03. Restrictions on Use
All information, content and materials contained on the Site are Kphone USA Inc’ copyrighted property or the copyrighted property of its licensors. All trademarks, service marks, trade names, and trade dress are the property of Kphone USA Inc and/or its licensors. You may not copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from the Site. You may download one copy of the information, content or materials from the Site on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright, trademark, service mark and other proprietary notices, (ii) you make no modifications to the information, content or materials, (iii) you do not use the information, content or materials in a manner that suggests an association with any of Kphone USA Inc’ products, services or brands. You may not use any information, content or materials on this Site on any other internet site.
If you download software or information from this Site, the software and information, including all files and images contained in or generated by the software and data, are deemed to be licensed to you by Kphone USA Inc for your personal, noncommercial home use only with the limited license revocable by Kphone USA Inc for any reason at any time and without notice. You shall have a nonexclusive, nontransferable, revocable limited personal license to use the software or data solely in its object code version. We do not transfer title to the Software or its intellectual property to you. Without limiting the foregoing, you shall not: (a) alter, merge, modify or adapt any software, data or information contained on or made available through this Site; (b) reverse engineer, disassemble or decompile any software or information contained on or made available through this Site; (c) disclose, lease, transfer, or otherwise make any such software or information available to third parties in any form or manner; or (d) use the software or information for the benefit of any third party. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (ii) to anyone on the U.S. Commerce Department’s Table of Deny Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
Please review our Privacy Page which also governs your visit to the Site.
05. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
06. Links to Third Party Sites
Certain links on the Site will take you to other sites not under Kphone USA Inc’ control. Kphone USA Inc is providing these links as a convenience and the inclusion of any such link is not an endorsement by Kphone USA Inc. You acknowledge that when you click on a link that leaves the Site, Kphone USA Inc is not responsible for those sites or their content. Consequently, Kphone USA Inc cannot be held responsible for the accuracy, relevancy, copyright compliance or legality of material contained on such third party sites. Kphone USA Inc reserves the right to disable links from third party sites to any Kphone USA Inc Site, although Kphone USA Inc is under no obligation to do so.
07. Product Warranty
Kphone USA Inc wants to make sure you enjoy your purchase(s). Kphone USA Inc offers you a one year limited warranty subject to the following:
1) Products are used within the instruction guidelines.
2) Damage does not exceed normal wear and tear of product.
3) One-year limited warranty starts from the purchase date with a copy of the receipt.
08. Copyright Notice
© 2015 Kphone USA Inc. All content included on the Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Kphone USA Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Kphone USA Inc and protected by U.S. and international copyright laws. All software used on the Site is the property of Kphone USA Inc or its software suppliers and protected by United States and international copyright laws. The content on the Site may not be duplicated, cached, distributed, publicly performed, republished, uploaded, posted, transmitted or otherwise used or transmitted in any manner, except with the prior express written permission of Kphone USA Inc. Fair use of Kphone USA Inc’ intellectual property requires proper acknowledgement.
09. Trademarks/ Service Marks
All trademarks and service marks appear on this Site are the property of their respective owners. Trademarks and service marks may only be used by you with written permission of their respective owners. Fair use of intellectual property requires property acknowledgement.
For a full and complete list of patents and pending patents, please contact Kphone USA Inc.
KPHONE USA INC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE FOR ANY PURPOSE. THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KPHONE USA INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. KPHONE USA INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. KPHONE USA INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KPHONE USA INC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF KPHONE USA INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL KPHONE USA INC’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY.
IN ADDITION, UNDER NO CIRCUMSTANCES WILL KPHONE USA INC, OUR LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND KPHONE USA INC’ OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF KPHONE USA INC OR KPHONE USA INC’ LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER KPHONE USA INC, ITS LICENSORS AND LICENSEES, NOR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.
14. Governing Law, Venue and Jurisdiction
16. General Provisions