This web page represents our Terms of Use (“Agreement”) regarding our website, located at houstonandko.com, and the tools we provide you (the “Website” or the “Services”). The terms, “we” and “our” as used in this Agreement refer to Houston & Kokare LLC (“Houston & Ko”).
By accessing or using the Website or the content provided on or through the Website, you agree to follow and be bound by these Terms of Use, our Privacy Policy and Cookie Policy. Therefore, please read the Terms of Use carefully before signing up or accessing the Website or any of the related Services. If you do not wish to be so bound, please do not use or access our Website.
Definitions
In these Terms of Use, the following terms shall have the following meanings, except where the context otherwise requires:
“Content” means data or information accessed through the Houston & Ko Website;
“Intellectual Property Rights” includes (i) copyrights and copyright applications, (ii) trademarks, service marks, trade names, and applications or registrations for any of the foregoing in any country; and (iii) patents, patent applications, continuations, reexaminations, reissues, continuations-in-part, and foreign equivalents of the foregoing, in any country;
“Privacy Policy” means the policy accessible on our Website, which details how we treat personal data of the Website’s Users;
“Users” means users of the Houston & Ko Website;
“Website” means the Houston & Ko Website.
Limited License
Houston & Ko grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of electronic documents and related services through our Website, strictly in accordance with our Legal Terms.
We reserve the right to restrict any User’s access to Houston & Ko services, temporarily or permanently in the event:
- You breach these Terms of Use or other referenced policies; or
- We believe that your actions may cause any loss or liability to other Users or to us.
Prohibitions
In using the Website, Users will not attempt to or otherwise do any of the following:
- Engage in any acts of fraud or misrepresentation;
- Provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
- Interfere with the operations of the Website;
- Infringe or violate the rights of Houston & Ko or any other person, including intellectual property rights;
- Distribute any computer viruses, worms, Trojan horses or other elements destructive to the Website; or
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Houston & Ko. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Houston & Ko aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Houston & Ko, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Houston & Ko. Houston & Ko prohibits use of any logo of Houston & Ko or any of its affiliates as part of a link to or from any Website unless Houston & Ko approves such link in advance and in writing. Fair use of Houston & Ko’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Houston & Ko. Such links are provided for your reference only. Houston & Ko does not monitor or control outside websites and is not responsible for their content.
Inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Houston & Ko inclusion of the links imply that Houston & Ko is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Content Disclaimer
Postings on our Website are made at such times as Houston & Ko determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Houston & Ko does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Indemnity; Limitation of liability
The Website is provided to you on an “AS IS” and “AS AVAILABLE” basis, and, to the extent permitted by applicable law, we exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Use of the Website shall therefore be at the sole risk of Users.
In addition, Houston & Ko makes no warranty or representation and disclaims all responsibility and liability for the following:
- Incorrect or inaccurate information;
- Statements or conduct, physical or otherwise, of any third parties; and
Availability of the Website on an uninterrupted, secure, or error-free basis. - any indirect, special, incidental or consequential damages that may be incurred by you; and
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
Users shall indemnify, defend, and hold harmless Houston & Ko and its affiliates, representatives and agents for all claims and liabilities arising out of the use of the Website.
Our Privacy Policy
Any information submitted to us, including personal information, through or in connection with the Website shall be governed by our Privacy Policy, which sets out, among other things, our data collection, retention, use and disclosure practices. The privacy policy is hereby incorporated by reference, available at https://houstonandko.com/privacy-policy/
Governing law and jurisdiction
These Terms of Use shall be governed by and construed in accordance the laws of Switzerland.
Miscellaneous provisions
Relationship with us
Nothing contained in these Terms of Use will be construed to create the relationship of principal and agent, employer and employee, partners or joint ventures with Houston & Ko under any law or regulation.
Severability
If any provision of these Terms of Use is or becomes invalid, illegal or unenforceable in any respect, it shall be ineffective to the extent of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall remain in effect.
Amendment
We reserve the right to modify or replace these Terms of Use at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of or access to the Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Entire Agreement
These Terms of Use, the Privacy Policy and any other reference policies constitute the entire agreement between Houston & Ko and you and supersede any previous oral, written or electronic communications or documents with respect to the Website and the related Services.
Contact us
If you have any concerns or questions regarding these Terms of Use, please contact us at va@houstonandko.com.
Effective date of the Privacy Policy: 29th day of March 2021
Last updated on: 29th day of March 2021