Welcome to the Krkonos Manufacturing and parent company Global Advanced Precision and Technology ("GAPT") website (the "Website"). By accessing or using this Website, you agree to comply with and be bound by the following Legal Notices, Terms of Use, and Privacy Policy. These terms apply to all visitors, users, and others who access or use this Website or communicate with us in any format ("Communications"). If you disagree with any part of these terms, you may not access or use our Website or contact us.
Section 01
Terms of Use
1.1 No Guarantee of Accuracy and Disclaimer of Warranties
GAPT provides access to this Website and any Communications, including confidential or proprietary information, proprietary technical data, source code, materials, technology, software, ideas, know-how, processes, specifications, technical data, configurations, algorithms, and/or trade secrets (collectively, "Content"), solely in good faith and without any representation or warranty as to its accuracy, completeness, or reliability.
GAPT makes no representations or warranties of any kind, whether written or oral, statutory, express, or implied, with respect to the Content provided on this Website or through any Communications. This disclaimer includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
GAPT does not guarantee or warrant that Content or any information, text, graphics, links, or other items within this Website or in any form of Communication will be accurate, complete, error-free, reliable, or suitable for any particular use or purpose. Any use, reliance, or interpretation of the Content is at the user's sole risk.
1.2 Export Control Compliance
All parties are subject to United States laws and regulations governing the export of certain items, commodities, defense articles, confidential information, proprietary technical data, or source code ("Items"), including but not limited to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Each party is obligated to comply with all applicable U.S. export laws and regulations, including the Arms Export Control Act, the Export Administration Act of 1979, and any other relevant statutes, regulations, and orders.
1.2.1 Access and Personnel Requirements
Prior to accessing any Items subject to U.S. export controls, including ITAR-controlled technical data, all personnel must:
- Provide proof of U.S. citizenship or U.S. permanent resident status (Green Card)
- Complete and maintain a current Military Critical Technical Data Agreement (Form DD2345) certification
- Obtain written authorization from their organization's Facility Security Officer (FSO), Data Custodian, or authorized Human Resources representative
- Sign any additional non-disclosure agreements or access control documents as required
1.2.2 Transfer and Disclosure Requirements
Prior to disclosing, transferring, or providing any Items subject to U.S. export controls, the disclosing party shall:
- Provide prior written notice to the receiving party's export control officer
- Specify the nature of the Items and all relevant export controls, including ITAR categories if applicable
- Verify that all intended recipients meet the citizenship/residency requirements
- Obtain necessary internal approvals from FSO/Data Custodian
- Document all transfers in accordance with ITAR/EAR record-keeping requirements
The receiving party retains the right to decline or limit the receipt of any such Items, including the right to restrict or suspend any tasks or activities that may involve the receipt of such Items.
1.2.3 Export Licensing and Authorization
Any transfer, export, or re-export of Items may require an export license or other authorization from the appropriate U.S. government agency. The parties agree to:
- Cooperate fully in seeking any necessary export licenses or authorizations
- Maintain all required records of exports, transfers, and technical data access
- Immediately report any potential violations or unauthorized access
- Implement necessary security measures to prevent unauthorized foreign national access
- Comply with all license conditions and provisos
1.2.4 Indemnification and Liability
The receiving party ("Indemnifying Party") irrevocably and unconditionally agrees to indemnify, defend, and hold harmless GAPT and all Indemnified Parties from and against any and all claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs, and expenses, including:
- Civil and criminal penalties imposed under ITAR, EAR, or other applicable export control regulations
- Administrative fines and penalties
- Legal fees and expenses, including reasonable attorneys' fees
- Investigation and compliance audit costs
- Expert witness fees
- Court costs and expenses
- Settlement amounts
- Costs of remedial actions or compliance measures
- Business interruption losses
- Reputational damage mitigation expenses
The Indemnifying Party's obligations shall be immediate and automatic upon any violation or non-compliance, shall survive termination or expiration of this Agreement, and shall not be subject to any limitations of liability elsewhere in this Agreement. The Indemnifying Party shall maintain sufficient insurance coverage to support these indemnification obligations and shall provide certificates of insurance upon request.
Section 02
Privacy Policy
2.1 Information Collection and Use
GAPT values your privacy. We may collect certain information through your use of the Website or Communications for the purposes of improving our services and responding to inquiries. We may collect:
- Personal Information: When voluntarily provided by users (e.g., through inquiry forms), including names, email addresses, and phone numbers.
- Non-Personal Information: Data collected automatically when accessing the Website, such as browser type, IP addresses, and other analytics data.
This information is used solely for internal purposes and is not shared with third parties without your consent, except as required by law or to protect GAPT's legal rights.
2.2 Data Security
GAPT takes reasonable measures to protect your information from unauthorized access. However, no data transmission over the Internet can be guaranteed as completely secure, and we cannot ensure the security of any information transmitted to us electronically. Any information you send to us is at your own risk.
2.3 Third-Party Websites
The Website may contain links to third-party websites that are not operated or controlled by GAPT. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.
2.4 Consent
By using the Website and providing any information, you consent to the collection and use of information as outlined in this Privacy Policy.
2.5 Changes to Privacy Policy
GAPT reserves the right to update or change this Privacy Policy at any time. Changes will be posted on this page, and it is your responsibility to review this page periodically for updates.
Section 03
Disclaimers & Limitation of Liability
3.1 Disclaimers
GAPT and its Company Representatives expressly disclaim any and all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. GAPT makes no representations or guarantees that the Website will be secure, error-free, uninterrupted, or available at all times. We are not responsible for any harm or damages related to your use of or reliance on this Website or Communications.
3.2 Limitation of Liability
Under no circumstances shall GAPT or its Company Representatives be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to damages for loss of profits, data, or other intangible losses arising out of or in connection with your use or inability to use this Website or any Communications, even if GAPT has been advised of the possibility of such damages.
Section 04
Severability
If any provision of these Legal Notices, Terms of Use or Privacy Policy is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions shall continue in full force and effect.
Section 05
Governing Law, Mediation & Jurisdiction
This Legal Notices, Terms of Use and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
5.1 Mediation
Any disputes, claims, or controversies arising out of or in connection with doing business with GAPT, these Legal Notices, Terms of Use or Privacy Policy, or the access or use of this Website shall first be subject to extensive mediation. The mediation process shall last a minimum of six (6) calendar months and must be conducted in good faith before either party may initiate arbitration or pursue any other legal remedy, unless a mutual agreement is reached beforehand. Each party shall bear its own costs of mediation unless otherwise agreed in writing.
5.2 Arbitration
If mediation fails to resolve the dispute, the parties agree to submit the matter to binding arbitration. This arbitration process shall have a minimum duration of twelve (12) calendar months unless a mutual agreement is reached before the twelve (12) months, and shall be conducted in accordance with the rules and regulations of a mutually agreed arbitration organization located in Dallas County, State of Texas. The arbitration shall be conducted by a neutral arbitrator with no affiliation or prior engagement with either party, and all arbitration costs shall be shared equally unless otherwise determined by the arbitrator.
5.3 Jurisdiction
By accessing or using this Website or engaging in any Communications, you agree to be bound by this mediation and arbitration process before seeking judicial resolution.
Section 06
Contact
If you have any questions about these Legal Notices, Terms of Use, or Privacy Policy, contact us by email and postal mail:
Krkonos Manufacturing
108 S Main Street #107
Rusk, TX 75785
Email: [email protected]
By accessing or using the Website or engaging with us through Communications, you acknowledge that you have read, understood, and agree to be bound by these Legal Notices, Terms of Use, and Privacy Policy.