Terms of Service

Updated June 7, 2021

Kebotix Website Conditions of Use

THIS IS A LEGAL AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND Kebotix, Inc. (“Kebotix”, “we”, “us, “our”). AS USED HEREIN, “YOU” MEANS A USER OF THE SITE. YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE KEBOTIX PRIVACY POLICY (the “Kebotix Privacy Policy”), WHICH IS INCORPORATED INTO, A PART OF, AND GOVERNED BY, THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE www.kebotix.com AND ANY SUBDOMAINS THEREOF, AND THE APPLICATIONS, FEATURES, AND INFORMATION AVAILABLE ON THE WEBSITES AND/OR ANY MOBILE APPLICATIONS WE MAY OFFER (TOGETHER WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, AND INFORMATION, OR ANY PART THEREOF (the “Site”)). BY USING OR ACCESSING THE SITE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU ARE NOT PERMITTED TO USE THE SITE. ADDITIONAL TERMS AND CONDITIONS FOR SPECIFIC KEBOTIX PRODUCTS AND SERVICES MAY ALSO APPLY.

Privacy

Please review the Kebotix Privacy Policy, which also governs your visits to the Site, to understand our practices. If you visit the Site, you accept the Kebotix Privacy Policy.

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 the 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.

Site Access

As a condition of your use of, and access to, the Site, you agree that you will not: download the Site (other than page caching) or modify it, or any portion of it, except with express written consent of Kebotix. The Site and any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Kebotix. This permission does not include any resale or commercial use of the Site or its contents or any derivative use of the Site or its contents.

You may not use data mining, robots, screen scraping, or similar data gathering, extraction tools, meta tags with respect to the Site, nor may you use any “hidden text” utilizing Kebotix’s name or trademarks, or use frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kebotix without our express written consent.

You may not distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program, or otherwise violate the terms of service of Facebook, Twitter or other channel by which you access the Site, or any applicable law, including without limitation any applicable export laws.

You may create a hyperlink to the Site so long as the link does not portray Kebotix or its applications in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kebotix logo or other proprietary graphic or trademark as part of the link without our express written consent.

Any unauthorized use terminates the permission granted by Kebotix.

Child Online Protection Act Notification

Pursuant to 47 U.S.C. § 230(d) as amended, Kebotix hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the following links:

http://staysafeonline.org/stay-safe-online/ https://www.consumer.ftc.gov/features/feature-0038-onguardonline.

Please note that Kebotix is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.

Trademarks

KEBOTIX® is a registered trademark, and ReactionSageTM, ChemOS™, and other marks indicated on the Site are trademarks of Kebotix in the United States and/or other countries. Other Site graphics, logos, page headers, button icons, scripts, and product names are trademarks or trade dress of Kebotix. Kebotix’s trademarks and trade dress may not be used in connection with any product or service that is not Kebotix’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kebotix. All other trademarks not owned by Kebotix that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kebotix.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEITHER KEBOTIX NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Kebotix Parties”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE, OR THAT OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. WITHOUT LIMITATION, KEBOTIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

NEITHER KEBOTIX NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SITE OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH KEBOTIX PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that Kebotix is liable for damages, in no event will Kebotix’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $100. You hereby agree to defend, indemnify, and hold Kebotix harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Kebotix arising out of or from your use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You agree that the provisions in this paragraph will survive any termination of this Agreement.

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to Kebotix are of a unique and irreplaceable nature, the loss of which will irreparably harm Kebotix and which cannot be replaced by monetary damages alone so that Kebotix will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

Applicable Law

By visiting the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Kebotix. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.

Miscellaneous

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kebotix to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by discontinuing use of the Site. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Kebotix if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason Kebotix’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Kebotix’s prior written consent. This Agreement (including the Kebotix Privacy Policy) contains the entire understanding of you and Kebotix, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Statute of Limitations

You and Kebotix both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Site Policies, Modification, and Severability

Kebotix may change, modify, suspend, or discontinue in its entirety or any aspect of the Site at any time in accordance with the Kebotix Privacy Policy. You should visit this page whenever you use the Site to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Site. Your continued use of the Site following any revision to this Agreement constitutes your complete acceptance of any and all such changes. If any of these terms or conditions are deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.