Terms and Conditions
TERMS AND CONDITIONS OF USE
(last updated: July 2009)
This web site is owned and operated by Argon Technologies, Inc. (“Klymit”). PLEASE READ
THESE TERMS AND CONDITIONS OF USE BEFORE USING KLYMIT’S WEB
SITE. By using this site, you signify your agreement with these Terms and Conditions of Use.
If you do not agree to these terms and conditions, please do not use or further access this site.
MINORS. You agree to supervise usage by, and be responsible for the actions of, any minors
who use your computer to access this site. By providing information or placing an order, you
represent and warrant that you are at least thirteen (13) years of age.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Klymit Privacy
Policy, incorporated herein by this reference, for complete information relating to the collection
and use of your personal information.
MODIFICATION OF THESE TERMS OF USE. Klymit reserves the right to change the
terms and conditions under which this site is offered by making changes to these Terms and
Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of
Use. Your continued use of this site constitutes your agreement to all such terms and conditions.
LINKS TO OTHER SITES. This site may contain images of and links to other web sites that
are independently run sites outside of the klymit.com domain. Klymit has no control over or
responsibility for the content of such independent sites, which have their own privacy and data
collection practices and terms of use, independent of Klymit. Klymit is providing these links
to you only as a convenience. Neither these sites, nor any content available through links to
and from them, are screened, reviewed or endorsed by Klymit. Klymit has no liability for any
damages caused by the use or inability to use such third party sites.
TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY
RIGHTS. "Klymit," "Kontrol the Elements," "Control the Elements," "Warmth on
Demand," "NobleTek," "Mono Weave," and "HotShot," along with the Klymit design logos
and other marks that may appear on this web site are trademarks or registered trademarks of
Klymit or its subsidiaries in the United States and other countries. You may not copy, reproduce,
republish, distribute, upload, post, transmit, modify or use the trademarks in any manner. The
names of other companies and products mentioned herein may also be the trademarks of their
respective owners.
The entire content on this web site (including, but not limited to, design, images, text, audio and
video clips, data, graphics, links, computer code, and other content and material) is copyrighted
under United States and other copyright laws and is the property of Klymit. The copyrighted
material includes some works that are licensed to Klymit. In addition, some of the content on this
web site is protected by trademark, privacy, and publicity laws.
The content on this web site is provided solely for your information, entertainment and
educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted
or distributed without Klymit’s express written permission. You shall not use in any manner any
of the content from this web site on any other web site, online service or networked computer
environment.
Subject to any expressly stated limitations on this web site, however, you may download or print
portions of the content or trademarks on this web site on a single home computing device solely
for your personal, non-commercial use, provided that you keep intact all copyright, trademark
or other proprietary notices. Any other use is prohibited. Klymit will at all times retain complete
ownership of the content and trademarks on this site.
NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose that
is unlawful or prohibited by this agreement, or in any manner that could damage, disable,
overburden, or impair Klymit or interfere with any other party's use and enjoyment of this site.
You shall not attempt to gain unauthorized access to any Klymit accounts, computer systems or
networks through hacking, password mining or any other means, or interfere with or modify in
any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any
materials or information through any means not intentionally made available through this site.
DISCLOSURE OF INFORMATION. Klymit reserves the right at all times to monitor
your use of this site and to disclose any information as Klymit deems necessary to satisfy any
applicable law, regulation, legal process or governmental request or to protect its rights or a third
party’s safety.
DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE
PROVIDED "AS IS." KLYMIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. KLYMIT DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL KLYMIT, ITS AFFILIATES,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, CONTRACTORS, OR AGENTS
BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILILTY
TO USE THIS SITE, EVEN IF KLYMIT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM
ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING
NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL
KLYMIT 'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE
MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify and hold Klymit and any of its officers,
directors, employees, agents and affiliates harmless from and against any and all claims, actions,
liabilities, costs or damages asserted by any third party arising from or related to your use of this
site or conduct in connection therewith, or otherwise arising from or related to your use of this
site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising
from any actions or claims hereunder and those incurred in establishing the applicability of this
paragraph.
SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or
unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as
to render the provision enforceable, and if no feasible interpretation would save such provision, it
shall be severed from the remainder of this agreement, which shall remain in full force and effect
unless Klymit’s obligations hereunder are materially impaired.
GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights
and liabilities of the parties arising out of or relating to this agreement or your use of this web
site will be governed by the laws of the state of Utah, exclusive of choice of law rules. Any legal
action arising out of or relating to this agreement or your use of this web site will take place in
the state or federal courts in the state of Utah and nowhere else. In any such legal action, the
substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the
preparation for and prosecution or defense of such action as fixed by the trial court or appellate
court. You agree that any cause of action arising out of or related to this site must commence
within one (1) year after the cause of action arose; otherwise, such cause of action is permanently
barred.
ENTIRE AGREEMENT. This constitutes the entire agreement between you and Klymit
regarding the access and use of this web site.
TERMINATION. Klymit reserves the right to terminate or modify this agreement at any
time. All provisions regarding the protection and ownership of Klymit 's intellectual property,
disclaimer of warranties, limitations of liability, governing law, and attorneys' fees will survive
termination.