Last updated January 23, 2019
- Kodiak Overview. Kodiak Robotics, Inc. is a technology company focused on autonomous technology for long-haul trucking.
- Eligibility. You must be at least 18 years old to use the Website. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Website; and (c) your use of the Website is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Website or any portion thereof; (b) make modifications to the Website; or (c) interfere with or circumvent any feature of the Website, including any security or access control mechanism. If you are prohibited under applicable law from using the Website, you may not use it.
- Communications with You. If you provide your email address or other contact information to us, we may communicate with you about the Website and our products and services, including through one or more third-party e-mail or survey services, via the contact information you provide to us through the Website. You consent to receive communications from us that may: (a) solicit feedback via e-mail, surveys, bug reports, or other methods we may determine; (b) collect additional information regarding issues you report in your feedback; (c) notify you of changes to the Website, our products or services, or these Terms; and (d) tell you about our programs, products, or services.
- Feedback. If you choose to provide input and suggestions regarding problems with, or proposed modifications or improvements to, the Website or our products and services (“Feedback”), then you hereby grant Kodiak an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Website and create or improve other products and services.
- Ownership; Proprietary Rights. The Website is owned and operated by Kodiak. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (“Materials”) provided by Kodiak are protected by intellectual property and other laws. All Materials included in the Website are the property of Kodiak or its third-party licensors. Except as expressly authorized by Kodiak, you may not make use of the Materials. Kodiak reserves all rights to the Materials not granted expressly in these Terms.
- Third-Party Services and Linked Websites. Kodiak may provide tools through the Website that enable you to export information to third-party services, including through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Kodiak may transfer that information to the applicable third-party service. Third-party services are not under Kodiak’s control, and, to the fullest extent permitted by law, Kodiak is not responsible for any third-party service’s use of your exported information. The Website may also contain links to third-party websites. Linked websites are not under Kodiak’s control, and Kodiak is not responsible for their content, nor does Kodiak control, endorse, sponsor, recommend or otherwise accept responsibility for such content. Use of any linked third-party content is at your own risk.
- Prohibited Conduct. You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Website or any portion thereof; (b) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Website or provide access to the Website to third parties on a service bureau basis or otherwise; (c) use or access the Website without permission, interfere with or circumvent any feature of the Website, including any security or access control mechanism, or introduce any security threats into or through the Website; (d) use the Website or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (e) use the Website or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Kodiak or any third party; or (f) otherwise use the Website or any portion thereof other than as provided herein, or in violation of any applicable law.Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. We will endeavor to provide you with prior notice of any material changes. Please check these Terms periodically for changes. By using the Website after changes are published, you agree to the updated terms. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Modification of the Website. Kodiak reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you. Kodiak will have no liability for any change to the Website or any suspension or termination of your access to or use of the Website.
- Termination. If you violate any provision of these Terms, your authorization to access the Website and these Terms automatically terminate. In addition, Kodiak may, at its sole discretion, suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate and you must immediately cease all use of the Website. Sections 5, 6, and 12 through 21 will survive termination.
- Additional Disclaimers; No Warranties. We are under no obligation to provide support for the Website. THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KODIAK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KODIAK DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KODIAK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR KODIAK OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING KODIAK OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITE AND YOUR DEALING WITH ANY OTHER WEBSITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA.THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. KODIAK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT KODIAK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KODIAK BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KODIAK HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KODIAK TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $50. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. All disputes arising out of these Terms are subject to the sole and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California and you and Kodiak submit to the personal and exclusive jurisdiction of these courts. We operate the Website from our offices in California, and we make no representation that Materials included in the Website are appropriate or available for use in other locations.
- Contact Information. The Website is offered by Kodiak Robotics, Inc. located at 1049 Terra Bella Ave., Mountain View, California 94043. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Website or to receive further information regarding use of the Website.
- International Use. The Website is intended for visitors located within the United States. We make no representation that the Website is appropriate or available for use outside of the United States. Access to the Website from countries or territories or by individuals where such access is illegal is prohibited.