Last Updated: November 1, 2020
In order to use the KEMET App, you must have an account or an Apple ID on the Apple App store, which is owned and operated by Apple. Your use of the Apple App store is governed by a legal agreement between you and Apple consisting of the iTunes store Terms of Sale and Terms and Conditions (found at https://www.apple.com/legal/internet-services/itunes/jm/terms.html#SERVICE) (collectively, the “Apple Terms”). You may not access or use the App if you do not comply with the Apple Terms.
Our Intellectual Property Rights
To request permission to use Content posted on the App for other than your personal, non-commercial, informational purposes, please submit your request to firstname.lastname@example.org. Please include a description of your proposed usage of the Content, along with a link or copy of the Content requested and your contact information.
THE UNAUTHORIZED COPYING, DISPLAYING, OR OTHER UNAUTHORIZED USE OF ANY CONTENT FROM THE APP IS A VIOLATION OF THE LAW.
- Access the App or Content for any reason other than your personal, non-commercial, informational use;
- Collect or harvest any personal information of any user of the App or Content;
- Resell, decompile, reverse engineer, disassemble, or otherwise convert the Content;
- Upload, download, modify, publish, transmit, transfer, sell, copy, reproduce, republish, create derivative works, distribute, display, incorporate into other sites, apps or in any other way exploit the App, in whole or in part;
- Use the App for any unlawful purpose or for the promotion of illegal activities;
- Use the App to attempt to or to actually harass, abuse, or otherwise harm another person or group;
- Use another user’s account without permission;
- Intentionally allow another user to access your account;
- Provide false or inaccurate information when registering for an account;
- Interfere or attempt to interfere with the proper functioning of the App;
- Make any automated use of the App or related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the App and Content, or use any software, technology, or device to scrape, spider, or crawl the App and Content, or harvest or manipulate data;
- Circumvent, disable, or otherwise interfere with any security-related features of the App and Content or features that prevent or restrict use or copying of Content, or enforce limitations on use of the App or Content accessible via the App; or
- Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s Devices, browser, or computer.
PRIVACY AND SECURITY
Certain portions of our App and Content are accessible only to users who have registered with the App and obtained login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us. You further agree that you are responsible for all activities related to your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the App or Content by emailing us at email@example.com or calling us at 1-844-KEMETCA (1-844-536-3822).
We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the App, Content, and your account, including, without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
KEMET DOES NOT WARRANT OR PROMISE THAT THE APPS OR CONTENT WILL BE ERROR-FREE OR DEFECT-FREE OR THAT THE APP AND SERVICES WILL BE UNINTERRUPTED. FURTHERMORE, KEMET DOES NOT WARRANT OR PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE APP OR CONTENT WILL PROVIDE SPECIFIC RESULTS. THE APP AND CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE APP OR CONTENT IS SUBJECT TO MODIFICATION WITHOUT ANY NOTICE TO YOU. KEMET CANNOT ENSURE THAT ANY CONTENT DOWNLOADED FROM THE APP WILL BE FREE OF VIRUSES, MALICIOUS CODE OR CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES. KEMET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KEMET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND CONTENT. BY USING THE APP AND CONTENT, YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUR APP, CONTENT, AND ANY LINKED APP. YOUR SOLE REMEDY AGAINST KEMET FOR DISSATISFACTION WITH THE APP OR CONTENT IS SUBJECT TO THE TERMS OF THE LIMITATION OF LIABILITY SECTION BELOW. BY USING THE APP, YOU AGREE TO THIS LIMITATION ON LIABILITY AS PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any liability, damages, or injury caused by any error, omission, interruption, deletion, defect, failure of performance, etc., related to operation of the App or Content on the App, whether for breach of contract, tort, negligence, or any other cause of action.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, KEMET AND ITS AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE APP OR CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, OR LINE FAILURES. KEMET SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
KEMET SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
To the extent KEMET is required to provide indemnification under applicable law, KEMET, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the App or your use of the App infringes any third party intellectual property right.
DMCA COPYRIGHT INFRINGEMENT CLAIM
KEMET takes copyright infringement claims seriously. If you believe you have a copyright infringement claim related to the App or Content, you may request removal of the allegedly infringing Content from the App by submitting written notification to our designated copyright agent below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works related to the App or Content, please provide a list of such works;
- Specific identification of the content you believe to be infringing so that we may locate and identify the subject content;
- Your contact information (name, postal address, telephone number, and, if available, email address);
- A good faith statement that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that to the best of your knowledge and belief, the written notice is accurate; and
- A statement that you are authorized to act on behalf of the copyright owner signed under penalty of perjury.
The DMCA Notice should be sent to:
KEMET Electronics Corporation
1 East Broward Blvd., 2nd Floor
Fort Lauderdale, Florida 33301
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may be insufficient to complete your request.
Please be aware that if you knowingly and materially misrepresent that Content on the App infringes on your copyright you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Mediation and Arbitration
The place of arbitration shall be Fort Lauderdale, Florida, USA. Arbitration shall be conducted in the English language. You hereby waive any objection to arbitration in Fort Lauderdale, Florida, USA. Judgment on any award rendered by the arbitrator may be entered in the federal and state courts in Fort Lauderdale, Florida, USA.
Class Action Waiver
Exclusions from Arbitration/Right to Opt-out
You agree to personal jurisdiction by, and venue exclusively in, the federal and state courts in Fort Lauderdale, Florida, USA. You hereby waive any objection to such jurisdiction or venue.
If any clause related to dispute resolution and arbitration is found to be illegal or unenforceable, that clause will not apply, but all enforceable terms will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, all the Dispute Resolution, Arbitration, and Class Action Waiver terms will be unenforceable, and the dispute will be decided by a court.
Survival of Dispute Resolution, Arbitration, and Class Action Waiver Terms
The Dispute Resolution, Arbitration, and Class Action Waiver terms shall survive the termination of any account you have with KEMET and your discontinued use of the App.
THIRD PARTY CONTENT
The App and Content may contain content submitted by third parties. KEMET does not approve or endorse such content. Under no circumstances will KEMET be liable for third party content, including, but not limited to, any errors or omissions, or damages of any kind. ANY THIRD PARTY CONTENT THAT YOU ACCESS, USE, DOWNLOAD OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE APP OR CONTENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSSES THAT RESULT FROM YOUR ACCESS TO OR USE OF THIRD PARTY CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY THIRD PARTY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
USER CONTENT SUBMISSIONS
User content submissions may include user account registration, public sharing, posting of content, uploading, linking, downloading, viewing, blogging, commenting, chat room conversations, forum participation, or submitting or transmitting any content, including, but not limited to graphics, art, software, photography, simulations, graphs, code, data, text, video, audio, opinions, descriptions, etc. (collectively “User Content”).
When you provide or submit User Content on the App, you are solely responsible for such content. When submitting User Content, you agree that our App is a passive method for your online distribution and publication of your User Content. However, KEMET reserves the right to remove any User Content from the App at any time at its sole discretion.
By submitting, transmitting, posting, linking, etc., any User Content while using the App, you agree that:
- You are solely responsible for your account and any content you submit and the activity that occurs while signed into or while using your account;
- You will not post information that is malicious, libelous, false, or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content, but you are required to grant license rights to KEMET as set forth more fully under the “User Content License Grant” provision hereunder;
- You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content; and
You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App and Content is solely your responsibility. KEMET is not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the App and Content or with other users.
KEMET does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and KEMET expressly disclaims any and all liability in connection with User Content. KEMET does not permit copyright infringing activities or infringement of KEMET intellectual property rights on its App, and KEMET will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with DMCA Copyright Infringement Claims provisions. KEMET reserves the right to remove User Content at its sole discretion without prior notice and without any liability whatsoever.
USER CONTENT LICENSE GRANT
By posting User Content on the App, you expressly represent and warrant that you have a right to grant, and do hereby grant, KEMET a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content. This grant includes your name, voice, image, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the App and Content.
UNSOLICITED IDEA SUBMISSION POLICY
Do not send any confidential or proprietary information to KEMET through the App. Any information you do send to KEMET through the App will be deemed NOT confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant KEMET a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Non-Confidential information. You further agree that KEMET is free to use any ideas, concepts, know-how, or techniques that you send KEMET for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information.
LINKS TO OTHER SITES, APPS AND/OR CONTENT
Our App may contain links to third party sites, apps and content. Such third party sites, apps and content are not under our control and we are not responsible for the operation, policies, practices, terms, etc. of such sites, apps or content. KEMET provides links to third party sites, apps and content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party sites, apps or content. If you decide to access any third party site, app or content linked to our App or Content, you do so entirely at your own risk. Third party websites, apps and content are subject to their own terms and policies, including privacy and information gathering practices. KEMET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY SITE, APP OR CONTENT LINKED TO OUR SITES, APP OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY.