Introduction

Welcome to the Kabtoul Consulting website (the “Site”). These Terms of Use (“Terms”) govern your use of the Site and any services provided through the Site. By accessing or using the Site, you agree to these Terms.

Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Kabtoul Consulting, a Kabtoul Consulting employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Kabtoul Consulting or users of the Site or expose them to liability.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Kabtoul Consulting, its licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, distribute, sell, or lease any part of the Site or its content, nor may you reverse engineer or attempt to extract the source code of any software or other component of the Site.

Trademarks

The Kabtoul Consulting name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Kabtoul Consulting or its affiliates or licensors. You may not use these marks without our prior written permission.

Links to Third-Party Sites

The Site may contain links to third-party websites or resources. These links are provided for your convenience only, and we have no control over the content or availability of these sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from these sites or resources.

Disclaimer of Warranties

The Site and its content are provided “as is” and without warranties of any kind, whether express or implied. Kabtoul Consulting disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall Kabtoul Consulting or its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages arising out of or in connection with your use of the Site or any content on the Site.

Indemnification

You agree to defend, indemnify, and hold harmless Kabtoul Consulting and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or violation of these Terms.

Governing Law and Jurisdiction

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Switzerland. Also, that any disputes arising from the use of the Site will be subject to the exclusive jurisdiction of the courts of Switzerland.

Termination

Kabtoul Consulting may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to the Terms

Kabtoul Consulting reserves the right, at its sole discretion, to modify or replace these Terms at any time. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Kabtoul Consulting regarding the use of the Site, superseding any prior agreements between you and Kabtoul Consulting regarding the use of the Site.

Waiver and Severability

The failure of Kabtoul Consulting to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

User-generated content

Kabtoul Consulting is not responsible for the content posted by users, and that users are solely responsible for their own content. Also, Kabtoul Consulting may remove or edit user-generated content at any time and for any reason.

Security

Kabtoul Consulting takes reasonable measures to protect the Site and its content, but that no security measures are foolproof. Users are responsible for maintaining the confidentiality of their login information and for any activity that occurs under their account.

Dispute resolution

Any disputes arising from the use of the Site will be resolved through binding arbitration or in court, depending on the nature of the dispute and the preferences of the parties. Users waive their right to participate in a class action lawsuit or class-wide arbitration.

Assignment

Kabtoul Consulting may assign or transfer these Terms, in whole or in part, without notice or consent. Users may not assign or transfer these Terms without the prior written consent of Kabtoul Consulting.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

No agency

Nothing in these Terms creates or is intended to create an agency, partnership, joint venture, or employment relationship between Kabtoul Consulting and the user.

Language

Terms are provided in English and that any translation of these Terms into another language is provided for convenience only, and the English version shall prevail.

Force majeure

Kabtoul Consulting will not be liable for any failure to perform its obligations under these Terms if such failure is caused by an event beyond its reasonable control, including, but not limited to, strikes, lockouts, riots, acts of war, epidemics, governmental regulations, power failures, natural disasters, or other emergencies.

Contact Us

If you have any questions about these Terms, please contact us at Kabtoul Beratungsleistungen, having its principal place of business at Kreuzstrasse 22, 9100, Herisau, Switzerland or email us at info@kabtoul.ch.