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Kaare, Inc. and NOAH™ Websites Terms of Use
Legal Information & Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Kaare, Inc and NOAH™ web site located at www.noahshovel.com and all associated sites linked to www.kaareinc.com by Kaare, Inc, its subsidiaries and affiliates, including Kaare, Inc. sites around the world (collectively, the “Site”). The Site is the property of Kaare Inc. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Kaare, Inc. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Kaare, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kaare, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Kaare, Inc.’s express prior written consent.
You may use information on Kaare, Inc. products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Kaare, Inc. for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Kaare, Inc. reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Kaare, Inc. server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Kaare, Inc., including any Kaare, Inc. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Kaare, Inc.’s systems or networks, or any systems or networks connected to the Site or to Kaare, Inc.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kaare, Inc. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kaare, Inc. or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Kaare, Inc.’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Kaare, Inc. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Kaare, Inc. makes no commitment to update the materials on the Site with respect to such products and services.
Guidelines for Using Kaare, Inc. Trademarks and Copyrights
These guidelines are for Kaare, Inc. licensees, authorized resellers, developers, customers, and other parties wishing to use Kaare, Inc.’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Kaare, Inc. Logo for commercial purposes without the prior written consent of Kaare, Inc. may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Kaare, Inc. trademarks may be prohibited, unless expressly authorized.
Kaare, Inc.’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an Kaare, Inc. trademark, in whole or in part, you are acknowledging that Kaare, Inc. is the sole owner of the trademark and promising that you will not interfere with Kaare, Inc.’s rights in the trademark, including challenging Kaare, Inc.’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Kaare, Inc. trademark. The goodwill derived from using any part of an Kaare, Inc. trademark exclusively inures to the benefit of and belongs to Kaare, Inc.. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.
Authorized Use of Kaare, Inc. Trademarks
1. Advertising, Promotional, and Sales Materials: Only Kaare, Inc. and its authorized resellers and licensees may use the Kaare, Inc. Logo in advertising, promotional, and sales materials. Such authorized parties may use the Kaare, Inc. Logo only as specified in their agreement with Kaare, Inc. and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Kaare, Inc. For example:
Authorized Reseller
Authorized Value Added Reseller
Authorized Service Provider
Authorized Wholesaler
2. Publications, Seminars, and Conferences: You may use an Kaare, Inc. word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE.
b. The use reflects favorably on both Kaare, Inc. and Kaare, Inc. products or technology.
c. Your name and logo appear more prominent than the Kaare, Inc. word mark on all printed materials related to the publication, seminar or conference.
d. The Kaare, Inc. logo or any other Kaare, Inc. -owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Kaare, Inc.
e. A disclaimer of sponsorship, affiliation, or endorsement by Kaare, Inc., similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Kaare, Inc.”
f. A trademark attribution notice is included in the credit section giving notice of Kaare, Inc.’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
3. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning an Kaare, Inc. product or technology may use the appropriate Kaare, Inc. word mark, provided such use complies with the guidelines set forth in Section 2 above.
Unauthorized Use of Kaare, Inc. Trademarks
1. Company, Product, or Service Name: You may not use or register, in whole or in part, or any other Kaare, Inc. trademark, including Kaare, Inc. -owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. Kaare, Inc. Logo and Kaare, Inc. -owned Graphic Symbols: You may not use the Kaare, Inc. Logo or any other Kaare, Inc. -owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Kaare, Inc., such as a reseller agreement.
3. Disparaging Manner: You may not use an Kaare, Inc. or NOAH trademark or any other Kaare, Inc. -owned graphic symbol, logo, or icon in a disparaging manner.
4. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Kaare, Inc. or NOAH trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Kaare, Inc.
5. Domain Names: You may not use an identical or virtually identical Kaare, Inc. trademark as a second level domain name.
Unsolicited Idea Submission Policy
Kaare, Inc. or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Kaare, Inc. or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Kaare, Inc.’s products or marketing strategies might seem similar to ideas submitted to Kaare, Inc. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of Kaare, Inc., without any compensation to you; (2) Kaare, Inc. may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Kaare, Inc. to review the submission; and (4) there is no obligation to keep any submissions confidential.
Product Feedback
Kaare, Inc. does, however, welcome your feedback regarding many areas of Kaare, Inc.’s existing business. If you want to send us your feedback, and we hope you do. Please provide only specific feedback on Kaare, Inc.’s existing products or marketing strategies; do not include any ideas that Kaare, Inc.’s policy will not permit it to accept or consider. It’s just one more way that Kaare, Inc. can learn how to best satisfy your needs.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Kaare, Inc. shall be free to use such information on an unrestricted basis.
Privacy
Kaare, Inc.’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, bank information) is encrypted.
Your privacy is important to Kaare, Inc. So, we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information.
Links to Other Sites and to the Kaare, Inc. Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Kaare, Inc.’s control, and Kaare, Inc. is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
KAARE, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KAARE, INC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KAARE, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAARE, INC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KAARE, INC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KAARE, INC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Kaare, Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Kaare, Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Kaare, Inc. has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Kaare, Inc. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Kaare, Inc.’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Kaare, Inc. (but not including the purchase price for any Kaare, Inc. hardware or software products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Kaare, Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kaare, Inc. by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Kaare, Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kaare, Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including Kaare, Inc.’s customers. Kaare, Inc. reserves the right at all times to disclose any information that Kaare, Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kaare, Inc. also may disclose your information when Kaare, Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Kaare, Inc. may preserve any transmittal or communication by you with Kaare, Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Kaare, Inc. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Kaare, Inc., its employees, users of or visitors to the Site, and the public.
You agree that Kaare, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kaare, Inc., for which monetary damages would be inadequate, and you consent to Kaare, Inc. obtaining any injunctive or equitable relief that Kaare, Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kaare, Inc. may have at law or in equity.
You agree that Kaare, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Kaare, Inc. does take any legal action against you as a result of your violation of these Terms of Use, Kaare, Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kaare, Inc. You agree that Kaare, Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Kaare, Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Kaare, Inc. administers and operates the www.kaareinc.com and www.noahshovel.com Site from its location in Las Vegas, Nevada USA; other Kaare, Inc. sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Kaare, Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Kaare, Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Kaare, Inc. with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Kaare, Inc., Kaare, Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Kaare, Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Kaare, Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Kaare, Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Kaare, Inc. provides access to Kaare, Inc. international data and, therefore, may contain references or cross references to Kaare, Inc. products, programs and services that are not announced in your country. Such reference does not imply that Kaare, Inc. in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Kaare, Inc. shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2014 - 2017 Kaare Inc. All rights reserved.
Kaare Inc., Las Vegas, NV 89106, USA.
The Kaare, Inc. Legal Team on August. 1, 2017