Terms of Use
Welcome to the Carbon Mountain LLC ("Carbon Mountain") Web site (the "Web Site").
When you access this site, you acknowledge that you have read and agree to abide
by the terms described below. If you do not agree to the terms discussed here, you
should exit this site now. By accessing, using or downloading any materials from
the Web Site, you agree to follow and be bound by these notices, terms and conditions
(the "Terms").
GENERAL USE
All materials provided on this Web Site, including but not limited to information,
documents, products, logos, graphics, sounds, images, software, and services
("Materials"), are the intellectual property of Carbon Mountain or in the case of
a third party ("Third Party'), Carbon Mountain has obtained the permission of the
owner of the intellectual property to make it available on this website. Except as
stated herein, none of the Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means,
including but not limited to electronic, mechanical, photocopying, recording, or other
means, without the prior express written permission of Carbon Mountain.
Except where expressly provided otherwise by Carbon Mountain, nothing on this Web
Site shall be construed to confer any license, offer for license or sale under any
of Carbon Mountains or any third party's intellectual property rights. You
acknowledge sole responsibility for obtaining any such licenses.
Carbon Mountain hereby grants you permission to display on your computer, download
and print pages from this Web Site provided the content is only used for personal,
educational and non-commercial use. You must retain copyright and other notices on
any copies or printouts you make. Certain of the Materials available on this site
are "open source". Materials subject to the corresponding open source licenses and
are so marked - use of those Materials is governed by the individual applicable
license. Any unauthorized use of any Materials contained on this Web Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites ("Linked Sites") controlled by parties other
than Carbon Mountain. Carbon Mountain is not responsible for and does not endorse or
accept any responsibility for the contents or use of these third party web sites. We
provide these links to you only as a convenience. If you link to, or purchase any products
or services from, any such Linked Sites, you do so entirely at your own risk.
SOFTWARE USE RESTRICTIONS
Any software ("Software") that is made available to you to download from this Web Site is
the copyrighted work of Carbon Mountain and/or third parties. Your use of the Software is
governed by the terms of the end user license agreement which accompanies or is included
with the Software ("License Agreement"). You will not install any Software that is
accompanied by or includes a License Agreement, unless you first agree to the terms of the
License Agreement.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
SUBMISSIONS
Except where expressly provided otherwise by Carbon Mountain, all comments, feedback,
information or materials submitted to Carbon Mountain through or in association with this
Web Site ("Submissions") shall be considered non-confidential and Carbon Mountain.s property.
By providing such Submissions to Carbon Mountain, you agree to assign to Carbon Mountain, at
no charge, all worldwide rights, title and interest in copyrights and other intellectual
property rights to the Submissions. Carbon Mountain shall be free to use and/or disseminate
such Submissions on an unrestricted basis for any purpose. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not Carbon Mountain, have full
responsibility for the Submissions, including their legality, reliability, appropriateness,
originality and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CARBON MOUNTAIN, THIS WEB SITE AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. CARBON MOUNTAIN MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF
THIS WEB SITE OR ANY CONTENT. CARBON MOUNTAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CARBON MOUNTAIN DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY,
FROM YOUR USE OF THIS WEB SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER
SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS,
BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEB SITE OR
ANY CONTENT. CARBON MOUNTAIN MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION,
OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
(IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND THE
SERVER ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEB
SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY
THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEB SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED
BY CARBON MOUNTAIN AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
LIMITATION OF LIABILITY
CARBON MOUNTAIN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL CARBON
MOUNTAIN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THIS WEB SITE, EVEN IF CARBON MOUNTAIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST CARBON MOUNTAIN
FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE
USE OF THE MATERIALS. YOU AGREE TO HOLD CARBON MOUNTAIN HARMLESS FROM, AND YOU COVENANT NOT TO
SUE CARBON MOUNTAIN FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS
Carbon Mountain controls this site from its Athens, Ohio, USA offices; other Carbon Mountain sites
may be administered and operated from various locations inside and outside the United States. If
you use this website from other locations you are responsible for compliance with applicable local laws.
Carbon Mountain makes no representation that the products and services referenced herein are appropriate,
or available, worldwide and, in fact, certain products and services may not be available worldwide.
EXPORT CONTROL
By using this Web Site, you represent and warrant that you are not located in, under the control of,
or a national or resident of any country to which the United States has embargoed goods. You agree
you will not export or re-export any goods or products unless you have complied with all applicable
U.S. and foreign government export controls and approvals. Carbon Mountain makes no claim that content
contained on this Web Site is appropriate or may be downloaded outside the United States. If you access
this Web Site from outside the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
GENERAL
This Web Site may include inaccuracies or typographical errors. Carbon Mountain may make improvements
and/or changes in the products, services, programs, and prices described in this Web Site at any time
without notice. Carbon Mountain may periodically make changes to the Web Site. Any action related to
these Terms will be governed by Ohio law and controlling U.S. federal law. No choice of law rules of
any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the
Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Carbon
Mountain has the right to revise these Terms at any time without notice by updating this posting. Any
rights not expressly granted herein are reserved by Carbon Mountain.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless
expressly permitted by Carbon Mountain. Carbon Mountain, the Carbon Mountain logo, KaOS, vKaos, AppQueue,
Cloudinit and other Carbon Mountain product names referenced herein are trademarks of Carbon Mountain LLC
and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and
in other countries. All other product names, company names, marks, logos, and symbols are trademarks of
their respective owners.
JURISDICTION
This agreement and all claims relating to the relationship between the parties are governed by the Federal
laws and the laws of the State of Ohio, U.S.A. without regard to choice of law provisions. If one or more
of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by
any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability
of the remaining provisions.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Carbon Mountain respects the intellectual property rights of others. Carbon Mountain may, in appropriate
circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or
intellectual property rights of others. If you believe your work has been copied and is accessible at our
web site in a way that constitutes copyright infringement, or that our web site contains links or other
references to another online location that contains material or activity that infringes your copyright, you
may notify us by providing our copyright agent the information required by the U.S. Online Copyright
Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:
By Mail:
Copyright Agent
Carbon Mountain LLC
4820 Fisher Road
Athens, OH 45701
USA
