Legal Notices

Krkonos Manufacturing

Last Updated: October 25, 2024

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.

1. Terms of Use

1.1 No Guarantee of Accuracy and Disclaimer of Warranties
GAPT provides access to this Website and any Communications, including, without limitation 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.

Further, 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. GAPT is not liable for any perceived, special, incidental, consequential, or punitive damages, regardless of the cause, arising from or related to any reliance upon or use of the Content provided.

By accessing or using this Website or engaging in Communications with GAPT, you agree to indemnify and hold GAPT, its parent company, subsidiaries, affiliates, predecessors, successors, assigns, and their respective current and former owners, officers, directors, employees, agents, representatives, contractors, licensors, and service providers harmless from and against any and all claims, liabilities, damages, or losses, including but not limited to those arising from any reliance upon or use of the Content provided. In no event shall GAPT be liable for any damages resulting from the receipt or use of any confidential information by the individual, regardless of GAPT’s furnishing of such information in good faith.

1.2 Export Control Compliance
It is understood and irrevocably agreed by all parties that they 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 (collectively referred to as "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 but not limited to the Arms Export Control Act, as amended, and the Export Administration Act of 1979, as well as 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, including situations where verbal instruction or inspection may reveal technical data regulated under these controls, the disclosing party shall:

  1. Provide prior written notice to the receiving party's export control officer
  2. Specify the nature of the Items and all relevant export controls, including ITAR categories if applicable
  3. Verify that all intended recipients meet the citizenship/residency requirements
  4. Obtain necessary internal approvals from FSO/Data Custodian
  5. 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 (Department of State Directorate of Defense Trade Controls for ITAR-controlled items, or Department of Commerce Bureau of Industry and Security for EAR-controlled items). 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

Non-compliance with these requirements may result in immediate termination of access, civil and criminal penalties, and/or debarment from future exports or technical data access.

1.2.4 Indemnification and Liability

The receiving party ("Indemnifying Party") hereby irrevocably and unconditionally agrees to indemnify, defend, and hold harmless GAPT, its parent company, subsidiaries, affiliates, predecessors, successors, assigns, and their respective current and former officers, directors, employees, agents, representatives, contractors, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, demands, causes of action, suits, losses, damages, fines, penalties, liabilities, costs, and expenses of any kind or nature whatsoever, including, without limitation:

  1. Civil and criminal penalties imposed under ITAR, EAR, or other applicable export control regulations
  2. Administrative fines and penalties
  3. Legal fees and expenses, including but not limited to reasonable attorneys' fees
  4. Investigation and compliance audit costs
  5. Expert witness fees
  6. Court costs and expenses
  7. Settlement amounts
  8. Costs of remedial actions or compliance measures
  9. Business interruption losses
  10. Reputational damage mitigation expenses

Such indemnification applies to any claims arising from or relating to:

  • Any violation or non-compliance with export control laws and regulations
  • Unauthorized access to controlled technical data
  • False statements or misrepresentations regarding citizenship or eligibility
  • Failure to maintain required records or certifications
  • Unauthorized re-export or transfer of controlled Items
  • Any breach of the requirements specified in sections 1.2.1, 1.2.2, or 1.2.3

The Indemnifying Party's obligations under this section shall:

  • Be immediate and automatic upon any violation or non-compliance
  • Survive the termination or expiration of this Agreement
  • Not be subject to any limitations of liability elsewhere in this Agreement
  • Include the obligation to advance all defense costs and expenses upon request
  • Remain in effect regardless of any bankruptcy, insolvency, or similar proceedings

The Indemnifying Party irrevocably waives any right to contest or challenge this indemnification obligation and agrees that the Indemnified Parties shall have the right to select and direct legal counsel of their choosing in any defense or settlement, with all associated costs borne by the Indemnifying Party. The Indemnifying Party shall not settle any claim without the prior written consent of the Indemnified Parties.

The Indemnifying Party shall maintain sufficient insurance coverage to support these indemnification obligations and shall provide certificates of insurance upon request. This indemnification represents the allocation of risk agreed upon by the parties and shall be interpreted broadly to provide maximum protection for the Indemnified Parties.

Any failure or delay by the Indemnified Parties in enforcing these indemnification rights shall not constitute a waiver. If any portion of this indemnification is found to be unenforceable, the remaining portions shall continue in full force and effect to the maximum extent permitted by law.

2. 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.

3. Disclaimers and 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.

4. 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.

5. Governing Law, Mediation, and 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, legal conflicts 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, any related Communications, dispute legal or contractual, 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 then pursue any other legal remedy afterwards unless a mutual agreement is reached before the six (6) months. 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 in the 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
Only after the completion of both the mediation and arbitration periods (minimum of eighteen (18) calendar months total) and the issuance of a final arbitration decision may the parties pursue any further legal action in state or federal courts located within Dallas County in the State of Texas. 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.

6. Contact Us

If you have any questions about this Legal Notices, Terms of Use or Privacy Policy, you have to contact us by email and postal mail at:

Krkonos Manufacturing
108 S Main Street #107
Rusk, TX 75785

Email: legal@qaqctx.com

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.

Revolutionize your manufacturing with our precision solutions