Terms and Conditions
Terms and Conditions
Please read these terms and conditions carefully. By accessing this website, you agree to be bound by these terms and conditions, including the warranty disclaimers, limitations of liability and termination provisions. These terms and conditions are subject to change. Any changes will be incorporated into the terms and conditions posted to this website from time to time, and any access of this website by you after such changes are so posted shall be deemed your agreement to such changes. If you do not agree with these terms and conditions, please do not access this website.
These Website Terms and Conditions (“Terms”) only apply to the use of certain websites which are owned and/or operated by or on behalf of KopenTech LLC (“KopenTech”) (each, the “Site”, and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein. For the avoidance of doubt, these Terms apply to at least the following Sites: www.kopentech.com and all subdomains.
When we refer to “KopenTech,” “we,” “us,” or “our,” we mean KopenTech LLC or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
KopenTech makes this Site available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to the Terms, you are not authorized to access, browse or otherwise use this Site. In addition, KopenTech, in its discretion, may limit or block your use this Site or any of its Sites. In the event of any such limitation or termination, the restrictions on your use of the material on the Sites shall survive such limitation or termination, and you agree to be bound by those terms.
Intellectual property and restrictions on use of information and content
All information and content provided on this Site, whether explicitly marked or not, are the property of KopenTech, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Site. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by KopenTech, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of KopenTech. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by KopenTech is strictly prohibited. Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of KopenTech or any third party. You are not permitted to create a hyperlink to any page or portion of this Site or frame any page or portion of this Site without the prior written permission of KopenTech. Any use of the information, content or Marks provided on this Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
All information is not to be construed as a recommendation, an offer to buy or sell, the solicitation of an offer to buy or sell or the solicitation to enter into any transaction respecting any security or financial instrument. Any security, financial instrument or service mentioned herein may not be suitable or appropriate for you or your customers.
Terms specific to ecommerce-enabled/trading sites
In order to access any sites enabling you to enter orders or conduct transactions on the KopenTech AMR or KopenTech BWIC platforms, you will need to execute the appropriate agreement with KopenTech and register on such site. International Use KopenTech makes no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third party sites throughout the World Wide Web. KopenTech has no control over these sites or the content within them. KopenTech cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. KopenTech does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against KopenTech for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at email@example.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of KopenTech. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling KopenTech products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in KopenTech’s sole discretion, and without prior notice, we may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of KopenTech, another User, or the law or breach of Subscriber Agreement. You agree that monetary damages may not provide a sufficient remedy to KopenTech for violations of these Terms and you consent to injunctive or other equitable relief for such violations. KopenTech may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. KopenTech is not required to provide any refund to you if you are terminated as a User because you have violated these Terms. KopenTech is not responsible for the products, services, actions or failure to act of any third party referenced on the Site except as set forth in the Subscriber Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to KopenTech at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
Adoption of additional terms
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
You warrant to KopenTech that you will not attempt to gain unauthorized access to any services offered by KopenTech or computer systems or networks connected to any KopenTech server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by KopenTech. When using the Site you agree not to pretend to be someone else or spoof their identity. You agree to defend, indemnify, save and hold harmless KopenTech, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on one of our Sites. KopenTech controls its Site (excluding linked sites) from its offices in Los Angeles, CA and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of California, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of California and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity or use it in any way that would violate any of these Terms. When applicable, you further agree, as a condition of using this site, to ensure that all of your agents, employees and independent contractors adhere to these Terms. All rights reserved.