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Effective Date: 4th January 2023
1.Use of Content on the Web Site
You may download, view, copy and print content, white papers, data sheets, other documents, photos, and graphics incorporated in these documents (Content) from the Web Site subject to the following: (a) the Content may be used solely for personal, informational, noncommercial purposes (unless otherwise agreed); and (b) the Content may not be modified or altered in any way. Except where Your use constitutes fair use under relevant laws and regulations, You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web Site in whole or in part without the express written authorization of KMAX ®.
2.Third Party Web Sites, Content, Products and Services
The Web Site provides links to web sites and access to content, products and services from third parties. You agree that KMAX is not responsible for the accuracy of, and content provided on, third party web sites, including opinions, advice, statements and advertisements, and understand that You bear the risk of using such external services. You should refer to the policies posted by other web sites regarding privacy and relevant policies before You use them. If You choose to purchase any products or services from a third party, Your relationship is directly with the third party. You agree that KMAX is not responsible for any loss or damage of any sort You may incur from dealing with any third party.
All materials on this Site and information contained therein, including but not limited to applications, audio, images, software, text, and video clips (hereinafter referred to as the “Content”), are protected by copyright under Chinese laws, international conventions, and copyright protection under other relevant agreements. You cannot use the Content, except relevant authorization obtained. You agree to follow all instructions on this Site limiting the way You may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. Any unauthorized use of the Content on this Web Site may violate copyright laws, trademark laws, civil and criminal statutes and other relevant laws and regulations. You further agree that when using Content from this site, You will not glean any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, nor is any such license implied nor granted.
4.Rules for Forums, Bulletin Boards, and Other User-Supplied Material
This Web Site may have an area which allows You to “chat” or upload and download materials. When using any of these areas, You agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; or (8) contain false or misleading representations of products or services. You agree to comply with any additional terms which are referred to on this Web Site.
5.Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law and regulations. Although KMAX may from time to time monitor or review bulletin boards, forums, discussions, postings and transmissions on the Site, KMAX is under no obligation to do so and assumes no responsibility or obligation arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. KMAX may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate KMAX’s policies in any way. KMAX will fully cooperate with any law enforcement authorities or court order requesting or directing KMAX to disclose the identity of anyone posting such materials.
6.KMAX’s Rights to User’s Material
If You send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, You give up any claim that any use of such material violates any of Your rights including personality rights, privacy rights, ownership or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way KMAX uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by KMAX anywhere in the world, in any medium, forever. Furthermore, KMAX is free to use, without any compensation to You, any concepts, ideas, know-how, or techniques contained in any communication You send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, You agree and understand that KMAX is not obligated to use any such ideas or materials, and You have no rights to compel such use.
Internet transmissions are never completely private or secure. You understand that any message or information You send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to KMAX does not cause KMAX to have any special responsibility to You.
8.Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in Your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in Your particular location. You should check with KMAX for the availability of specific products and services in Your area.
9.Right to Change These Terms and Conditions of Use or Content on the Site
KMAX may add to, change, or remove any part of these Terms and Conditions of Use at any time and changed content will be notified to you. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, You are indicating Your acceptance of those changes. KMAX may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You agree to indemnify, defend, and hold KMAX and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent company(collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in KMAX’s defense of any claim. KMAX reserves the right, at its own expense, to assume the exclusive explanation and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of KMAX.
11.Disclaimer of Warranties and Damages; Limitation of Liability
(1)YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, KMAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) YOU AGREE THAT THE SERVER THAT MAKES THIS SITE AVAILABLE MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO KMAX’S NEGLIGENCE, SHALL KMAX BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS, PRODUCT DESCRIPTIONS AND FUNCTIONS OF THIS SITE. THE ONLY WARRANTIES FOR KMAX PRODUCTS AND SERVICES ARE SET FORTH IN THE EXPRESS WARRANTY STATEMENTS ACCOMPANYING THE APPLICABLE CUSTOMER AGREEMENT. NOTHING HEREIN SHOULD BE CONSTRUED AS CONSTITUTING AN ADDITIONAL WARRANTY. THE CONTENT WITHIN THE SITE IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. KMAX SHALL NOT BE LIABLE FOR TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS CONTAINED HEREIN.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between KMAX and You with respect to Your use of this Site. Any cause of action You may have with respect to Your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of China, without reference to its conflicts of law rules.