Agreement between user and Kim Phat
If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Kim Phat.
Use of the site
You agree not to access or use the Site in any manner that may damage, disable, unduly Kim Phat networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Kim Phat networks or systems, or to interfere or attempt to interfere with any Kim Phat networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Kim Phat, networks or systems.
Kim Phat may change the Services offered on or through the Site at any time without notice. Kim Phat makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.
Kim Phat makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Site is solely at your own risk.
Third party content
The Site may provide links to websites and access to content, products and services of third parties, and Kim Phat makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of websites and content accessible from the Site, and you bear all risks associated with your access and use of such websites and third party content, products and/or services. Further, links to third party websites and content do not imply endorsement by or affiliation of Kim Phat with any third party or any third party website, products and/or services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIM PHAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, KIM PHAT MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. KIM PHAT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.
Limitation of liability
IN NO EVENT SHALL KIM PHAT AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF KIM PHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF KIM PHAT AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
Kim Phat has the right, but not the obligation, to monitor any activity on the Site. Kim Phat may disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. Kim Phat may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site, or any applicable Services, Software or Content. In addition, Kim Phat may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
Compliance with laws