Terms of Use
Terms of Use
Acceptance
The following is an agreement (“Agreement”) between you (or “Customer”) and KOLBE CORP, an Arizona corporation. By accessing, browsing and/or using this website (“Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. KOLBE CORP may modify this terms of use from time to time and post those modifications here on this web page. Your continued use of the Site after any such modification constitutes your acceptance of the modified agreement. The material provided on this Site is protected by law. This Site is controlled and operated by KOLBE CORPfrom its offices within the United States. KOLBE CORP makes no representation that materials on 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 locations other than the United States, do so on their own initiative and are responsible for compliance with all applicable laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Arizona. The state and federal courts located in Phoenix, Arizona, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.
Use Restrictions
Except as expressly permitted by KOLBE CORP, none of the material may be copied, reproduced, distributed, republished, downloaded, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of KOLBE CORP or the copyright owner. Permission is granted to you to display the materials on this Site for personal, non-commercial use only, provided you do not modify 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. Upon termination, you must immediately destroy any downloaded and printed materials. In addition to termination for breach of the aforementioned terms, KOLBE CORP reserves the right to terminate your account at any time for any reason. You also may not, without KOLBE CORP 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.
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 KOLBE CORP's proprietary rights in them.
Intellectual Property
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. A list of U.S. trademarks or trademark applications (“Trademarks”) owned by KOLBE CORP follows:
- Kolbe Youth Specialist (serial no. pending)
- Creativity Cubes (serial no. pending)
- Instinct ID Natural Abilities Assessment (serial no. pending)
- Student Aptitude Quiz (serial no. pending)
All other trademarks are the property of their respective owners.
Changes
Information on this Site may be changed or updated without notice. KOLBE CORP may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Availability
Information which KOLBE CORP publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that KOLBE CORP intends to announce such products, programs or services in your country. Consult KOLBE CORP for information regarding the products, programs and services which may be available to you.
Information “AS IS”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY KOLBE CORP ON AN “AS IS” BASIS ONLY. DYNAYMYND, INC. PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KOLBE CORP BE LIABLE FOR ANY 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 ON THIS SITE, EVEN IF KOLBE CORP OR A KOLBE CORP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL THE TOTAL LIABILITY OF DYANMYND, INC. UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE. 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.
Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
KOLBE CORP 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 KOLBE CORP 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 KOLBE CORP will be handled in accordance with KOLBE CORP Privacy Policy. 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.
Revisions
KOLBE CORP may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Digital Millennium Copyright Act (“DMCA”) Notice
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.