Kabria, Inc. (KABRIA) provides online services (the Service) through its website at hardyhound.com. (the Website) This Terms of Use Agreement (Agreement) sets forth the terms of use for the Website. By using the Website you (USER) agree to the terms of use set forth in this Agreement. If you do not agree to the terms of use contained herein you should immediately cease all usage of the Website. KABRIA reserves the right, at any time, to modify, alter, or update the terms of use contained in this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The Service KABRIA is providing USER includes access to content and services relating the promotion and sale of nutritional products and services. Unless explicitly stated otherwise, any new features which augment or enhance the Service, including the release of new versions, shall be subject to this Agreement.
USER must:
The Website is provided by KABRIA on an as is and as available basis. To the fullest extent permitted by applicable law, KABRIA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. KABRIA shall have no liability for any interruptions in the use of the Website. KABRIA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE.
KABRIA SHALL NOT be liable for any damages whatsoever, and in particular KABRIA shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if USER has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
USER agrees to indemnify and hold KABRIA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of USER's use of the Service, the violation of this Agreement, or infringement by USER, or other user of the Service using USER's computer, of any intellectual property or any other right of any person or entity.
KABRIA reserves the right to modify or discontinue the Service with or without notice to USER. KABRIA shall not be liable to USER or any third party should KABRIA exercise its right to modify or discontinue the Service. USER acknowledges and accepts that KABRIA does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. USER acknowledges that KABRIA is not responsible for the availability of, or the content located on or through, any third-party site. USER should contact the site administrator or webmaster for those third-party sites if USER has any concerns regarding such links or the content located on such sites. USER's use of those third-party sites are subject to the terms of use and privacy policies of each site, and KABRIA is not responsible therein. We encourage all USERs to review the privacy policies of third-party sites.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While KABRIA makes every effort to ensure that the information on the Website is accurate, KABRIA can make no representations or warranties as to the accuracy or reliability of said information. KABRIA makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and USER acknowledges that any reliance on representations and warranties provided by any Vendor shall be at USER's own risk.
The Website is operated and provided in the State of Utah. As such, KABRIA is subject to the laws of the State Utah, and such laws will govern this Agreement, without giving effect to any choice of law rules. KABRIA makes no representation that the Website or Service provided by KABRIA are appropriate, legal or available for use in other locations. Accordingly, if USER chooses to access our site USER agrees to do so subject to the internal laws of the State Utah. USER: (i) agrees that all actions or proceedings relating directly or indirectly to this Agreement shall be litigated in courts located within the State of Utah, Utah County, or such other court as KABRIA may elect, in its sole discretion; (ii) consents to the jurisdiction and venue of any such court, irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement, and consents to service of process in any such action or proceeding by personal delivery or any other method permitted by law; and (iii) waives any and all rights Seller may have to object to the jurisdiction of any such court, or to, transfer or change the venue of any such action or proceeding.
USER assumes all knowledge of applicable law and is responsible for compliance with any such laws. USER may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. USER further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of KABRIA, with all rights reserved, or is the property of KABRIA and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of KABRIA is strictly prohibited. USER agrees that it will not use any robot, spider, or other automatic device, or manual process to monitor or copy KABRIA'S web pages or the content contained therein without prior written permission of an authorized officer of KABRIA. KABRIA, kabria.com, Hardy Hound and hardyhound.com are proprietary marks of Kabria, Inc. KABRIA'S trademarks may not be used in connection with any product or service that is not provided by KABRIA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KABRIA. All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with KABRIA.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, KABRIA designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
KABRIA retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, KABRIA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. USER agrees that this Agreement and any other agreements referenced herein may be assigned by KABRIA, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between KABRIA in relation to USER's participation. USER agrees that by accepting this Agreement, USER is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.