DISCLAIMER

 

Website Content

Katco LLC strives to provide only the most accurate information on this Website. However, no representation is made that the information on this site is always the latest available. The visitor is responsible for verifying the accuracy of any information on which he or she intends to rely.

Katco LLC reserves the right to change product features, descriptions, and performance displayed on this Website, and the terms and conditions under which the products are offered, at any time and without prior notice.

Mews Letter

Katco LLC may contact you with an electronic copy of our Mews Letter within 90 days of placing an order at which time you will be given the choice to opt out of any further solicitation from us.

Although every effort is made to review the Katio™ Website carefully for typographical and other errors, please be aware that there may be such errors in this site. We advise that you verify information upon which you intend to place any sort of reliance before acting.

This Website may contain notices about copyright, trademarks and Intellectual Property/proprietary information. Please take note of these notices and comply with them.

External Websites

This Website contains links to “external” sites. These sites were not created by Katco LLC, and we cannot be held responsible for their content, nor should the existence of a link imply any form of endorsement of the site, its content, or the party sponsoring it. The links are provided for the convenience of the visitors to the Katio™ site only.

        

TERMS & CONDITIONS

  1. Katco LLCherein known as “Company” recommends that you read the following terms and conditions carefully. By accessing or using the mykatio.com or katiodogio.com Websites (the “Website”), or using Katco/Katio products and services (collectively with the Website, the “Service”), you agree to be bound by these terms (the “Terms of Service” or the “Agreement“). This Agreement constitutes a legally binding contract between Katco LLC. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website.

This Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 20 (Dispute Resolution) for full details.

  1. Privacy Policy.By using the App and/or Website, you consent to the collection and use of certain information about you, as specified in Katco LLC Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available on the Website at https://mykatio.com/terms-of-use/or in the footer of the Website.
  2. Changes to Agreement and Privacy Policy.Internet technology and the applicable laws, rules, and regulations change frequently. Katco LLC reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website unless Katco LLC obtains your express consent, any revised Privacy Policy will apply only to information collected by Katco LLC after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.
  3. Eligibility.

4.1. By accessing and/or using the Website, including by doing so before or after accessing this Agreement, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law.

4.2. Corporate Use.If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. You also agree that you or not spying, committing corporate espionage, copying or reverse engineering any products produced by Katco LLC for the sake of reproducing or manufacturing similar or like products on any of the continents including North & South America, Europe, Asia, Australia/New Zealand or Africa as Katco LLC holds PCT/International Patents and Intellectual property in all of these regions with manufacturing in North America, Europe and Asia.

  1. License.Subject to your compliance with these Terms of Service, Katco LLC grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Katco LLC. All rights not expressly granted in this Agreement are reserved by Katco LLC. Without limitation, this Agreement grants you no rights to the intellectual property of Katco LLC or any other party or affiliation, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Katco LLC, you have breached any provision of this Agreement.
  2. Payments.All transmissions of payment information through the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. Katco LLC collects your name, address, and payment information to process your transaction. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Katco LLC.
  3. Shipping & Returns.Most orders are shipped within 3 to 5 business days. You must ship returns back to Katco LLC within 30 days of purchase at your own expense. Shipping charges will not be refunded. Any returned product must be received by us before any credits are given and must be a complete package with all parts, hardware, documents, et al in the original box, exactly how it was received when purchased.
  4. Wholesales & Retailers.

8.1. Distribution Program.To protect customers and its own goodwill, Katco LLC products are only available for purchase through Katco LLC and its authorized distributors and retailers.Katco LLC authorized distributors bear one of the following designations: (i) Exclusive Distributors, which are exclusively certified to sell and service in a specific geographic region (e.g., America, Asia, Europe), (ii) Authorized Distributors, which are certified to sell and service in a specific geographic region, but not exclusively, (iii) Authorized Sales Agents, which are certified only to sell in a specific geographic region, and (iv) Local Distribution Partners, which are certified only to sell in a specific geographic region. For purposes of this Agreement, Exclusive Distributors, Authorized Distributors, Authorized Sales Agents, and Local Distribution Partners are collectively referred to herein as “Authorized Distributors.”

8.2. Authorized Distributor Application.If you are a retailer or wholesaler interested in offering Katco LLC products to your customers, please contact us at [email protected] Please note, at this time, we are not accepting any online or brick and mortar resellers in the United States or any other International territories. Information about national and international resale will be updated at a later time when applicable.

8.3. Reseller Agreement Governs.Katco LLC may require you to enter into a separate reseller agreement (the “Reseller Agreement”) regarding your appointment as an Authorized Distributor. In the event of any conflict between the Reseller Agreement and this Agreement, the terms of the Reseller Agreement shall govern.

8.4. Prohibition on Resale by Unauthorized Distributors.To the fullest extent permissible under applicable law, you represent and warrant that (i) your purchase of any products from Katco LLC, through the Website or 3rdparty, are for personal, household use only, (ii) you will not distribute or resell any Katco LLC product in new condition through any online marketplace, including, without limitation, on Amazon.com or eBay.com and other marketplaces, (iii) you will not make any false claims of affiliate with or endorsement by Katco LLC, (iv) you will not advertise or sell any Katco LLC product with an altered or removed serial number or UPC Code, (v) you understand and agree that any unauthorized distribution or resale as described herein voids all warranties associated with the Katco LLC products at issue, and (vi) you will not run any advertising for the Katio on any paid search or media platform. Any violation of this Section constitutes a material breach of this Agreement.Subject to and without waiving the provisions of this Section, nothing herein shall prohibit sales by Authorized Distributors or prohibit lawful resale of used Katco LLC products by a bona fide purchaser (e.g., at garage sales or through online classifieds).

  1. Product Subscription Plans.Katco LLC may offer product subscription plans for recurring shipments for any and all future products (for example, once per month), according to the subscription plan selected by you at the time of purchase. If you chose to enroll in a subscription plan, you understand and agree that, in addition to your first purchase, your credit or debit card on file will be charged for additional shipments without obtaining further permission or confirmation from you.

9.1. Additional Disclosures.Please pay attention to the additional terms and disclosures during the order process.

9.2. Changes and Cancellation.To change or cancel a subscription plan, you may either email us at [email protected], or log in to your account and make changes there. Changes and cancellations must be made no later than 6:00 p.m. EST the night before the next scheduled shipment.

9.3. Notifications Before Shipping.Katco LLC will notify you by email at least 1 day before your credit or debit card is charged for the next shipment. To change or cancel an individual shipment, you must log into your account and make said changes no later than 6:00 p.m. EST the night before the scheduled shipment.

  1. No Reliance on Third Party Content.Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Katco LLC does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will Katco LLC be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.
  2. Assumption of Risk; Release.You knowingly and freely assume all risk when using the Service, including the construction and installation of any and all products. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Katco LLC and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service. 
  3. User Account, Accuracy, and Security.

12.1. User Account.To access and use certain parts of the Website, you may be asked to create a user account (“Account“), and to provide information that personally identifies you (“Personal Information“).

12.2. Account Information Accuracy.You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If Katco LLC believes in its sole discretion that the information you provide is not current, complete, or accurate, Katco LLC has the right to refuse you access to the Website, or to terminate or suspend your access at any time, or both. For additional information on your ability and rights to access, update, and correct your Personal Information, see the Privacy Policy.

12.3. No Pseudonyms.You must use your real name on mykatio.com; pseudonyms are not allowed. Any use of a pseudonym violates Section 12.2 (Account Information Accuracy) and is cause for suspension or deletion of your Account.

12.4. Account Security.You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Katco LLC immediately of any unauthorized use of your Account. Katco LLC shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Katco LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

12.5 Your Reviews. Katco LLC never edits reviews that are published on its Website. However, Katco LLC does reserve the right to withhold reviews from being published on its Website when the company deems the content not suitable: i.e. reviews that identify or “dox” any other individual, reviews that include infringing content, trade secrets, or otherwise violate the intellectual property rights of another, or reviews that are obscene, lewd, or vulgar, and so forth.

  1. Consent to Receive Electronic Communications from Company.By registering for an Account and providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Katco LLC periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to [email protected] You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
  2. Third Party Media.The Website may be linked with the mobile apps or Websites of third parties (“Third-Party Media“), some of whom may have established relationships with Katco LLC and some of whom may not. Katco LLC does not have control over the content and performance of Third-Party Media. Katco LLC has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Media. Accordingly, Katco LLC does not represent, warrant, or endorse any Third-Party Media, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Media. Katco LLC disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Media.
  3. Prohibited Uses.Katco LLC imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:

15.1. providing false, misleading, or inaccurate information to Katco LLC or any other person in connection with the Service;

15.2. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;

15.3. modifying or changing the placement and location of any advertisement posted through the Website;

15.4. harvesting or otherwise collecting information about users, including email addresses and phone numbers;

15.5. without express written permission from Katco LLC, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third-Party Media;

15.6. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;

15.7. attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization;

15.8. interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;

15.9. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);

15.10. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable;

15.11. creating additional accounts to promote your (or another’s) business, or causing others to do so; or

15.12. paying anyone for interactions on the Website.

  1. Intellectual Property.

16.1. Compliance with Law.

16.1.1. You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

16.2. Trademarks.Katco, Katio, Dogio and the Katco, Katio and Dogio logos (collectively, the “Company Marks“) are trademarks or registered trademarks of Katco LLC. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Website will inure to the benefit of Katco LLC, and you agree to assign, and do assign, all such goodwill to Katco LLC. You shall not at any time, nor shall you assist others to, challenge Katco LLC right, title, or interest in, or the validity of, the Company Marks.

16.3. Copyrighted Materials; Copyright Notice.All content and other materials available through the Website, including without limitation the Katco, Katio and Dogio logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Katco LLC or are the property of Katco LLC licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.

  1. Disclaimers; Limitation of Liability.

17.1. Warranty. Katco LLC provides a 1 Year Warranty covering any flaws in manufacturing.

17.2. Warranty-Voiding Modifications.You understand and agree that modifications that may affect the original function (including proper function of safety features) of any Katco LLC product may VOID the 1 Year Warranty and any additional warranty coverage purchased by you, at the sole discretion of Katco LLC. You understand and agree not to (i) modify or tamper with the safety features of any Katco LLC product or (ii) purchase any modified product from a third-party reseller. You assume all risk that the product has been modified and all warranties voided when you purchase from a third-party reseller instead of directly from Katco LLC, whether or not you have actual knowledge that such a modification has been performed.

17.3. No Further Warranties.Except as expressly provided in Section 17.1, and subject to the limitations of 17.2, Katco LLC, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service or any Katco LLC Product, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. You understand and agree that you are exclusively responsibility for training your pet to use Katco LLC products and Katco LLC shall not be liable for any damages related to the same, including, without limitation, damages caused by your pet eliminating in or on surfaces other than the intended product. Neither Katco LLC nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Katco LLC disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Katco LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Katco LLC, Company Parties, or Katco LLC users, or their agents or representatives.

17.4. Your Responsibility for Loss or Damage; Backup of Data.

17.4.1. You agree that your use of the Service is at your sole risk. You will not hold Katco LLC or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

17.4.2. Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.

17.5. Limitation of Liability.In no event shall Katco LLC or its licensors or suppliers be liable to you for any claims arising from your use with the Service or any Katco LLC products, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Katco LLC or its licensors and suppliers arising out of or in connection with your use of the Service or any Katco LLC products. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Katco LLC and you. The Service and the Katco LLC products would not be provided without such limitations.

17.6. Application of Disclaimers.The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Katco LLC or between you and any of Katco LLC licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Katco LLC licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

  1. Your Representations and Warranties.You represent and warrant that your use of the Service will be in accordance with this Agreement and any other Katco LLC policies, and with any applicable laws or regulations.
  2. Indemnity by You.

19.1. Without limiting any indemnification provision of this Agreement, you (the “Indemnitor“) agree to defend, indemnify, and hold harmless Katco LLC and the Company Parties (collectively, the “Indemnitees“) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim“, and collectively, “Claims“), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Katco LLC, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Katco LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website; (iv) your provision to Katco LLC or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

19.2. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

19.3. Without limitation, the Indemnitor also agrees to compensate Katco LLC for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 15 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.

  1. Dispute Resolution.

20.1. Binding Arbitration.

20.1.1. If you and Katco LLC cannot resolve through negotiations a Claim or other dispute, including regarding your use of the Website, or your purchase or use of any Katco LLC products, either party may elect to have the Claim or dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

20.1.2. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

20.1.3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

20.1.4. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“), as modified by this Agreement, available at the AAA Website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Katco LLC will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Katco LLC for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The location of the arbitration shall be Las Vegas, Nevada, and the arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Katco LLC may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.

20.2. Restrictions Against Joinder of Claims.

20.2.1. You and Katco LLC agree that any arbitration shall be limited to each Claim individually. You and Katco LLC agree that each may only bring claims against the other in your or Katco LLC individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

20.2.2. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

20.3. Remedies in Aid of Arbitration; Equitable Relief.This agreement to arbitrate will not preclude you or Katco LLC from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Katco LLC from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of Nevada.

20.4. Venue for any Judicial Proceeding.

20.4.1. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of Nevada, and shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

20.4.2. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Las Vegas, Nevada. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

  1. Termination.

21.1. By Company.Without limiting any other provision of this Agreement, Katco LLC reserves the right to, in Katco LLC’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.

21.2. Automatic Termination Upon Breach by You.This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Katco LLC.

21.3. By You.You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Katco LLC notice of your intention to do so, in the manner required by Section 22 (Notices).

21.4. Effect of Termination.

21.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Katco LLC may, but has no obligation to, in Katco LLC’s sole discretion, rescind any services and/or delete from Katco LLC systems all your Personal Information and any other files or information that you made available to Katco LLC or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.

21.4.2. After termination, Katco LLC reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

21.5. Legal Action.If Katco LLC, in Katco LLC’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Katco LLC will be entitled to recover from you as part of such legal action, and you agree to pay, Katco LLC reasonable costs and attorneys’ fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.

21.6. Survival.Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1–2, 4–5, 10–12, and 14–23.

  1. Notices.All notices required or permitted to be given under this Agreement must be in writing.

22.1. Katco LLC shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Katco LLC.You agree that any notice received from Katco LLC electronically satisfies any legal requirement that such notice be in writing.

22.2. You bear the sole responsibility of ensuring that your email address on file with Katco LLC is accurate and current, and notice to you shall be deemed effective upon the sending by Katco LLC of an email to that address.

22.3. You shall give any notice to Katco LLC by email to [email protected]

  1. General.

23.1. Entire Agreement.This Agreement constitutes the entire agreement between Katco LLC and you concerning your use of the Website.

23.2. Partial Invalidity.Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

23.3. Amendments.This Agreement may only be modified by a written amendment signed by an authorized executive of Katco LLC, or by the unilateral amendment of this Agreement by Katco LLC along with the posting by Katco LLC of that amended version.

23.4. No Waiver.A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

23.5. Assignment.This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Katco LLC. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

23.6.Independent Contractors.You and Katco LLC are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created by this Agreement.

23.7. No Third-Party Beneficiaries.There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; Katco LLC licensors and suppliers (to the extent expressly stated in this Agreement); and to the extent expressly stated herein.

23.8. Headings.The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.


Prop 65 Warning

Prop 65 Warning WARNING:This product can expose you to chemicals including silica, which are known to the State of California to cause cancer. For more information, visit www.P65Warnings.ca.gov