LEGAL DISCLOSURE AND PRIVACY
STATEMENT
Access to this Site
This site is provided by Kona Bicycle Company(hereafter referred to as "Kona" )
as a service to its customers and resellers and is intended for your personal
information, education, and entertainment. This site is controlled and operated
by Kona from its home offices. By using this site you agree to the following
terms and conditions. If you do not agree to these terms and conditions, do please
not use this site or download anything from this site. Kona makes no representation
that this site is appropriate or allowed from any location outside the United
States. If you access this site from outside the United States, you are also
responsible for compliance with applicable local laws regarding such access.
Copyright Notice
Copyright © 2001 Kona, 2455 Salashan, Ferndale, Washington 98248. All rights
reserved. You should assume that, unless otherwise indicated, all material on
this site is owned by Kona and is protected by the copyright and other laws of
the United States, its treaty countries, and other jurisdictions.
Document Related Restrictions
Materials for which use is authorized do not include the design, layout or logistics
of this site. This site or parts of it are protected by copyright, trademark,
trade dress and other laws and may not be copied or imitated in whole or in part.
No trademark, logo, graphic, image or sound from this site may be copied or retransmitted
without express written permission from an authorized officer of Kona in each
instance.
Document and Site Disclaimer
KONA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION ABOUT
THE SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING ANY DOWNLOADABLE MATERIALS,
INFORMATION AND SERVICES (INCLUDING TECHNICAL SUPPORT SERVICES AND INFORMATION)
CONTAINED ON THIS SITE WHICH ARE AVAILABLE ONLY "AS IS," WITHOUT WARRANTY OF
ANY KIND, AND MAY BE USED ONLY AT YOUR OWN RISK. KONA AND ITS AFFILIATES DISCLAIM
ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE MATERIALS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. KONA DOES NOT WARRANT THAT THE MATERIALS
WILL SATISFY USER REQUIREMENTS OR THAT THE MATERIALS ARE WITHOUT DEFECT OR ERROR.
THE MATERIALS COULD CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE AND INFORMATION ADDED TO THIS SITE. ALL
SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE ON OR THROUGH THIS WEBSITE
OR OTHERWISE. KONA AND/OR ITS RESPECTIVE SUPPLIERS MAY AT ANY TIME MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR MATERIALS DESCRIBED IN OR AVAILABLE THROUGH
THIS SITE. KONA ASSUMES NO OBLIGATION TO TIMELY CORRECT ANY ERROR, INACCURACY
OR DEFECT IN THIS SITE. KONA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR ANY
DOWNLOADING OF DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE.
Limitation on Liability
REGARDING THIS SITE, AND MATERIALS, INFORMATION AND SERVICES (INCLUDING TECHNICAL
SUPPORT SERVICES AND INFORMATION) AVAILABLE THROUGH IT, IN NO EVENT SHALL KONA
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, PROFITS, GOODWILL OR LOSS OF DATA EVEN IF KONA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION ON OR AVAILABLE
THROUGH THIS SITE. SOME STATES IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR PART OF THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Trademarks Limitation
NOTHING CONTAINED IN THIS SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION,
OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARK, TRADE DRESS, LOGO OR
DESIGNATION DISPLAYED ON THIS SITE WITHOUT THE PERMISSION OF KONA OR SUCH THIRD
PARTY THAT MAY OWN SUCH INTELLECTUAL PROPERTY DISPLAYED ON THIS SITE. YOUR MISUSE
OF ANY INTELLECTUAL PROPERTY DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON
THIS SITE, EXCEPT AS PROVIDED IN THIS "IMPORTANT LEGAL INFORMATION ABOUT THIS
SITE" IS STRICTLY PROHIBITED. YOU ARE ALSO ADVISED THAT KONA WILL AGGRESSIVELY
ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING
THE SEEKING OF CRIMINAL PROSECUTION.
Securities Laws
This web site contains a number of forward-looking statements, including statements
about products under development, the expected timetable for introducing new
products and the emergence of the Kona's products as industry standards. Any
statements that are not statements of historical fact (including statements to
the effect that Kona or its management "believes", "expects", "anticipates", "plans" and
similar expressions) should be considered forward-looking statements. There are
a number of important factors that could cause Kona,s actual results to differ
materially from those indicated by such forward-looking statements, including:
market acceptance of, and demand for, Kona's products; manufacturing issues,
including availability of certain key components of the Kona products; component
quality and customer satisfaction issues; product costs; competition in Kona,s
markets; the success of Kona,s product development efforts; intellectual property
rights; the outcome of any litigation; general economic conditions; and other
factors.
Typographical Errors
In the event a Kona product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, Kona shall
have the right to refuse or cancel any orders placed for product listed at the
incorrect price. Kona shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, Kona shall issue a credit to your credit card account in the amount
of the incorrect price.
Notice
Kona may deliver notice to you by means of electronic mail, a general notice
on the site, or by written communication delivered by U.S. mail to your address
on record in Kona,s account information. There are instances where Kona requests
personally identifiable information to provide the Website visitor a service
or correspondence (promotions and mailed brochures). This information, such as
name, mailing address, e-mail address, type of request and possibly additional
information, is collected and stored in a manner appropriate to the nature of
the data by Kona and is used to fulfill your request. Kona makes every effort
to ensure the secure collection and transmission of sensitive user information
using industry-accepted data collection and encryption methodologies such as
SSL (Secure Sockets Layer). The information you provide is used by Kona to improve
the services we provide you. No user information will be redistributed or resold.
Use of Site
Harassment in any manner or form on the site, including via e-mail and chat or
by obscene or abusive language is strictly forbidden. Impersonation of others,
including a Kona or other licensed employee, host, or representative as well
as other members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any other commercial
online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Kona, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages and costs, including reasonable
attorneys, fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
Links to Third Party Sites
Links on this site will let you leave this site to other sites not under the
control of, or reviewed by, Kona. Kona is not responsible for the contents of
any linked site or any site linked to a linked site. Kona provides links to other
sites as a convenience. Inclusion or exclusion of any link does not imply endorsement
or lack of endorsement by Kona of the site or products or services available
thereat. Your linking to any off-site pages is at your own risk.
Links to Kona Sites
Kona wants to encourage links to its sites. To obtain permission to link to an
Kona site
contact joe@konaworld.com.
No trademark or logo of Kona may be used as a "hot" link to any Kona or other
site without the prior written approval of Kona.
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