The following are the Terms and Conditions for use of this web site and web pages:
These web pages (the "Pages") are maintained by Kite Products. For the purposes of these Terms and Conditions Kite Products is defined as a dba of Olfactor Laboratories, Inc. As such, Olfactor Laboratories, Inc., and all of its legal rights and privileges, is intended and implied wherever Kite Products is mentioned or referenced in these Terms and Conditions. When you or any other person, employee, agent or representative authorized by you (collectively referred to as "You" or “Yours”), accesses the Pages and/or enters into any Kite Products programs, services, or offerings, You acknowledge that you have read, understand, and agree to be bound by and accept the Terms and Conditions stated below (this "User Agreement"). Do not use the Pages and/or enter into any Kite Products programs, services, or offerings if You do not agree to the terms and conditions of this User Agreement.
As set forth below, You acknowledge and agree that the Pages are not a guarantee that any product information, services information, ideas, concepts, innovations, inventions or any other data, submitted by You to Kite Products via the Pages will be treated as confidential or proprietary or protected from disclosure.
A. USE OF THE PAGES
1. Limited License. Subject to the Terms and Conditions of this User Agreement, Kite Products grants You a personal, revocable, limited use, non-exclusive, non-transferable, non-sublicensable license to access and use the Pages during the Term (as defined below) of this User Agreement.
2. License Limitations. You are responsible for providing, at Your own expense, all communications lines, hardware, software, services, and other materials and technology necessary for You to access the Pages. Kite Products shall have no responsibility for any failure of such items or any failure or limitation of the Internet or other computer hardware or software.
You are not permitted to download, copy, or otherwise use the Pages, or any information available on the Pages, in whole or part, except as expressly permitted by this User Agreement.
You are not permitted to distribute, assign, transfer, or sublicense any right to use the Pages, either in whole or part, to any third party.
1. The source code of the Pages is confidential and proprietary to Kite Products and/or its licensors. Accordingly, You may not unlawfully copy any materials on the Site and Pages, harvest information about other users, decompile, disassemble, reverse engineer, transmit, install, upload or otherwise transfer any virus, program, process, advertisement, communication or other item to the Site or Pages or related servers and networks or break or “hack” into the Site or Pages or otherwise manipulate the source code for the Pages, and neither may You use any software to derive such source code.
5. Term. The period during which You are entitled to use the Pages (the "Term") begins on the date upon which You first access the Pages, and by that action agree to be bound by the terms and conditions contained in this User Agreement. Kite Products reserves the right, in its sole discretion, and in addition to any other remedies available to it by law, rule, and regulation, to terminate this User Agreement at any time, without notice, if You breach any of the terms and conditions hereof. Additionally, either You or Kite Products may terminate this User Agreement at any time without cause. However, termination of this User Agreement shall not relieve you of the obligations under this User Agreement that you assumed by accessing the Pages.
6. Limitations on Use of the Pages. You acknowledge that the Internet is a network of computers worldwide, and that any information or data submitted by You to Kite Products, or by You to third parties via the Internet, may be routed via third party computers on the Internet. You also acknowledge that Kite Products is not responsible for lapses in online security, and that Kite Products does not assume liability for improper use of Your information or data by third parties.
You may view, download, and print content from the Pages subject to the following conditions:
a. the content may be used solely for informational purposes;
b. the content may not be modified or altered in any way; and
c. You may not republish, distribute, prepare derivative works from, or otherwise use the content other than as explicitly permitted herein. You do not acquire any ownership rights to any content in the Pages by virtue of using, viewing, downloading or printing the Pages.
Without limiting the generality of the foregoing, in consideration for Kite Products providing access to the Pages, You agree not to use or access the Pages to:
d. violate any applicable law, rule, or regulation;
e. harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;
f. post or transmit any unsolicited commercial, advertising, or promotional materials, including, without limitation, "SPAM" or mass distributions;
g. provide false information to Kite Products or impersonate another person at any point; and/or
h. transmit any material that infringes upon, misuses, and/or misappropriates any third party's copyright, trademark, patent, trade secret, or other intellectual property right.
If You violate the terms and conditions contained in this User Agreement, Kite Products may, without prior notice and without liability, terminate this User Agreement, terminate Your use of and access to the Pages and/or take any other action deemed appropriate in its sole discretion.
7. Third Party Web Sites and Information. The Pages may provide hyperlinks to third party web sites. Kite Products does not control, endorse, or guarantee content found in such web sites. You agree that Kite Products is not responsible for any content, associated links, resources, or services associated with third party web sites. You further agree that Kite Products shall not be liable for any loss or damage of any sort associated with Your use of or access to third party web sites. Any hypertext links or access to third party web sites are provided for Your convenience only.
8. Disclaimer of Endorsement. Reference in the Pages to any products, goods, services, processes, hypertext links to third parties, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply endorsement, sponsorship, or recommendation by Kite Products. Kite Products does not endorse any third party web pages, products, goods, services, processes or hypertext links, and Kite Products is not liable for Your use of those aforementioned web pages, products, goods, services, processes or hypertext links. Use is undertaken at Your sole risk. These may appear or be offered in the form of text links, advertisements, banners, buttons or otherwise. The goods and services available through these links or on the site or these Pages are offered by independent companies, which may not be affiliated in any way with Kite Products. Kite Products makes no representations as to the quality, fitness, workmanship, value, appropriateness or reliability of the merchandise, services or products available or the solvency or financial viability of any third party referenced on this site or on the Pages. Kite Products will not reimburse or indemnify You for any losses You may incur as a result of transactions with any third party referenced on this site or these Pages. Users are advised to use discretion in selecting companies with which to do business online.
In addition, third parties that are mentioned or referenced on Kite Products’ website or whose products Kite Products may use or mention do not represent an endorsement by Kite Products of those third parties.
The Kite Products name and logo and other copyrights, trademarks and trade names owned by Kite Products and/or Olfactor Laboratories, Inc. may not be used in any commercial manner without the prior written consent of Kite Products and/or Olfactor Laboratories, Inc.
9. Consent to Monitoring and Disclosure. Kite Products is under no obligation to monitor the information or content available or transmitted through the Pages. However, You agree that Kite Products may monitor such information and content in order to: (a) comply with any applicable laws, rules, or regulations or other governmental orders; (b) to administer the Pages properly; and/or (c) to protect itself, You and other users of the Pages.
Should You provide Kite Products or its contractors or agents with information, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, product information, services information, concepts, innovations, inventions or any other data or the like, such information shall be deemed to be non-confidential, and Kite Products assumes no obligation to protect such information from disclosure. Kite Products shall be free to reproduce, use, disclose, and distribute such information to others without restriction, and You acknowledge that Kite Products has absolutely no liability for alleged infringement or misappropriation in connection with such information. The submission of such information to Kite Products shall in no way prevent, or require, the purchase, manufacture, or use of any products, services, plans, or ideas by Kite Products for any purpose whatever.
10. Administration of Pages. You acknowledge that Kite Products may, from time to time, without notice to You, and at its sole discretion, establish various practices, limitations, and restrictions for administering the Pages, including, without limitation, how often the Pages may be accessed. You also agree that Kite Products is not responsible or liable for deactivation or deletion of information or content resulting from, or arising out of, administration of the Pages.
B. REGISTRATION AND DATA SUBMISSION PROCESS
1. No Confidential Information. Data that You provide to Kite Products via the Pages shall not be treated as confidential or proprietary. Further, Kite Products shall not be responsible for any harm that You may suffer as a result of Your use of, or providing information on, the Pages. In other words, Kite Products shall have no obligation to protect You from disclosure of any data that You supply via the Pages.
2. Obligations of the Parties. Kite Products shall have no obligation to use any of the data provided by You via the Pages, and neither shall it have any other obligation to You by virtue of Your provision of the data.
C. GENERAL TERMS
1. Trademarks. The Kite Products name, trade names, copyrights, trademarks, and logo, as well as all related product and service names, design marks, and slogans, are the property of Kite Products. All other names, marks, and logos are the names, marks, and logos of their respective owners. All right, title, and interest, including, without limitation, all copyrights, trademarks, and other intellectual property rights, in the Pages belong to Kite Products or any third party suppliers (or other licensors).
2. Copyright. The information and content available on or accessible through the Pages is the copyrighted property of Kite Products, Olfactor Laboratories, Inc., their licensors, vendors or other applicable licensor. Permission to copy and distribute such information and content is granted subject to the following restrictions: (a) the information and content is provided for personal, non-commercial use only; (b) any copies of the information and content made by You with the permission of Kite Products must include the appropriate copyright notice. This copyright notice reads as follows: "Copyright © 2016. All Rights Reserved, Olfactor Laboratories, Inc. and Kite Products, a dba of Olfactor Laboratories, Inc.”; (c) all information and content made available on or accessible through the Pages may contain other proprietary notices or describe products, services, processes, or technologies owned by Kite Products, Olfactor Laboratories, Inc. or third parties; and (d) nothing contained in this User Agreement shall be construed as granting You a license under any copyright, trademark, patent, or other intellectual property right of Kite Products, Olfactor Laboratories, Inc. or any third party. The Pages and the information and content within the Pages are the property of Kite Products, Olfactor Laboratories, Inc. or their suppliers, and they are protected by United States copyright laws and international treaty provisions. The compilation, organization, and display of the information and content, as well as all software and inventions used on and in connection with the Pages, are the exclusive property of Kite Products. Kite Products reserves all rights in the Pages and the content available via the Pages which are not specifically granted in any agreements with Kite Products or in this User Agreement.
3. Infringement Claims. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us a notice containing all of the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the purported owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Web or in the Web Pages;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the purported copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4. Digital Millennium Copyright Act ("DMCA") Notice. Kite Products owns, protects, and enforces copyrights in its own creative material and respects the copyright properties of others. However, Materials of third parties, not owned or controlled by Kite Products, may be transmitted, stored, accessed, or otherwise made available through use of the Pages. To the best of Kite Products' knowledge, these materials do not infringe the copyrights of others. You should notify Kite Products promptly if this is not the case. Upon Kite Products' receipt of a proper notice of claimed infringement under the DCMA, Kite Products will respond expeditiously to remove, or disable access to, the material claimed to be infringed upon, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material at issue. You should address such notice to our designated agent. It is the policy of Kite Products to terminate its contractual relationships regarding materials with third parties who repeatedly infringe the copyrights of others. To learn more about this policy, contact us.
5. Limitation of Liability. KITE PRODUCTS, OLFACTOR LABORATORIES, INC. AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM HARMFUL USES OF THE PAGES, INCLUDING, BUT NOT LIMITED TO VIRUSES OR AN INABILITY TO ACCESS OR USE THE PAGES, INTERUPTION, ERRORS AND/OR THE LOSS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE PAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION OR LEGAL BASIS, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE PAGES EVEN IF KITE PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT THESE LIMITATIONS ON THE LIABILITY OF KITE PRODUCTS REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR KITE PRODUCTS TO ALLOW YOU TO ACCESS AND USE THE PAGES.
In no event will the aggregate, total liability of Kite Products for damages, injury, losses, and causes of action, whether in contract, tort, or otherwise, arising from or relating to access or use of the Pages exceed One Hundred Dollars ($100.00). Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply in those jurisdictions. In such jurisdictions, Kite Products' liability is limited to the greatest extent permitted by law.
6. Disclaimer of Warranties.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PAGES AND THE INTERNET GENERALLY. ACCESS TO AND/OR USE OF INFORMATION, CONTENT, PRODUCTS AND/OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE PAGES ARE PROVIDED OR MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY KITE PRODUCTS, ITS PARENT, ITS AFFILIATES, SUBSIDIARIES OR ITS CONTRACTORS OR AGENTS SHALL CREATE ANY WARRANTY. FURTHER, NEITHER KITE PRODUCTS NOR ITS PARENT, ITS AFFILIATES, SUBSIDIARIES OR CONTRACTORS WARRANT THAT INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE PAGES WILL BE UN-INTERRUPTIBLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, OR ERROR FREE, OR THAT ANY SOFTWARE OR OTHER MATERIAL PROVIDED ON OR AVAILABLE THROUGH THE PAGES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Any Kite Products information or content available or transmitted through the Pages may include technical inaccuracies or typographical errors. Kite Products has the right to make changes and updates to any of this information or content without notice at any time.
7. Indemnification. You agree to indemnify and hold Kite Products, its parent, its subsidiaries, its affiliates, and/or its contractors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your access to or use of the Pages, the violation by You of this User Agreement, or the infringement by You of any intellectual property or other right of any person or entity.
8. Severability. In the event that any provision of this User Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefore.
9. Jurisdiction Statement. Kite Products does not conduct business in those individual States where its’ programs, services, or offerings are not allowed, and it does not agree to the jurisdiction of the State court in those individual States. Further, Kite Products does not consent to the jurisdiction of such State courts merely by virtue of its operating and transmitting the Pages.
10. Publicity. Nothing contained in this User Agreement shall be construed as granting to You any right to use or refer to in advertising, publicity, promotion, marketing, or other activities, any name, copyright, trade name, trade or service mark, or any other designation of Kite Products, including any contraction, abbreviation or simulation of any kind of the foregoing, unless Kite Products first provides its prior written consent to such usage.
11. International Use. Kite Products does not represent that all information and data accessible via the Pages is appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access such information and data from such locations act on their own initiative, and Kite Products is not responsible for their compliance with local or international laws or other applicable legal or regulatory restrictions. You agree that You will not access the foregoing where prohibited by applicable law, rule or regulation.
12. Governing Law. The Pages shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. In the event of any dispute or action arising out of the subject matter of this Agreement, or to enforce the terms of this Agreement, you hereby accept and submit to the jurisdiction of the Superior Court of California for the County of Riverside, or, if that court lacks jurisdiction over the subject matter of the dispute, to the jurisdiction of the United States District for the Central District of California, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. If any provision(s) of this User Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
13. Security. You may establish a profile or account via the Pages that may be protected by a user identification code and/or password. You are responsible for maintaining the confidentiality and security of Your user identification code and/or password, as well as other profile and/or account information, and You are fully responsible for all conduct carried out under that profile and/or account. Kite Products is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these Terms and Conditions.
14. Miscellaneous. Should You be unwilling to accept the terms and conditions of this User Agreement after initially accepting such terms and conditions, You may terminate this User Agreement at any time and stop using the Pages. Kite Products' failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kite Products in writing.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this User Agreement.
You and Kite Products agree that any cause of action arising out of or related to Your access to or use of the Pages must commence within one (1) year after the cause of action arises, otherwise, such cause of action is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply in all situations.
1. By submitting a written or video testimonial via email or social network posting, I hereby give my full permission for the use of my name, picture, image, likeness, or other personally identifiable information, in whole or in part, individually or in conjunction with other images, as part of submission for the Kite Shield Testimonial. I waive all rights of privacy or compensation, which I may have in connection with such use of my name, picture, image, likeness, or other personally identifiable information.
2. I hereby grant Olfactor Laboratories, Inc. dba Kite Products, their respective successors, assigns, assignees, grantees and licensees (the “Company”), permission to the irrevocable and unrestricted right to use my name, picture, image, likeness, or other personally identifiable information associated with such submission in all formats, media and in all manners, including composite or altered representations, for advertising, trade or any other lawful purposes. I grant permission for the Company to edit them as desired and to use, re-use, reproduce, perform, publicly display, distribute, license, broadcast, transmit, transfer, dispose of and/or publish them, alone or in combination with other intellectual property, in perpetuity, throughout the world, in any and all languages, formats and media, including, without limitation, in print, any electronic format now known or hereafter devised (including, without limitation, via the World Wide Web) and/or any media prepared for use by the handicapped or disabled, for any and all purposes, including, without limitation, the promotion of the Company and the Company’s products. The Company shall own all right, title and interest, including the copyright and any extensions and renewals thereof, in the Work. In addition, my name, voice, likeness, picture, biographical data and other information and/or characteristics that may identify me to the general public may be used to publicize, promote, and advertise the Work, the Company and/or the Company products.
3. The rights I have granted herein will not conflict with or violate any commitment, agreement, or understanding I now have, or will have in the future, or otherwise infringe upon any rights of any person or entity.
4. I agree to indemnify and hold the Company and its officers, representatives, agents, employees, assignees, grantees and licensees, harmless from and against all claims, losses, costs, expenses, settlements, demands and liabilities of every kinds, including reasonable attorneys’ fees and expenses, of whatever kind or nature, arising out of or incurred by reason of the use of the Work, or the inaccuracy or alleged or actual breach of any representation, warranty, covenant, agreement or undertaking I have made herein.
5. I release the Company and anyone using the information supplied by me from any and all claims, losses, demands, liability, settlements, judgments, costs and expenses, including attorneys’ fees and expenses, whether for libel, violation of right of privacy or right of publicity, violation of copyright or any other claim which I now have or may hereafter have by reason of (i) the use of my name, likeness, or other biographical information as described herein; (ii) the inaccuracy or alleged breach or actual breach of any representation, warranty or undertaking that I have made herein or in the Work. I waive any right to inspect or approve the finished version(s), including written copy that may be created in connection with the Work, editing and promotion therewith. Further, I waive any and all rights to injunctive relief in the event of a dispute, and I agree that my sole remedy shall be at law. I hereby waive any claim that the foregoing deprives me of an adequate remedy.
6. This Release constitutes the entire agreement with respect to the subject matter hereof. This Release supersedes any prior agreements or other oral or written communications concerning the subject matter of this Release.
7. I represent and warrant that I have the full right, power and authority to enter into this Release and that I have reached the age of majority (as determined by applicable state law) and have the legal right to consent for myself.
By submitting your email address in connection with your review, you agree that Kite Products and its affiliates may use your email address to contact you about the status of your review and for other administrative purposes.
If You have any questions regarding the Terms and Conditions in this USER AGREEMENT, please contact us.
These Terms and Conditions were last updated on July 20, 2016.