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.
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.