Kornit Website Terms and Conditions
Welcome to kornitstore.com (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Kornit Digital Ltd. its affiliates and subsidiaries (collectively “Kornit”, “we”, “our” or “us”) in connection with your access and use of the Site and all Content displayed or made available on the Site. By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with our Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.
- Background. The Site is intended to facilitate transactions between Kornit and its customers. All transactions made through the Site are paid through Stripe, Inc. (the “Payment Gateway”) as specified in Section 9.1 below. If you purchase products and/or services from this Site, the Payment Gateway will process your payment and collect certain information to process your payment, such as your credit card, ID or bank account information. Kornit has no responsibility regarding the processing of the payment, and the collection and processing of your information thereof. For more information on the Payment Gateway’s terms and privacy policy, please refer to the Payment Gateway’s website: www.stripe.com.
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years, please do not visit or use the Site. If you are between 13 and 18 years of age, you must review these Terms with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
- Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
- Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) violate any applicable law; (ii) use the Site to post any content or take any action or actions that infringe, dilute, misappropriate, or otherwise violate any of our privacy, intellectual property, publicity, or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names).
- Account. In order to access or use some of the services or portions of the Site, you may have to create an account or use account credentials provided to you by Kornit (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission nor to allow others to use Account credentials provided to you by Kornit. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Kornit immediately of any breach of security or unauthorized use of your Account. As between you and Kornit, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to Kornit at info@kornit.com.
- Intellectual Property Rights.
- 1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Kornit and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Kornit”, the Kornit logo, and other marks are Marks of Kornit or its affiliates or licensors. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site, the Marks and the Content.
- 2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
- 3. Changes to Content. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Kornit, its users or the public.
- External Payment vendor, External Links and Payment Terms.
- 1. All transactions made through the Site are paid through the Payment Gateway. Users of the Site who have created an Account, may access information about products and prices, and may select items to purchase. When you select products and/or services and check out, you will be transferred through a gateway to the website of the Payment Gateway. The Payment Gateway will process your payment and collect certain information to process your payment, such as your credit card, ID or bank account information. Kornit has no responsibility regarding the processing of the payment, and the collection and processing of your information thereof. For more information on the Payment Gateway’s terms and privacy policy, please refer to the Payment Gateway’s website – www.stripe.com.
- 2. The Site may also contain links to third party websites that are not owned or controlled by Kornit. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release Kornit from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
- If a customer has a line of credit established with Kornit, all payments must be settled in accordance the agreed payment terms. Any payment or portion thereof not received by Kornit by its due date shall be subject to late payment interest on the total outstanding balance equal to the lesser of one and one-half percent (1.5%) per month or, the maximum amount allowed by applicable law, until paid in full.
- Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy that is available at this Site (the “Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. You also acknowledge and agree that the Payment Gateway and not Kornit, collects and processes Personal Data (or similar term as may be defined under applicable law or a relevant privacy policy) required for the facilitation of payments, and that such collection and processing are subject to the Payment Gateway’s terms and privacy policy as specified above.
- Kornit Communications. You agree that we may send you communications (via email or through the Site) regarding your use of the Site, your transactions certain products and services, and/or certain features of the Site in which you may be interested. To the extent you have opted to receive communications, updates, and newsletters, you hereby authorize Kornit, or those engaged on its behalf, to deliver such communications to you via email or through the Site.
- Warranty Disclaimers.
- 1. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- 2. The Site, including without limitation, all content and materials displayed or made available on the Site, is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. Kornit hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
- 3. The products offered through the Site are subject to Kornit’s Product Use Terms and Conditions, available at https://www.kornit.com/product-use-terms-conditions/.
- 4. Kornit does not guarantee that the Site will be free of bugs, security breaches, or virus attacks. The Site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Kornit will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, or overload of our or other servers.
- 5. Kornit does not guarantee that information, content, or materials displayed or made available to you on the Site, including without limitation, user manuals, instructions, guides, information presented in training sessions, specifications or descriptions of products or parts, information contained in the E-Catalog, are current, accurate, complete, reliable, or error-free or provide all necessary information to achieve any specific goal. Your use of any such information, content, or materials is made solely at your own risk and responsibility.
- 6. Except as expressly stated in the Site’s Privacy Policy, Kornit does not make any representations, warranties, or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during your use of the Site.
- Limitation of Liability.
- 1. To the fullest extent permissible by law, Kornit shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits, or reputation, arising under these terms or out of your use of, or inability to use, the Site, even if Kornit has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. Without derogating from the generality of the above, Kornit shall not be liable for any action or omission of third parties including the Payment Gateway.
- 2. In no event shall the aggregate liability of Kornit for any damages arising under these terms or out of your use of, or inability to use, the Site exceed USD 10.00 or the total amount of fees, if any, paid by you to Kornit for using the Site during the three (3) months prior to bringing the claim.
- Indemnity. You agree to defend, indemnify, and hold harmless Kornit and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by Kornit or you. Kornit, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, and/or any transaction performed in the Site, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Kornit shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to discontinue use of the Site immediately. Upon termination of these Terms, you shall cease all use of the Site. This Section 16 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 16 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
- Independent Contractors. You and Kornit are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Kornit. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of Kornit.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Kornit without restriction or notification to you.
- General. Kornit reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Kornit shall be governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Kornit may seek injunctive relief in any court of competent jurisdiction worldwide. These Terms shall constitute the entire agreement between you and Kornit concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.