Terms of Use
All information and content including but not limited to actual and intellectual property, is the property Kiterocket, LLC (hereinafter, “Kiterocket”). By accessing and using this Website, Kiterocket assumes that you understood and agreed to these Terms of Use.
Kiterocket may change these Terms of Use from time to time by posting updates to this website.
Kiterocket recommends you review our Privacy Policy, which describes Kiterocket’s practices concerning collection and use of information about visitors, including our use of cookies.
Submitting Information
By submitting information to Kiterocket through this website, you represent and warrant:
- you own all of the rights to the information that you submit and you have not copied the information from any other sources;
- the submitted information is accurate and a true statement of facts;
- use of the submitted information complies with these Terms of Use;
- the submitted information will not cause injury to any person, organization, corporation and so on; and
- the submitted information does not contain anything which may interfere or damage the operation of this website.
By visiting this website, you consent that you will not use this website to
- post or transmit any unlawful, harmful or defamatory information;
- market or sell products or services without any written permission of Kiterocket;
- damage or interfere with the operation of the website through the use of viruses, or damage software or hardware, or ;
- employ a robot, spider or other process or device on this website;
- transmit or post information in violation of non-disclosure agreements or the intellectual property or personal representation rights of any other person; or
- violate any applicable local or international laws.
Visitors are responsible for ensuring that any post or upload made using your email address complies with these Terms of Use. Kiterocket has right to edit, decline to post, preserve or delete any post by Kiterocket’s discretion.
Kiterocket does not guaranty that the information that you provide to Kiterocket through this website is treated confidential unless a written confidential agreement is executed. Therefore, without this type of an agreement, you agree that there are no restrictions on our ability to use or distribute the information that you provided to us, and that Kiterocket IS free to use any ideas, concepts, know-how or techniques that you send us for any purpose and to modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media information that you provide Kiterocket. Furthermore, by submitting information to Kiterocket through this website, you waive any rights that you may have with respect to submitted information. You agree that you will not enforce the rights against Kiterocket to the extent that you nevertheless retain the rights. Also, by submitting information to Kiterocket through this website, you agree that you indemnify and hold Kiterocket harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of any claim, suit or proceeding arising from any information that you supply through this website, your violation of the rights of third parties, or your failure to comply with these Terms of Use.
Your Responsibility to Protect against Viruses
Visitors need to be aware that it is visitor’s own responsibility to take precautions to ensure that any materials you may download from this website is free of viruses and other destructive items. Kiterocket has no liability for any virus introduced to your computer system by accessing this website or download anything from this website. Kiterocket does not have any intention to cause errors in or disrupt use of any computer system.
Your Account
Visitors are responsible for maintaining the confidentiality of their own account and password for restricting access to their own computer system. Access to and use of password protected or secure areas of this website is restricted to authorized users only. Kiterocket does not sell products for children, and Kiterocket reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
Trademarks
Trademarks on this Website is the property of Kiterocket and/or its affiliates, and all other trademarks, product and company names mentioned in our website that are not owned by Kiterocket are the property of their respective owners. To be clear, these do not mean or imply any types of sponsorship, association, or endorsement. The inclusion of any link does not mean or imply any types of sponsorship, association, or endorsement, and Kiterocket is not responsible for the content or the use of the link, either.
Visitors are not allowed to use any name, logo or other trademark of Kiterocket and/or its affiliates without written permission from Kiterocket.
Copyright
Kiterocket is the owner of the copyright of this website, and all contents on this website are owned by Kiterocket. Without any written consent of Kiterocket, any distribution, retransmission or publication of any information on this website is strictly prohibited. If you want to notify that an information contained in this website infringes your copyright, you should notify your claim.
No Warranty
Kiterocket does not warranty that any content on this website is complete, reliable, accurate, current, or error-free. All information published on this website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kiterocket does not warranty that any designs or other technical information are appropriate for use in any particular jurisdiction. Kiterocket does not make no warranty that this website will operate without interruption or error. Any items and information including technical information or designs available on this website are used at visitor’s own risk, and visitors agree to indemnify and hold Kiterocket harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of the use of such items and information. Items and Information on this website may be inaccurate or incomplete and may be changed or updated without notice.
Indemnification Procedure
If any claim, suit or proceeding (referred to as a Claim) brought against Kiterocket is within the scope of an indemnity that we provided according to these Terms of Use, Kiterocket will give you notice of the Claim through your email address in our record. Visitors agree that visitors will not, and will have no authority to, settle or compromise any Claim without Kiterocket’s written approval or consent. Also, in this case, indemnifying visitor will receive invoice from Kiterocket showing the losses, costs or liabilities that we have incurred, and indemnifying visitor agrees to pay the invoices within twenty (20) days of the invoice date. Invoices not paid within thirty days for any reason, including but not limited to difficulty in locating you and providing you with the invoices, accrue interest at the rate of 3 percent (3%) per year, compounded monthly, or the highest rate allowed by law, if less.
Limitation of Liability
IN NO EVENT WILL KITEROCKET OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY OTHER PERSON, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY LINKED WEBSITE OR INFORMATION, OR FROM ANY PRODUCT OR SERVICE LACK OF RECEIPT OR AVAILABILITY OF ANY PRODUCT OR SERVICE ORDERED THROUGH THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If visitor is dissatisfied with this website, its contents, these Terms of Use, or the Privacy Policy, visitor agrees that visitor’s sole and exclusive remedy is to discontinue using this website.
Governing Law and Jurisdiction
This website is controlled by Kiterocket from its offices in Arizona, in the United States of America. All matters relating to access to, or use of, this website are governed by applicable federal laws of the United States of America and the laws of the State of Arizona, without regard to conflicts of laws provisions. Any dispute arising in connection with this Agreement shall be subject to the jurisdiction of the State of Arizona or of the United States District Court for the Western District of Arizona.
Enforcement
Any unauthorized use of this website terminates visitor’s permission to access and use this website and may subject the visitor to prosecution. If any provision in these Terms of Use is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. Visitors agree that any claim arising out of or related to these Terms of Use or any use of this website must be filed with a court of competent jurisdiction within one year after it arose. If the visitors fail to file any claims in this time period, the claim is permanently barred.