Terms & Conditions


 

Last revised:   July 7, 2017

 

 

By using K2realm’s website and downloadable software, you agree to these Terms & Conditions. Please read them carefully.

 

INTRODUCTION

 

This website is operated by K2realm. The terms “we”, “us”, and “our” refer to K2realm. The terms “you” and “your” refer to the purchasers of a Software License from us.  The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms & Conditions. If you do not agree to the Terms & Conditions, you are not authorized to access our website, use any of our website’s services or make a purchase through our website.

 

USE OF OUR WEBSITE

 

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Terms & Conditions.

 

GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the items offered on our website or limit the sales of our products/services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be false or fraudulent. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

 

 

 

SOFTWARE LICENSE

 

Any purchase made through K2realm’s website is a limited, nonexclusive license to install and use the Software on computer or devices, provided that the Software is only used on computers/devices owned by you.  “Software” refers to the digital downloads of any and all software offered on K2realm’s website, including but not limited to plugins for other commercially available software, as well as any upgrade, updated version, modified, version or addition to the Software during the license term.  You acknowledge that your purchase is only of a limited nonexclusive license to use the Software “Software License” for the fixed term of one year from the date of purchase. K2realm is and remains the owner of all titles, rights, and interests in the Software. The Software is protected by United States Copyright Law, as well as other intellectual property laws and treaties.  There is no transfer to you of any title to or ownership of the Software and this Software License shall not be construed as a sale of any rights in the Software.  You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. K2realm reserves all rights not specifically granted herein.

 

You agree not to modify, adapt or translate the Software and further agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.  You may not rent, lease, distribute or lend the Software to third parties.  Further, you agree not to place the Software onto or into a shared environment accessible via a public network such as the Internet or otherwise accessible by others.

 

You have the option to request a 30-day trial of the software to determine if the software will meet your needs. At the end of the trial period, you must purchase a license to continue use.

 

By purchasing a Software License from K2realm, you acknowledge that your purchase is a pre-payment for a full year license of the software.  .   You can renew your license at any time so that you will not have any interruption in use of the Software at the end of the year, although there is no obligation to renew your license.  At the end of the year, your Software License will expire, and you will no longer be able to use the Software.

 

By clicking “Place my Order” you authorize your credit card to automatically be charged the amount of your order price.  After purchasing, a valid Software License will be emailed to you.

 

Please note that all transactions are processed through a third party vendor contracted with us. We do not store any of your credit card information on our servers, local hard drives or any external media.

 

TAXES

 

We will charge tax only in states where software sold over the internet is taxable.

 

RETURN POLICY/REFUNDS

 

K2realm seeks to provide a superior experience for its customers.  While we want you to be happy with all of your items received, all Software License sales are final. A 30-day trial is offered one time so that you may determine if the software meets your needs.  If you have concerns or problems with the Software, please contact us at k2_support@k2realm.com with details and we will make best efforts to determine a workable solution.  Please see our Limited Warranty, below.

 

LIMITED WARRANTY

 

The Software is subject to a limited warranty. K2realm warrants to you that the electronic download by which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of K2realm's knowledge your use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 30 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND K2REALM DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of K2realm is authorized to make any other warranties or to modify this limited warranty. 

 

Notwithstanding the foregoing, K2REALM IS NOT LIABLE TO YOU FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SOFTWARE. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website or the Software. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

 

 

NEWSLETTER

 

During the website registration process, at your election, we may collect your name and e-mail address for purpose of dissemination of our newsletter on a periodic basis via e-mail.  You have the choice to cancel your subscription to our newsletter by clicking on the self-service unsubscribe link in any email from us.  You can also contact us directly via e-mail at k2_support@k2realm.com .  If contacting us via e-mail, please include your name and email address in the body of the email so that we can remove you from our contact list.  Please see our Privacy Policy to learn about how we collect and use your personal information.

 

ERRORS AND OMISSIONS

 

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description or pricing, and we reserve the right to cancel or refuse any order placed based on incorrect pricing information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

 

 DISCLAIMER AND LIMITATION OF LIABILITY

 

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. IN NO EVENT WILL WE, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, OUR WEBSITE OR THE CONTENT OR MATERIAL OR FUNCTIONALITY THROUGH OUR WEBSITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

 

 

INDEMNIFICATION

 

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website or Software, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 

ARBITRATION

 

Informal Dispute Resolution

 

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and K2realm agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

 

    (1) To K2realm at: K2realm, LLC, 3901 Highland Ave, #10, Manhattan Beach, CA 90266, Attn: Legal, or

    (2) To you at: your last-used billing address or the billing address in your website profile.

 

Both you and K2realm agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

 

Arbitration Agreement

 

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and K2realm expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

 

You may begin an arbitration proceeding by sending a letter requesting arbitration to the K2realm, LLC, 3901 Highland Ave, #10, Manhattan Beach, CA 90266, Attn: Legal. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

Waiver of Right to Bring Class Actions and Representative Claims

 

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and K2realm agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and K2realm hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

 

Other Terms

 

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

 

ENTIRE AGREEMENT

 

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

 

WAIVER

 

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

 

HEADINGS

 

Any headings and titles herein are for convenience only.

 

SEVERABILITY

 

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

 

GOVERNING LAW

 

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of State of California without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must only be brought before the courts of The United States of America or California State, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 

QUESTIONS OR CONCERNS

 

Please send all questions, comments and feedback to us at ­­­­­k2_support@k2realm.com .