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Terms of Use
Copyright 2024 Biokabin, Inc. All Rights Reserved. The text, images, symbols, illustrations, graphics, sound files, animation files, code, video files, and their arrangement on Biokabin, Inc. internet sites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted.
Prices
All prices specified are current at the time of publication and subject to change without notice. They DO NOT include transaction fees, taxes at any level, handling and assembly.
No licenses
Our goal is to create an informative website showcasing Biokabin’s innovative process and building system. We hope you will be as enthusiastic as we are about our mission to make thoughtfully designed and well-built homes for everyone.
Biokabin must protect its intellectual property, including its patents, trademarks, and copyrights. Neither our website nor any material contained in it shall grant or be taken to grant any person a license to Biokabin’s intellectual property.
Additionally, by using our website, you agree not to reverse engineer, decompile, disassemble, or otherwise attempt to copy our software’s underlying ideas or algorithms. You may not create derivative works from our software or website.
No warranties or representations
THE INFORMATION ON BIOKABIN’S WEBSITES IS PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTY OF ANY KIND. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE INFORMATION SUBJECT TO PERSONAL INTERPRETATION.
BIOKABIN’S WEBSITE MAY CONTAIN LINKS TO EXTERNAL SITES FOR YOUR CONVENIENCE. THESE EXTERNAL SITES ARE NOT UNDER BIOKABIN’S CONTROL, AND, AS A CONSEQUENCE, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE.
Changes to Terms
We may revise and update this Agreement with no notice and will post the updated Agreement to the Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING.
Although we are not obligated to let you know of any changes, any changes to this Agreement will not apply to events before such changes. Your continued use of the Site or the Services will constitute your agreement to any new provisions within the revised Agreement.
Governing law and arbitration
This Agreement shall be governed in all respects by the laws of the State of Delaware, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Agreement, this Agreement will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Except as regarding any action seeking equitable relief, including to protect Biokabin’s confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to this Agreement, or the use of the Site or Services, shall be settled by binding arbitration by the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated individually and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Delaware.
Each party shall bear the burden of its own counsel fees incurred in any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
Jurisdiction
The Site and the Services are directed to those individuals and entities located in the United States. We do not direct our Site or Services to any person or entity in any jurisdiction where (because of nationality, residence, citizenship, or otherwise) the publication or availability of the Site, its content, and the Services are unavailable or otherwise contrary to local laws or regulations.
If this applies to you, you are not authorized to access or use this Site, the Services, or any related content. Biokabin makes no representation that the information, opinions, advice, or other content on the Site is appropriate or that its Services are available outside of the United States.
Those who choose to access this Site or the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Limitation of liability
YOU EXPRESSLY AGREE TO WAIVE AND HEREBY WAIVE, SUCH AGREEMENT AND WAIVER BEING AN ESSENTIAL PART OF THIS AGREEMENT, ANY AND ALL CLAIMS AND LIABILITIES AGAINST BIOKABIN THAT ARISE FROM YOUR USE OF THE SITE, THE SERVICES, CONTENT, OR PRODUCTS IN VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL BIOKABIN, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR SERVICES RELATED TO THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIOKABIN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, ANY CONTENT ON THE SITE OR THE SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE, CONTENT, OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
