Ownership of Intellectual Property
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, clothing designs or other copyrightable elements, and the selection and arrangement thereof, and trademarks, service marks and trade names (collectively, the “Material”) are the property of Keryakos, Inc. (“Keryakos”) and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You may not mirror or frame the home page or any other pages of this Site on any other website or webpage. You may not use any of the marks or logos appearing throughout the Site without express written consent from Keryakos, or other owner thereof. You may reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Keryakos. Use of Keryakos’s and/or its licensors’ Material is only permitted with prior express written permission. You may not disassemble, decompile, reverse engineer or otherwise modify any Material. Any unauthorized or prohibited use of the Site or any Material may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Keryakos is not responsible or liable for any infections or contamination of your computer system, or delays, inaccuracies, errors or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KERYAKOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KERYAKOS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Keryakos’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Errors and Inaccuracies
We strive to provide complete, accurate and up-to-date information on the Site. Unfortunately, we are not able to ensure that the Site is always completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies, including making corrections after an order has been submitted, and to change or update information at any time without prior notice.
Third Party Hyperlinks
Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Keryakos of the third party, the third party website, or the information contained on any such site, unless expressly stated on this Site. You acknowledge and agree that Keryakos is not responsible for the availability of any such websites and that Keryakos does not endorse or warrant, and is not responsible or liable for any such website or its content. You need to make your own decisions regarding your interactions or communications with any other website. Keryakos does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Keryakos is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third party sites. As such, Keryakos will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. KERYAKOS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THIRD PARTY HYPERLINKED WEBSITES.
Applicable Law, Venue, Jurisdiction