Kateeva’s Terms of Use

Kateeva, Inc. (“Kateeva”) operates this website (the “Website”) to provide online access to information about Kateeva, its products and services, and related matters. By accessing and using this Website, you agree to each of the Terms of Use and conditions set forth herein, as such terms and conditions may be amended from time-to-time in accordance with the below (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions (excluding any links to third party sites). By continuing to access and use the Website, you are deemed to have understood and agreed to these Terms of Use. If you do not accept these Terms of Use, you may not access and/or use the Website.

Warranty Disclaimer; Limitation of Liability

The site and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force. Kateeva does not warrant the accuracy, reliability or completeness of any information contained on this Website, nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this Website you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk. Kateeva assumes no responsibility, and shall not be liable, for any damages of any nature caused by the use of this Website. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing on this Website.

Usage of Website

(a) You shall use the Website for lawful purposes only.

(b) You shall not post or transmit through the Website any information or material that violates or infringes in any way the rights of others (e.g., copyrights and trade secret rights), or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.

(c) You shall not post or transmit through the Website any information or material that encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines.

(d) You shall not post or transmit through the Website any information or material that is in violation of these Terms of Use or, without Kateeva’s prior written approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that, in Kateeva’s opinion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. The Website contains information and material, including, but not limited to, text, software, photos, video, graphics and audio (collectively “Content”), which are derived in whole or in part from information and materials supplied by Kateeva and other sources, and are protected by international copyright, trademark and other laws. Except as otherwise noted, Kateeva owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software). You acknowledge that you do not acquire any license, ownership or other rights to the Content by using the Website. Modification of the Content or use of the Content for any other purpose is a violation of Kateeva’s or such other sources’ copyright, trademark, and other proprietary rights and may violate other laws. The use of any such Content on any other website or networked computer or environment is prohibited without Kateeva’s express written consent. If you breach any of these Terms of Use, your authorization to use the Website automatically terminates. For the avoidance of doubt, Kateeva reserves the right to terminate access to this Website at any time and without notice.

Privacy Policy

Kateeva’s Privacy Policy, posted separately on this website is incorporated by reference herein.

Limitation of Liability

Your access and use of the Website is at your sole risk. If you are dissatisfied with any of the Content contained in the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. Under no circumstances will Kateeva, its parents, subsidiaries, affiliates, its suppliers or other third parties mentioned on the Website or involved in creating, producing, or delivering the Website, be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Website any websites linked to the Website, or any materials contained at any or all such Websites (including but not limited to those caused by, or resulting from, infringement and alleged infringement, a failure of performance, error, omission, linking to other websites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Kateeva was advised of the possibility of such damages. In no event will Kateeva’s total liability to you under or arising out of these Terms of Use exceed one-thousand dollars (USD 1,000). Kateeva shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.

Information Provided by You

It has been and remains Kateeva’s policy not to accept or consider ideas, suggestions or materials other than those that Kateeva has specifically requested from you. Accordingly, Kateeva does not want you to, and you should not, send any confidential or proprietary information to Kateeva through the Website unless specifically requested by Kateeva. Please note that any unsolicited information or material sent to Kateeva will be deemed not to be confidential or proprietary and you hereby waive any moral rights therein in favor of Kateeva. By submitting information and material to the Website, you contemporaneously grant to Kateeva (or warrant that the owner of such information and material has expressly granted to Kateeva) ownership of such information and material (in whole and in part) and any and all intellectual property rights associated therewith (including, for avoidance of doubt, copyrights). You also agree that Kateeva is free to use any ideas, concepts, know-how, or techniques that you send to Kateeva for any purpose. As further provided above, Kateeva does not want to receive, and you are deemed to covenant and agree through the use of the Website not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post, or otherwise make available on the Website, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).  You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Amendments

Kateeva reserves the right, in its sole discretion, to amend these Terms of Use at any time and correct any errors or omissions in any portion of the Website and Content (as such term is defined below). Such changes shall be effective upon publication on the Website. Content may also be changed, modified, added, or removed or updated without notice at any time; however, Kateeva is under no obligation to update Content. Kateeva may also make changes in the services, products, programs or prices (if any) described in the Website at any time without notice. Your continued use of the Website after any amendment Kateeva makes to the Website will be considered acceptance of such amendments. Kateeva further reserves the right to terminate or suspend the operation of this Website for any or no reason. You should revisit these Terms of Use from time to time to review the then-current version, as they are binding on you.

Miscellaneous

Any opinions, statements, services, offers or other information or content expressed or made available on the Website by any third party are those of the respective author(s) or distributor(s) and not of Kateeva. Kateeva may provide, as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website you may access through this one. Kateeva disclaims any and liability arising from the content or the use of any non-Kateeva website linked to this website. If you use websites that are linked to this Website, you do so at your own risk and responsibility. Kateeva makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of the products and/or services described thereon. Furthermore, linking to sites operated by other entities and persons does not imply that (1) Kateeva is affiliated or associated with those entities or persons or (2) any linked site is authorized to use any trademark, trade name, logo, or copyright of Kateeva.You may not use the Website or export information and Content in violation of the export laws of the United States or any other country. If you access the Website from a location outside of the United States, you are responsible for compliance with all applicable laws. The Website is owned and operated by Kateeva from its offices in the United States. Content published at the Website may refer to products, programs, or services that are not available in your country. Furthermore, Kateeva makes no representation that the Content at the Website are appropriate or available for use from locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. These Terms of Use shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Northern District of California for the adjudication of any dispute hereunder or in connection herewith, and you hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, or that such courts are improper or inconvenient venue for the adjudication of such dispute. These Terms of Use constitute the entire agreement between Kateeva and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within six (6) months after the claim or cause of action arises.

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