Terms of Access
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Komercos Property”), and the features at this Komercos Property, are subject to these Terms of Access (“Terms”). The Komercos Property is owned or controlled by Komercos Tools, Inc. and its parent company, subsidiaries, division, affiliates, and brands (“collectively Komercos”). By accessing this Komercos Property in any way, including, without limitation, browsing this Komercos Property, using any information, and/or submitting information to Komercos, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.
From time to time we may update this Komercos Property and these Terms. Your use of this Komercos Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Komercos may, in its sole discretion, and at any time, discontinue this Komercos Property or any part thereof, with or without notice, or may prevent your use of this Komercos Property with or without notice to you. You agree that you do not have any rights in this Komercos Property and that Komercos will have no liability to you if this Komercos Property is discontinued or your ability to access the Komercos Property or any content you may have posted on the Komercos Property is terminated.
By accessing or linking to this Komercos Property, you assume the risk that the information on this Komercos Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Komercos Property at any time, without notice and without liability.
All information provided on this Komercos Property is subject to change without notice. While efforts have been made to make this Komercos Property helpful and accurate, due to the open nature of this Komercos Property, and the potential for errors in the storage and transmission of digital information, Komercos does not warrant the accuracy of information obtained from this Komercos Property.
ACCESS AND USE OF KOMERCOS PROPERTY
Access to this Komercos Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Komercos computer system or other information contained on the system for any purposes is strictly prohibited.
Content on this Komercos Property that is provided by Komercos or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Komercos Content”) is the property of Komercos and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Komercos Content located on the Komercos Property for use in any publications, in public performances, on websites other than this Komercos Property for any unpermitted commercial purpose, in connection with products or services that are not those of Komercos, in any other manner that is likely to cause confusion, that disparages or discredits Komercos and/or its licensors, that dilutes the strength of Komercos’s or its licensors’ intellectual property, or that otherwise infringes Komercos’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Komercos Content or User Content that appears on this Komercos Property.
USE OF THE KOMERCOS PROPERTY AND POSTING POLICY
The following requirements apply to your use the Komercos Property: (a) you will not use any electronic communication feature of the Komercos Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Komercos Property for any commercial transactions that are unrelated to the purposes for which the Komercos Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Komercos Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Komercos; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Komercos, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Komercos Property, or feature of the Komercos Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Komercos Property or features therein. Komercos may cancel your account and delete all User Content associated with your account at any time, and without notice, if Komercos deems that you have violated these Terms, the law, or for any other reason. Komercos assumes no liability for any information removed from our Komercos Property, and reserves the right to permanently restrict access to the Komercos Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Komercos Property, you hereby grant to Komercos a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Komercos Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Komercos or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Komercos receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Komercos’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Komercos’s use of any similar Ideas, whether based on your User Content, provided to Komercos by third parties, or independently developed or considered by Komercos, shall be without obligation to you.
You agree to indemnify and hold Komercos, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Komercos or this Komercos Property.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Komercos makes no representations about the reliability of the features of this Komercos Property, the Content, User Content, or any other Komercos Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Komercos makes no representations regarding the amount of time that any Content or User Content will be preserved.
Komercos does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Komercos without the prior review and written approval of Komercos.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KOMERCOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KOMERCOS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KOMERCOS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL KOMERCOS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF KOMERCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Komercos Property may be linked to other sites which are not maintained by Komercos. Komercos is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Komercos of the linked sites. Komercos disclaims any liability for links: (i) from another site to the Komercos Property and (ii) to another site from the Komercos Property.
These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Lake County, Illinois. These Terms operate to the fullest extent permissible by law. Accessing materials on this Komercos Property by certain persons in certain countries may not be lawful, and Komercos makes no representation that materials on this Komercos Property are appropriate or available for use in locations outside the United States. If you choose to access this Komercos Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If Komercos fails to act with respect to your breach or anyone else’s breach on any occasion, Komercos is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Komercos, and is accepted by you upon your use of the Komercos Property. These Terms constitute the entire agreement between you and Komercos regarding the use of the Komercos Property. By using the Komercos Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.