Copyrights and Trademarks
The materials, products, and information available through this website ("Kodiak Content") are the property of Kodiak and are protected by copyright, trademark and other intellectual property laws. The products and information contained on this website, as well as any trademark or service mark appearing on this website may not, under any circumstances, be used, sold or distributed without the prior written consent of Kodiak.
By using this website you agree not to submit or transmit any defamatory, abusive, obscene, threatening, or illegal material or information, including another’s proprietary information, without express authorization. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement. As a condition of your use of this website, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party's use of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
Registration Information and Account Information
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Kodiak immediately of any unauthorized use of your account or password, or any other breach of security. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Agreement.
Termination and Changes
Kodiak reserves the right, in its sole discretion, to terminate or restrict your access to this site at any time, without notice and to change, suspend, discontinue any aspect of this website, including the availability of any features of this website, at any time. Kodiak also reserves the right to change, modify, add or remove any portion of this Agreement, and any policies and terms and conditions contained on the site, in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of this site after any change to this Agreement is posted will be considered acceptance of the change.
Links to Other Sites
In the event that we provide links to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that we operate or control in any way any information, products or services on these third party sites. Because Kodiak does not have control over these sites, you agree that it is not responsible for any liability resulting from the access or use of sites not owned by Kodiak; that we are not responsible for any content, advertising, product, or any other matter or issue, whether linked to, or from, the site. Further, you agree that Kodiak shall not be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with the use of other sites.
You agree to indemnify, defend, and hold harmless Kodiak, its affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, losses, damages, costs, and expenses, including attorneys' fees, arising out of your use of the website, or your violation or alleged violation of the terms of this Agreement. Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Kodiak in connection with our defense.
Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE OR ANY KODIAK CONTENT IS AT YOUR SOLE RISK. BECAUSE THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." KODIAK AND ITS AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL KODIAK OR ITS AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE OR THE KODIAK CONTENT, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOST PROFITS, LOSS DATA, BUSINESS INTERRUPTIONS, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. YOU AGREE THAT THE LIABILITY OF KODIAK AND ITS AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO KODIAK DURING THE SIX MONTH PERIOD PRIOR TO THE DATE OF THE INITIAL CLAIM.
We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so is in violation of this section and shall be null and void.
This Agreement has been made in and shall be construed in accordance with the laws of the state of Tennessee, without giving effect to any choice of law rules. You consent to the exclusive jurisdiction of the state and federal courts in Davidson County, Tennessee in all disputes arising out of or relating to this Agreement, the Kodiak Content, or this website. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You may not use or export or re-export any Kodiak Content or any copy or adaptation of such Kodiak Content, or any product or service offered on the website or through the website, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.