Last Updated: July 6, 2011
Certain areas of the website and product and service offerings may be subject to additional terms and conditions posted by us on the website or otherwise made available by us to you. Your access to and use of the website is conditioned upon your acceptance of such additional terms and conditions.
II. WEBSITE USE
Customer Portal. Active customers of Karmak may be provided with access to certain features and functionality located on the password-protected customer portal portion of the website. Each customer login account may be used by the designated customer director, officer or employee, and may not be shared with any other individuals or entities. You are solely responsible for selecting, changing and maintaining the privacy of your username and password, and for all activity that occurs under your account. You agree to notify Karmak immediately if you suspect any unauthorized use of your account or access to your username or password.
Permitted and Prohibited Activities. You may use the public areas of the website to learn more about our company, product and service offerings. If authorized by Karmak, you may access the customer portal through your issued username and account to obtain additional customer-only functionality, information and services. You may not:
- attempt to gain unauthorized access to the customer portal, any other person’s account or Karmak customer’s pages under the customer portal, or any other private areas of the website;
- use the website for advertising, promotional or other commercial purposes, except in those forums (if any) where such activities are expressly permitted;
- transmit “junk mail,” “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications;
- use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the website;
- engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website;
- impersonate a representative of Karmak or another website user;
- “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted;
- engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another's privacy, or endangering of minors in any way;
- promote discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, age or marital status, or hatred or physical harm of any kind against any group or individual; or
- infringe, misappropriate, or violate the copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other legal duty or obligation.
III. CONTENT GUIDELINES
We are Not Responsible for User Content. We have no control over and assume no responsibility for the content posted by users of the website. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the website, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of Karmak. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.
IV. LINKS TO THIRD PARTY SITES
The website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.
V. PROPRIETARY RIGHTS
Karmak and its suppliers reserve all right, title and interest in and to the website, including but not limited to all products, services, materials, information, and compilations of information available on or through the website, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein. You may not modify, reproduce, distribute, sell, or create derivative works based upon the website, or post any content from the website to newsgroups, blogs, mailing lists or social networking sites, without our prior written consent.
From time to time, you may provide us with suggestions, comments, ideas or other feedback for the website or the products, services or information featured on the website ("Feedback"). You acknowledge and agree, on behalf of yourself and your company, that you relinquish all rights in such Feedback, and that Karmak, its successors and assigns shall be free to use, disclose and otherwise commercialize and exploit such Feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to Karmak’s website, products and services.
VI. COPYRIGHT POLICY
Karmak respects the copyrights of third parties. You may not use the website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on this website in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, Karmak, Inc., PO Box 680 Carlinville, IL 62626 by phone at: 217-854-4721, by facsimile at: 217-854- 7252, Attn: Copyright Agent; or by email at: email@example.com.
THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.” KARMAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KARMAK DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.
VIII. LIMITATIONS ON LIABILITY