Konsear Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.
Welcome to Konsear.com!
1. Your Acceptance
The terms constitute a binding legal agreement in electronic form between you and Evaltech, Inc. They also govern your use of the website and/or apps offered by Konsear at Konsear.com (including any mobile, web, merchant-specific, city-specific or other area-specific versions or sections), and all products or services accessed through the use of Konsear.
The terms also include:
i. Conditions of use;
iii. Legal notices and other communications.
If you do not agree to these terms, please stop accessing or using any of our services immediately. By using Konsear, you have accepted all the terms.
2. Electronic Communication
You agree to receive communications from Konsear in an electronic form and that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
4. Conditions of Use
You are permitted to use the Konsear website and/or app if you fulfil the following conditions:
i. You are at least 21 years old;
ii. You will comply with these terms;
iii. You are able to form a binding contract with us;
iv. You are not prohibited by law from accessing Konsear or have not previously been banned, terminated or otherwise denied access to the website or app by us;
v. You are not acting on behalf of a person whose access to our services has been previously terminated or otherwise denied by us;
vi. You will not be impersonating another Konsear user.
You are required to register by creating an account with Konsear, either by registering directly with us or by allowing a Konsear application to connect through your Facebook or LinkedIn profile, in order to obtain access to our services. You agree to provide only accurate, complete registration information, and you will keep, maintain and update that information as and when it might change. When you register, you can choose a unique username and password. Access to Konsear will not be authorized by any other person or entity using your username and you alone are responsible for preventing such unauthorized use. Also, you are solely responsible for any and all access to Konsear by anyone using your username. If you believe your account has been compromised in any way, please notify us immediately.
6. Ownership of Our Content
The app and website services, including past, present and future versions, and all content that are included in, on or that are otherwise a part of the all content, are owned, controlled or licensed by Evaltech, Inc. None of our content may be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Evaltech, Inc., unless and except as is expressly provided in these terms.
All content under Evaltech, Inc. is copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Evaltech, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of their original content. You agree to abide by any and all additional copyright notices, information or restrictions.
Trademarks and service marks, including, without limitation, the brand \\\"Konsear\\\", are trademarks of Evaltech, Inc. You agree not to display or use, in any manner, any such marks without Evaltech\\\'s prior written permission. Without limitation of the preceding, you may not use any Meta tags using our names or trademarks without our expressly written consent. You agree to abide by any and all additional trademark notifications, information or restrictions.
9. Access to Konsear
Subject to your compliance with the terms, we grant you a limited license to access our services for your personal use. You are expressly prohibited from engaging in any of the following activities:
i. Resale or commercial use of our offers and content or materials found in the app or on the website;
ii. Collection and use of any product listings, descriptions or prices other than your own personal use, including, without limitation, any purpose competitive to Konsear, such as, and without limitation, commercial uses or marketing.
iii. Downloads or copying of website or account information for any reason apart from personal use, or any use of data mining, robots or similar data gathering and extraction tools;
iv. Deep-linking to any portion of the website and app;
v. Framing or utilizing framing techniques to enclose or include any portion of the Konsear app or website in another web page or other medium without our written consent;
vi. Access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
vii. Attempting to gain access to secured portions of our services to which you do not possess access rights;
viii. Generation of unsolicited email advertisements or spam;
ix. Search of information or interfering in any way with the proper functioning of our services.
Any unauthorized use found thereon shall immediately call for termination of the permission or license granted by us in these terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Konsear.com so long as the link does not portray us or any of our products or services in a false, misleading, or offensive way. However, you may not use any of our logos or trademarks as part of the link without our permission.
10. Third-Party Links and Content
Konsear, or communications sent to you by Konsear, may include third-party content or links to third-party websites that we do not control, maintain or endorse. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
11. User Content
Konsear gives you the opportunity to post reviews, comments, photos, questions and other content on the app and website. You are required to abide by the following conditions when posting anything on through the app or on the website:
i. You agree not to post content that is illegal, obscene, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
ii. You agree not to post content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
iii. You may not use a false e-mail address or impersonate any person or entity or otherwise mislead as to the origin of User Content. Konsear reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review the content.
iv. By submitting aforementioned type of content, you give Konsear a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and for display. You grant us the right to use the name that you submit in connection with such User Content at our discretion.
v. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and that the content is accurate. You agree to indemnify Konsear for all claims resulting from User Content that you submit as Konsear takes no responsibility and assumes no liability for your submissions.
vi. You agree that Konsear may, but is not required to, remove content that you post, without notice to you, if we determine, in our sole discretion, that it violates any of the terms and conditions of use for the app and/or the website.
12. Product or Offer Submissions/Publications
Konsear will not accept unsolicited submissions for business ideas, web sites, articles or other products or services. We intend to avoid the possibility of future issues when projects developed by Konsear might appear to be similar to their own creative ideas. Please refrain from making unsolicited submissions to Konsear. Although, if you decide to make any such unsolicited submissions, you will grant Konsear irrevocable rights and license to the submission as if it were User Content (please see above).
If you, or any of your business associates or affiliates, are publishing an offer related to consumption of an Alcohol, including, but not limited to, Wine Tasting, Happy Hour, etc. you and your business will be solely responsible for abiding by the laws of the jurisdiction governing the sale, use and consumption of alcohol wherever you are doing business.
�It is important for you to review the law of the jurisdiction where you are doing business. We provide the following link for your review as a guide and for your information and education ONLY, and without providing legal or other professional advice of any kind:
You are hereby advised and agree to consult with the appropriate professional before taking any action that would require professional advice.
If you are not legally able to accept these terms, or refuse to abide by and comply with this agreement and the law of your jurisdiction, you must cease use of the app, website and/or any other services immediately and agree not to publish any offer You agree that Konsear may, but is not required to, remove any offer or other content that you post, without notice to you, if we determine, in our sole discretion, that it violates the laws of any jurisdiction.
13. Agreement Termination
If for any reason, you want to terminate your legal agreement with Konsear, you may do so by notifying Konsear and deleting your account. Konsear will reconcile your account within thirty (30) days of closure and make adjustments for any positive fund balances.
Konsear may, at any time, terminate the agreement if:
i. You have breached any provision or you do not comply with this agreement;
ii. Konsear is required by law to do so;
iii. Konsear decides that the provision of services rendered to you is no longer commercially viable.
Keep in mind that Konsear reserves the right to discontinue any product or service at any time and in its sole discretion and may immediately terminate or suspend your account in the event of any conduct by you which Konsear considers to be unacceptable. In the event of termination, you agree to immediately cease access to our services.
14. Exclusion of Warranties
WE PROVIDE THE APP AND/OR ANY WEBSITES AND ALL SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the app websites, services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THE APP AND/OR THIS WEBSITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT KONSEAR’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONSEAR AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE APP, WEBSITE AND/OR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE APP AND/OR ANY OF OUR WEBSITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE APP AND/OR ANY OF OURWEBSITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE APP AND/OR ANY OF OUR WEBSITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM KONSEAR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A KONSEAR REPRESENTATIVE SHALL CREATE A WARRANTY.
15. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE APP, OUR WEBSITES AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KONSEAR, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE APP AND/OR ANY OF OUR WEBSITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
For Jurisdictions that do not allow us to limit our liability:
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.� Specifically, in jurisdictions where it is not legally permitted, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.� FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, \\\"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\\\"� YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.� YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
AS SET FORTH EARLIER IN THIS AGREEMENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE KONSEAR FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
16. Arbitration of Disputes Governed By Arbitration
This agreement and any arbitration shall be governed by the Federal Arbitration Act and or the laws of the State of Connecticut, whichever applies.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $1,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs.
You and Konsear may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where Evaltech, Inc. is registered.
A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Konsear shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or Konsear customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights.
We also each agree that any litigation or alternate dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in the State of Connecticut.
17. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless Konsear, and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney\\\'s fees) arising from:
i. Your use of and access to Konsear;
ii. Your violation of any term of these terms or this Agreement;
iii. Your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or
iv. Any claim that any User Content submitted by you causes damage to a third-party.
This defense and indemnification obligation will survive the termination of this Agreement and your use of the app, any of our websites and/or Services. Konsear reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted through the app or on the websites and from any claims related to the conduct of any other customers of ours or any Merchants.
18. Applicable Law
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and Evaltech that arises out of this Agreement shall be governed by the laws of the State of Connecticut and the United States, without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act and the applicable laws of the State of Connecticut.
19. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner\\\'s agent and find any content in the app, on any of our websites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing:
i. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work(s) claimed to have been infringed;
iii. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
iv. Your contact information, including an address, telephone number and, if available, an e-mail address;
v. A statement 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 that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
20. Entire Agreement, Changes to this Agreement and Waivers
Your use of Konsear after any modifications to the Terms will indicate that you accept and agree to the modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Konsear’s rights hereunder shall not be valid or effective except in a written agreement. No purported waiver or modification of this agreement by Konsear via telephonic or email communications shall be valid.
21. General Terms
A. Independent Contractors:You and we are independent contractors, and nothing in this agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this agreement. We may assign this agreement at any time without notice to you. You may not assign this agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid.
B. Severability:Should any part of this agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this agreement will not be considered a waiver of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.
C. Claims within One Year:YOU AND KONSEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO KONSEAR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
D. Our Reliance on Your Representations: You represent that you are legally able to accept these terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this agreement, and to abide by and comply with this agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this agreement, you must cease use of the app, all of our websites and/or Services immediately.
E. Agreement as to Language of Agreements and Communication between the Parties: The parties hereto confirm their express wish that this agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
22. Additional Terms
Below are additional terms applicable to your use of the app and access to the websites and certain Services offered by Konsear or its third party partners or affiliates through Konsear: