Your access to, browsing and use of the Kē labs, Inc. (“Kē Labs”) website http://kelabs.com are subject to the following Terms and Conditions of Use (the “Terms and Conditions”), any other terms, conditions or guidelines set out elsewhere in this website (our “Site”), as well as all applicable federal, state and local laws, rules and regulations. You should be aware that these Terms and Conditions exempt Kē Labs and others from liability or limit their liability, and include other important provisions that you should read carefully. Each time you use our Site, you acknowledge and signify that you have read, understood and agreed to be bound by these Terms and Conditions, our Privacy Policy and all applicable laws. If you do not agree to be bound by each provision of these Terms and Conditions each time you use our Site, you may not access our Site.
Changes to these terms and conditions
You may not alter, supplement or amend these Terms and Conditions in any manner. Kē Labs may, in its sole discretion, alter, supplement or amend these Terms and Conditions from time to time as they relate to your future use of our Site for any reason and without any prior notice to you. If there is a change in these Terms and Conditions, we will post those changes on this page so that you always are aware of how you may and may not use our Site. Please check this page from time to time for any changes to make sure you are aware of our latest policies regarding use of our Site.
Authorized Users
Our Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions. Our Site may not be used by individuals who have had their profiles or usage rights terminated or by individuals in jurisdictions where the use of our Site may be illegal. It is solely your responsibility to determine whether your use of our Site is lawful, and you must comply with all laws applicable in your jurisdiction. Kē Labs reserves the right to limit the availability of our Site to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion. VOID WHERE PROHIBITED.
Use of Our Site
You may access our Site using a commercially available, SSL-capable Web browser. You may not print or download the pages of our Site, modify any of the pages on our Site or their content, or remove or alter any visible or non-visible identification, marks, notices or disclaimers on our Site. The framing of our Site or any of its content in any form and by any method is strictly prohibited.
Content and Accuracy of Information
While Kē Labs takes reasonable steps to ensure that the information, images, text or links contained in our Site are accurate and complete, Kē Labs makes no representations or warranties as to the completeness or accuracy of such information. Kē Labs hereby disclaims any and all liability for any omissions or errors in or to the content of our Site generally.
Software Downloading and Exporting
Any software contained in our Site may only be downloaded by you where expressly authorized by Kē Labs and pursuant to the explicit terms and conditions set forth in these Terms and Conditions or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including but not limited to laws regarding copyrights and U.S. export controls prohibiting the exporting of software to certain countries and individuals.
Copyright Notice
It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on our Site is copyrighted and may not be used or copied by you without the express prior written consent of Kē Labs or the copyright owner, except as explicitly provided in our Site or by applicable law. This prohibition means that you may not transmit, mirror, modify or redistribute any images or text from our Site without the express prior written permission of Kē Labs or the copyright owner. You represent that you are the owner or are authorized by the copyright owner to use any copyrighted materials submitted or provided by you. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN YOUR LIABILITY. Any images contained in or displayed by Kē Labs on our Site are the property of Kē Labs or are used by Kē Labs with the consent of the copyright holder and persons, if any, appearing in such images. The use by you of any such images (or any portions thereof) without the express written consent of Kē Labs or the copyright holder is prohibited. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN YOUR LIABILITY.
Intellectual Property
Any trademarks, trade names, logos and service marks displayed on our Site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.
Confidentiality
By using our Site, you may receive, or have access to, certain confidential and proprietary information of Kē Labs. For purposes of these Terms and Conditions, the term “Kē Labs Information” shall mean all information that Kē Labs deems to be confidential and proprietary to it or its subsidiaries or affiliates, including but not limited to business plans, customer lists, information on product pricing and other terms of sale, trade secrets, electronic information, know‑how, technical and non‑technical materials, data, software, specifications, samples, components, models, mock-ups and articles and any information derived from samples, models, mock-ups or articles, as well as other information appearing on our Site and any study conducted on our Site. You agree that you shall not communicate any Kē Labs Information to any third party, and shall prevent inadvertent disclosure of Kē Labs Information to any third party. Kē Labs Information does not include information that: (a) was in the public domain at the time you received such information through our Site; (b) entered the public domain through no fault of yours after you received the Kē Labs Information through our Site; (c) you can demonstrate was in your possession free of any obligation of confidence at the time you received the Kē Labs Information through our Site; (d) was rightfully communicated to you free of any obligation of confidence after you received the Kē Labs Information through our Site; or (e) you can demonstrate was developed by you independently of and without reference to any Kē Labs Information. The disclosure of any Kē Labs Information through our Site shall not be construed as granting to you, in any way, any right in or license under any present or future invention, trade secret, trademark, copyright or patent now or hereafter owned or controlled by Kē Labs or any of its subsidiaries or affiliates. You agree that a breach of these confidentiality provisions may result in irreparable harm to Kē Labs. In order to enforce your obligations, we shall have the right to seek injunctive and other equitable relief to prevent or restrain the breach of these confidentiality provisions and may seek any other remedies available to us, whether at law or in equity. In the event you are required by law, regulation or court order to disclose any of the Kē Labs Information, you agree to promptly notify us in writing before making any such disclosure in order to allow us to seek a protective order or other appropriate remedy from the proper authority. You agree to cooperate with us in seeking any such remedy or protective order. If we are unsuccessful in stopping the disclosure of Kē Labs Information, you agree to use all reasonable efforts to ensure that confidential treatment will be given to any Kē Labs Information that must be disclosed.
Termination of Use; Breach of Terms and Conditions
If you breach any provision of these Terms and Conditions, then you may no longer use our Site. You also may terminate your right to access our Site at any time by contacting us. Upon receipt of your termination notice, we will terminate your user profile, and you will no longer have access as a registered user. Kē Labs may, in its sole discretion, change, suspend or terminate access to, temporarily or permanently, our Site or any part of it at any time, for any reason, without any notice to you. If your use of our Site is terminated by you or us for any reason, then: (a) these Terms and Conditions will continue to apply and be binding upon you regarding your prior use of our Site; (b) these Terms and Conditions will continue to apply regarding Kē Labs Information; and (c) we may permanently delete and destroy any information that you may have posted or submitted to our Site without any prior notice to you.
LIMITATIONS OF LIABILITY
YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY Kē LABS TO THE FULLEST EXTENT PERMITTED BY LAW. Please employ common sense and discretion when using our Site. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: (a) use of our Site by you, (b) your breach of these Terms and Conditions or our Privacy Policy; (c) your violation or infringement of the rights of other persons; or (d) your violation of any applicable civil or criminal law. Kē LABS DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The operation of our Site may be affected by numerous factors beyond our control. The operation of our Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated. Kē Labs assumes no liability and shall not be responsible for any damage to your computer or other property resulting from your access to or use of our Site, including but not limited to any damage resulting from any computer viruses or from linkage to any third party sites. Kē LABS DOES NOT WARRANT THAT THE USE OF OUR SITE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. Kē LABS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF OUR SITE BY YOU, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Kē LABS, NOTWITHSTANDING THAT Kē LABS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU.
Governing Law
These Terms and Conditions and your use of our Site are governed solely by the laws of the state of Indiana and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that may lead to the application of any other laws. Any dispute between Kē Labs and you or any other person arising from, in connection with or relating to our Site and these Terms and Conditions must be resolved before the courts of the State of Indiana, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there. Our Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued or distributed in any way, in whole or in part, without the express prior written consent of Kē Labs. You may not use any of the software that is used in the operation of our Site except while you use our Site, except as otherwise provided in these Terms and Conditions. You may not copy any of the software used in the operation of our Site. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials appearing on our Site infringe your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kē Labs to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Kē Labs a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visithttp://www.loc.gov/copyright for more details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Miscellaneous
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms and Conditions and the Privacy Policy, as amended from time to time by Kē Labs, constitute the entire agreement between you and Kē Labs relating to your use of our Site. Any rights not expressly granted by these Terms and Conditions are reserved to Kē Labs.
Effective: March 9, 2011