KOBOLD METALS SITES TERMS OF USE
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These Terms of Use (these “Terms”) cover any use of or access to the website(s), social media sites and other on-line locations, collection forms and other such sites (collectively, the “Sites”) operated by KoBold Metals Company and our affiliated companies (collectively, “KoBold”, “we”, “us”), along with any information, text, graphics, logos, images and other content on the Sites, as well as all trademarks, trade names, logos and other such proprietary marks and designations of KoBold and its affiliates (collectively, the “Content”).
Please be sure to read these terms in detail. This establishes a binding agreement between you and KoBold. You are agreeing to abide by these Terms accordingly. If you do not understand or agree to anything in these Terms, you may not use any KoBold Sites. Use of the Sites is limited to individuals who are 18 years of age or older.
Access Rights
You may use the Sites and the Content for your personal and internal business purposes, but only for purposes of engaging with KoBold and our Sites and Content. No other rights to the Sites or Content are granted. You are solely responsible for obtaining and maintaining any equipment, technology, devices, software and other solutions necessary to access or use the Sites and Content, and KoBold does not commit that the Sites and Content will be available on or compatible with all equipment, technology, devices, software or other solutions. We reserve the right to terminate your access to our use of the Sites and/or Content, in whole or in part, at any time. Also, your access will automatically terminate without further action if you breach any of these Terms.
Acceptable Use and Restrictions
In addition to any other restrictions in these Terms, the Sites and Content may not be used in any of the following ways:
- In any way that violates these Terms or any other KoBold terms or policies referenced in these Terms;
- In any way that violates any applicable laws, rules or regulations;
- In any way that could be considered harassing, defaming, indecent, obscene, or unethical;
- In any way that violates or infringes any KoBold (or our affiliates’) or other third party’s copyrights, trademarks, or other proprietary rights or intellectual property rights;
- To copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Sites or any Content, except by use of such functionalities provided by KoBold directly via the applicable Site;
- To otherwise edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any other way modify or exploit any Sites or Content, except as expressly authorized otherwise by KoBold in writing;
- To circumvent, or attempt to circumvent, any limits, disabled access or other limits we may have placed on your access to any Sites or Content;
- To attempt to access the Sites or any Content through unauthorized third-party applications or to attempt to buy, sell, rent, lease or otherwise commercialize in any way the Sites or Content, or any access to the Sites or any Content, in whole or in part;
- reverse engineer, duplicate, decompile, disassemble, or decode the Sites or any Content, in whole or in part, or otherwise extract any underlying code, intellectual property or know how underlying the Sites or any Content;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Sites or any Content, or extract other person or entity’s content or information;
- use the Sites or Content in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites or Content, or that could damage, disable, overburden, or impair the functioning of the Sites or Content;
- upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Sites or any Content;
- attempt to circumvent any security, filtering or other such protocols, devices or techniques we employ, or attempt to access areas or features of the Sites that you are not authorized to access; or
- probe, scan, or test the vulnerability of our Sites, systems or networks.
Ownership
KoBold and its affiliates reserve all rights, title and interest in and to the Sites and Content. This includes, without limitation, all copyrights, trademark, patent and other proprietary rights and intellectual property rights in and to any of the foregoing in any applicable jurisdictions.
Content Provided To KoBold
The Sites may allow you to share content or materials with us (“Provided Materials”). Except as covered by our , any Provided Materials you provide to us, whether via the Sites or otherwise, will be considered non-confidential and non-proprietary. By providing any Provided Materials, you grant KoBold and our affiliates a perpetual, irrevocable, worldwide, transferable and fully sub-licensable, fully paid-up, royalty-free right and license to use, reproduce, modify, publish, and distribute such Provided Materials in any form, in whole or in part, and in any media or method, as KoBold or its affiliates, successors or transferees may determine in their sole discretion. KoBold makes no commitment that it will use or retain any Provided Materials in any way, and KoBold reserves the right to delete Provided Materials, in whole or in part, at any time. By providing Provided Materials, you represent and warrant that you have all rights, licenses, consents and other permissions necessary to grant KoBold the rights in these Terms in and to such Provided Materials without further action or limitation on the part of KoBold. Except as authorized under our , in no event may you submit Provided Materials that contain any content or data that is subject to any privacy or other such laws, rules or regulations.
Privacy Policy
We may collect and use Personal Data and Cookies via the Sites. For more information on how we collect and handle Personal Data and Cookies, please review our .
Third Party Content and Sites
Our Sites, Content and other communications may include access to or use of third party services, whether via website links or otherwise. We are not and cannot be responsible or liable for any such third parties, their platforms or their information security or other practices. Also, we are not responsible for the information-related policies, including without limitation any information collection, use, disclosure, or security policies of any offerings from any third party, should you choose to use their products, services or other solutions (e.g. social media platforms, operating platforms, wireless networks, storage platforms, etc. such as Facebook, LinkedIn, Apple, Verizon, Orange, AT&T, Google, Microsoft, etc.). You are solely responsible for any information you may choose to share The inclusion of a link on any Sites or in any Content or KoBold communication does not imply endorsement of the linked site or service by us. Any use and any third party sites, platforms or information is at your own risk.
Also, if we manage any Sites on social media platforms, we may utilize the communication and information collection tools provided to us by those platforms. By interacting with us on any of those social media Sites, you are agreeing we may use that information in accordance with these Terms and the terms of the applicable social media platform. You are solely responsible for reviewing and understanding the terms of the applicable social media platform, utilizing any privacy controls offered by that platform and controlling what data you may or may not make available on those platforms.
Disclaimer
KoBold and our affiliates make no representations, warranty, guarantee or other commitment about the Sites, the Content or any access to or use of any Sites or Content by you or any other person or entity, including without limitation via any particular technology, equipment or other access method. We do not commit that the Sites or Content will be accurate or complete, and we reserve the right to update, remove or modify the Sites and Content at any time as we determine is appropriate without any further notice or action. The Sites and Content are provided “as is” and “with all faults”, and we hereby disclaim any and all representations, warranties, guarantees or other covenants, express or implied, including those related to fitness for any particular purposes, non-infringement, accuracy, completeness or compliance. Any access to, reliance upon or use of the Sites or Content, in whole or in part, is solely at your own risk. In no event should any Content provided by understood to constitute financial, legal or regulatory advice or guidance of any kind. Furthermore, nothing in these Terms or in making the Sites or Content available constitutes any commitment, express or implied, by KoBold or any of our affiliates or related parties to enter into any other agreement, transaction or arrangement with you or any other person or entity.
Our Liability
To the full extent permitted under applicable law, neither KoBold nor any of our affiliates will be liable to you (or any of your representatives or other related persons or entities) for any direct, indirect, incidental, consequential, or punitive damages arising from or relating to these Terms or any Sites, including without limitation your use of any Sites or Content or inability to access or use any Sites or any Content or any damage, risks or other issues relating to any equipment, technology, devices, software and other solutions you use to access the Sites and Content. In no event will our liability to you or any third party related to you exceed USD 100 in total and in the aggregate.
Your Liability
You are fully responsible and liable for any breach of these Terms. You agree to defend, indemnify, and hold harmless KoBold, our affiliates and KoBold and our affiliates’ respective officers, directors, employees, personnel, agents, vendors, joint venturers and other representatives from and against any claims, actions, demands, liabilities, damages, judgments, fines, judicial or governmental awards, losses, costs, or expenses of any kind, including without limitation reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or any other terms or conditions referenced in these Terms or your use of any Sites in any other way other than as authorized by KoBold and its affiliates.
Updates To These Terms
We may update these Terms from time to time. We will communicate any updates by posting an updated version of these Terms with an updated date (along with any other communications required under applicable law). You are responsible for checking this site for any such updates. If you no longer wish to allow use of your Personal Data under the updated Policy, you are responsible for submitting a deletion request in accordance with the instructions below.
Governing Law
These Terms, and any claims, disputes, actions or controversy related to these Terms or your use of any Sites, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. By using any Site or Content, or submitting any Provided Materials to KoBold, you are agreeing that the state and federal courts located in San Francisco, California will be the sole venue and jurisdiction for any claims, disputes, actions or controversy related to these Terms or your use of any Sites.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms (or any other terms referenced herein), or the breach thereof, will be settled by binding arbitration; provided, upon KoBold’s request, you agree to first attempt to resolve any such controversy or claim directly in good faith for a period of at least thirty (30) days. The arbitration will be administered by JAMS in accordance with its then-current Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Unless otherwise agreed to by you and KoBold in writing (email sufficient), the controversy or claim will be arbitrated by one arbitrator, and the arbitration will take place in San Francisco, California, USA. The arbitration will be in English. The arbitrator may award monetary damages, injunctive relief, rescission, restitution, costs and attorneys’ fees. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. The arbitrator shall not have the power to amend these Terms (as it relates to your relationship with KoBold) in any respect; provided that you and KoBold may elect to adopt any recommended amendment from the arbitrator upon the mutual written agreement of you and KoBold. For clarity, nothing in this Section is intended to limit the right of KoBold or any of its affiliates to enforce its intellectual property or similar proprietary rights in any applicable court, venue or jurisdiction through other legal or alternative claims or actions.
General Terms
These Terms form a binding agreement with you and KoBold. Unless you enter into a separate, binding written agreement with KoBold or any of its affiliates for such purposes, these Terms (and any terms or policies referenced herein) form the entire agreement between you and KoBold as it relates to the subject matter discussed in these Terms. Neither these Terms nor your use of or access to any of the Sites or Content create any type of partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship, express or implied, between you and KoBold or any of our affiliates. Your rights and obligations under these Terms may not be assigned or transferred to any other person or entity without KoBold’s prior written authorization. Any waiver of any breach of default of these Terms by any party will not be deemed a waiver or release of any other breach of default. If any provision of these Terms is determined to be invalid, unlawful, or otherwise unenforceable, in whole or in part, by any court or other authority within their jurisdiction, such provision(s) will be deemed severable. Such a determination will not affect the validity or enforceability of the remaining provisions of these Terms. Headings in these Terms are provided for convenience purposes only and are not intended to modify or augment any provisions of these Terms. These Terms were written in English, and you are agreeing to use the English language as it relates to these Terms and any disputes or issues related to these Terms. Any translations are provided for convenience purposes only.
Questions About These Terms and Formal Notice
If you have any questions about these Terms or to provide us formal legal notice, please contact us at:
Email: legalnotices@koboldmetals.com
Mail: KoBold Metals, 2021 Shattuck Avenue, Suite 210 Berkeley, CA 94704, ATTN: Legal Dept.
By submitting any information to KoBold via the email addresses and other addresses listed in these Terms, you are agreeing that KoBold and our applicable providers may utilize your Personal Data to reach out to you to understand and respond to your communications, in accordance with these Terms and our .
You agree that we may provide formal legal notice to you via any email address you may provide to us, or by posting such terms on a Site. Any such notices will be deemed made by us 24 hours after sending or posting, respectively.