Last
updated
January 30, 2023
TABLE OF CONTENTS
These
Terms of Service
constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you”) and
KesselWorks
LLC
("
Company
", “we”,
“us”, or “our”), concerning your access to and use
of the https://kledger.com website as well as
any other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood,
and agree to be bound by all of these
Terms of Service
. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE
, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these
Terms of Service
at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these
Terms of Service
, and you waive any right to
receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised
Terms of Service
by your continued use of the Site
after the date such revised
Terms of Service
are posted.
The
information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
The Site is not tailored to comply
with industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You may not
use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The
Site is intended for users who are at least 18 years old. Persons under
the age
of 18 are not permitted to use or register
for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these
Terms of Service
, no part of the Site and no Content
or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By
using the Site, you represent and warrant that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration
information as necessary;
(3) you have the legal capacity and
you agree to comply with these
Terms of Service
;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any
illegal or unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
You
may be
required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and
password.
We reserve the right to remove, reclaim, or change a username you
select if we
determine, in our sole discretion, that such username is
inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of
payment:
You may be required to
purchase or pay a fee to access some of our services. You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account
and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and
contact you as needed. We bill you through an online billing account for
purchases made via the Site. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in U.S. dollars.
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider for
any such amounts upon making your purchase.
If
your purchase is subject to recurring charges,
then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each
recurring charge, until you notify us of your cancellation.
We reserve the right to
correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also
reserve
the right to refuse any order placed through the Site.
We
offer a 60-day free trial to new users who
register with the Site.
The account will be charged according to the
user’s chosen subscription
at the end of the free trial.
All purchases are non-refundable.
You can cancel your subscription at any time
. Your cancellation will take effect at the end of the current paid term.
If you are
unsatisfied with our services, please email us at
.
You
may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a
user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content
contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports
of abuse or misconduct.
- Use
the Site in a manner inconsistent with any applicable laws
or regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Site.
- Engage
in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots,
or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the
networks or services connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to
you.
- Attempt
to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the
Site.
- Copy
or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Site.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
-
Use the Site to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
9.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
- The
creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights
of any third party.
- You are
the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize
us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these
Terms of Service
.
- You
have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these
Terms of Service
.
- Your
Contributions are not false, inaccurate, or
misleading.
- Your
Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your
Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your
Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
- Your
Contributions do not violate any applicable law,
regulation, or rule.
- Your
Contributions do not violate the privacy or
publicity rights of any third party.
- Your
Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your
Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your
Contributions do not otherwise violate, or link to
material that violates, any provision of these
Terms of Service
, or any applicable law or
regulation.
Any use of the
Site in violation of the foregoing violates these
Terms of Service
and may result in, among other things,
termination or suspension of your rights to use the Site.
By posting your
Contributions to any part of the Site
, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do
not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in
any area on the Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding
your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
12.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so
at your own risk, and you should be aware these
Terms of Service
no longer govern. You should
review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
13. U.S. GOVERNMENT
RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)
2.101. If our services are acquired by or on behalf of any agency not within the
Department of Defense (“DOD”), our services are subject to the terms of these
Terms of Service
in accordance with FAR 12.212 (for
computer software) and FAR 12.211 (for technical data). If our services are acquired by
or on behalf of any agency within the Department of Defense, our services are subject to
the terms of these
Terms of Service
in accordance with Defense Federal
Acquisition Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in
lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data under these
Terms of Service
.
We
reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Service
; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these
Terms of Service
, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We
care about data privacy and security. Please review our Privacy Policy:
https://kledger.com/privacy-policy.html
. By using the Site, you agree to be bound by our Privacy Policy, which
is incorporated into these
Terms of Service
. Please be advised the Site is
hosted in the United
States
. If you access the Site from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
the United States
, then through your continued use of the Site,
you
are transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
These
Terms of Service
shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE
, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE
TERMS OF SERVICE
OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part
of the Site without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these
Terms of Service
will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases in connection
therewith.
These
Terms of Service
and your use of the Site are governed by and
construed in accordance with the laws of
the State
of
Maryland
applicable
to agreements made and to be entirely performed within
the State of
Maryland
, without regard to its conflict of law principles.
To expedite resolution
and control the cost of any dispute, controversy, or claim related to these
Terms of Service
(each "Dispute" and collectively,
the “Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least ninety
(90) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do
so. Except where otherwise required by the applicable AAA rules or applicable law,
the arbitration will take place in
Harford County,
Maryland
. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in
Harford County
,
Maryland
, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such
state and federal courts
. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from
these
Terms of Service
.
In no event shall any Dispute brought by
either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these
Terms of Service
; (4) any breach of your representations and
warranties set forth in these
Terms of Service
; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware
of it.
24. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of such
data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us
emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These
Terms of Service
and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Service
shall not operate as a waiver of such right or
provision. These
Terms of Service
operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these
Terms of Service
is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Terms of Service
and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these
Terms of Service
or use of the Site. You agree that these
Terms of Service
will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these
Terms of Service
and the lack of signing by the parties hereto to
execute these
Terms of Service
.
28. CONTACT US
In order
to resolve a complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
KesselWorks LLC
Abingdon,
MD
21009
United States
