in any way, even give them to others.
5. Privacy
Kuvare respects your personal privacy and the sensitivity of
your corporate information during your visit to our Site. No such
information is being solicited on the Site, especially through the
Contact Us page. Please do not include any personal or confidential
information (other than the requested name and contact information)
through this portal or via email as provided. If any personal
information is provided, Kuvare will delete it. Kuvare makes no further
representations or warranties regarding how such information will be
stored or processed if it is provided contrary to this Agreement.
6. Your Conduct
(a) Notwithstanding anything to the contrary in this
Agreement, using or attempting to use any engine, software, tool, agent,
or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search
this Site other than the search engines and search agents available from
Kuvare on this Site and other than generally available third-party web
browsers (such as Google Chrome, Mozilla Firefox, or Microsoft Internet
Explorer) is prohibited.
(b) You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
7. Warranty Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS.” YOU
EXPRESSLY ACKNOWLEDGE THAT YOUR ACCESS OR USE OF THE INFORMATION IS AT
YOUR SOLE RISK. THE INFORMATION ON THIS SITE MAY BE COMPILED FROM
VARIOUS THIRD-PARTY CONTENT PROVIDERS (“PROVIDERS”). KUVARE AND ITS
PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY
FOR ANY PURPOSE OF PRODUCTS OR SERVICES MENTIONED ON THIS SITE. WE AND
OUR PROVIDERS DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR
ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR
PURPOSE. WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND
INFORMATION MENTIONED OR CONTAINED ON THIS SITE, INCLUDING BUT NOT
LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR ANY FAILURE TO PROVIDE ACCESS TO THE SITE. ALTHOUGH WE OR
OUR PROVIDERS MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME,
PLEASE NOTE THAT CERTAIN INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF
THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR
TYPOGRAPHICAL ERRORS. DATED CONTENT SPEAKS ONLY AS OF THE DATE
INDICATED.
8. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER KUVARE, NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF
LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SITE.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE
AGAINST KUVARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
(INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF
KUVARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR LOSSES OR
DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO USE OF THE SITE.
9. Survivability of Limitation of Liability
NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO
THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE
LIABILITY OF KUVARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF
ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100. IN NO EVENT SHALL
KUVARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL
OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE ARISING OUT OF OR RELATING TO USE OF THE SYSTEM ARE HEREBY
EXCLUDED EVEN IF KUVARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer of Liability for Service Interruption
NEITHER KUVARE, NOR ANY OF ITS AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, OR ANY PROVIDER OR THIRD-PARTY VENDOR WILL
BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE
THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE
SYSTEM, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY
INVOLVED IN MAKING THIS SYSTEM OR THE DATA CONTAINED THEREIN AVAILABLE
TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR
INABILITY TO ACCESS THE SYSTEM OR THESE MATERIALS, WHETHER OR NOT THE
CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL
OF KUVARE OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
11. Third Party Rights
The provisions of paragraphs 8, 9 and 10 apply for the benefit
of Kuvare and its officers, directors, employees, and agents. Each of
these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
12. Right To Terminate
Kuvare shall have the right to terminate your ability to use or access the Site at any time without notice to you.
13. Miscellaneous
(a) You agree that no joint venture, partnership, employment,
or agency relationship exists between Kuvare and you as a result of this
Agreement or your use of the Site.
(b) Any cause of action or claim you may have with respect to Kuvare must be commenced within one (1) year after the claim or cause of action arises.
(c) Kuvare’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Kuvare may assign its rights and duties under this Agreement to any party at any time without notice to you.
14. Governing Law and Forum
This Agreement shall be governed by and construed in
accordance with the laws of the State of Delaware, without regard to its
provisions relating to conflicts of law. You agree that any legal
action or proceeding between Kuvare and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in Delaware,
United States of America. In light of the nature of this Agreement, you
understand and agree that money damages may be insufficient to rectify
breach and that, consequently, Kuvare will be entitled to seek
preliminary and equitable relief upon a breach of the Agreement by you.
15. Entire Agreement
This Agreement comprises the full and final understanding
between you and Kuvare and merges and supersedes any and all other
agreements, understandings or representations, written or oral, with
respect to the subject matter hereof. The Agreement may not be modified
except by a writing (in paper or electronic form) signed by you and by
an authorized representative of Kuvare, and referring specifically to
this Agreement. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
16. Severability
The provisions of this Agreement are severable, and in the
event any provision hereof is determined to be invalid or unenforceable
for any reason, such invalidity or unenforceability shall not in any way
affect the validity or enforceability of the remaining provisions.
17. Notice to You
Kuvare may deliver notice to you under this Agreement by means
of electronic mail, if applicable, or by a general notice on the Site.
18. ANTI-SOLICITATION DISCLAIMER
Nothing on this Site should be construed by you as an attempt
by Kuvare to offer individual or group insurance coverage of any kind or
on behalf of any provider, even if such providers are mentioned on this
Site. Kuvare will not accept or process offers by you, as an individual
or representative of another entity, to obtain insurance coverage. Any
use of this Site for that purpose is strictly prohibited.
19. LIMITED USE DISCLAIMER
Nothing on the Site is a recommendation that you purchase,
sell or hold any security or other investment, or that you pursue any
investment style or strategy. Kuvare does not give any advice or make
any representations through this Site as to whether any security or
investment is suitable to you or will be profitable. Nothing on the Site
is intended to be, and you should not consider anything on the Site to
be, investment, accounting, tax or legal advice. If you would like
investment, accounting, tax or legal advice, you should consult with
your own financial advisors, accountants or attorneys regarding your
individual circumstances and needs. Certain information contained on
this Site constitutes “forward looking statements” that can be
identified by the use of forward-looking terminology such as “may,”
“will,” “should,” “expect,” “anticipate,” “estimate,” “intend,”
“continue,” or “believe” or the negatives thereof or other variations
thereon or comparable terminology. Moreover, actual events are
difficult to project and often depend upon factors that are beyond the
control of Kuvare Holdings and its affiliates. In light of these risks
and uncertainties, there can be no assurance that the information
contained on this Site is now or will prove to be accurate or complete
in any way.
20. Contacting Us
To contact us with any questions or concerns in connection
with this Agreement, or to provide any notices under this Agreement,
please go to Contact Us.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Kuvare through the Contact Us page or through the email address provided on the Contact Us page.
For your notice to be effective, it must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vii) the words “Notice of Infringement” in the subject line.