Terms of Use

Acceptance of Contract Terms

The following are terms of a legal agreement between you and KATUN CORPORATION (“KATUN “). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by KATUN from its offices within the United States. KATUN makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. KATUN has no duty to update this Site or the materials on this Site and KATUN shall not be liable for any failure to update the Site or such materials. This Agreement has been made in and shall be construed and enforced in accordance with Minnesota law. Any action to enforce this agreement shall be brought exclusively in the federal or state courts located in Minneapolis, Minnesota. You consent to the personal jurisdiction of such courts.

Use Restrictions

You are solely responsible for maintaining the secrecy of your password(s).

The copyright in all material provided on this Site is held by KATUN or by the original creator of the material. Except as explicitly stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of KATUN or the copyright owner. KATUN reserves the right at its sole and exclusive discretion to refuse your offer of copying or quotation. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify, copy or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without KATUN ‘s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You agree not to reverse engineer, hack, “spam,” block, disrupt, or otherwise change or alter the Site, and to do so may subject you to legal liability. KATUN will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

Organization/Corporate Users

Organization/Corporate users of the Site are responsible for their employees, directors, officers, and agents as users of this Site, and are specifically responsible and liable for any and all damages created thereby, and for notifying KATUN of the termination of said user’s authorization to use this Site. Organization/Corporate users are also responsible and liable to pay for all goods and services purchased through use of this Site. If you purchase products through this site and issue a purchase order, your purchase orders will be accepted by KATUN for accounting convenience only. No terms or conditions contained in any purchase order shall amend this Agreement or the information you have submitted to KATUN via your online order, or shall otherwise constitute an agreement between the parties.

U.S. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of KATUN ‘s proprietary rights in them.

KATUN Trademarks and Service Marks

A partial list of Trademarks owned by KATUN follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of KATUN should be referred to KATUN at U.S. 1-952-941-9505.

DISCLAIMER OF WARRANTIES

THIS SITE AND ANY MATERIALS, DATA OR INFORMATION OF ANY KIND CONTAINED ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND. KATUN MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CONFIDENTIALITY (EXCEPT AS SET FORTH BY SPECIFIC WRITTEN AGREEMENT) OR COMPLETENESS OF SUCH MATERIALS, DATA AND INFORMATION OR OF THIS SITE, AND, TO THE EXTENT PERMISSIBLE BY LAW, KATUN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THIS SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THIS SITE. FURTHER, KATUN DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, “TIME BOMBS”, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KATUN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR “LINKS” ON THIS SITE, EVEN IF KATUN OR A KATUN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE LINKS ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Warranties

You represent, warrant and covenant (a) that no materials of any kind submitted by you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You hereby indemnify, defend and hold harmless KATUN and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (or any user of your account) of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. KATUN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Prohibited Conduct

You must refrain from using the KATUN web site for any of the following acts:

1. Infringing the legal rights (including the rights of privacy and publicity) of KATUN and/or others.
2. Causing any damages or disadvantage to KATUN and/or others.
3. Disturbing public order.
4. Criminal act.
5. Uploading false information including, but not limited to, others’ IP address and password.
6. Using the KATUN site for any commercial purpose.
7. Defaming, disgracing or libeling KATUN and/or others.
8. Uploading files that contain virus corrupted files that may cause damages to the company.
9. Any unlawful activities or any other activities that KATUN deems inappropriate.

Our Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by KATUN or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to KATUN will be handled in accordance with KATUN ‘s Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Links

This Site may contain links to other Internet sites. Such links are for your convenience only and KATUN is not responsible for the content of any site linked to or from this Site. Links from the Site to any other site do not mean that KATUN approves, endorses or recommends that site. KATUN disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

Terms of Use Revisions

KATUN may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should agree to regularly visit this page to determine the then current Terms of Use to which you are bound.

Official correspondence concerning this site must be sent to:

Katun Corporation
Marketing Communications
10951 Bush Lake Road
Minneapolis, MN 55438