Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

NOTICE O MANDATORY ARBITRATION PROVISION

Welcome, and thank you for your interest in Kadince, Inc. (“Kadince,” “we,” “our,” or “us”) and our website at kadince.com, including subdomains of that website (collectively, the “Site”). These terms of service (“Terms of Service”) describe the terms and conditions of use of this Site by you, the Site viewer (“you” or “your”) and your rights and responsibilities as a Site viewer. Kadince and you each referred to as “Party” and collectively “Parties”.

If you have a paid subscription for any Kadince product or service offering that references separate terms and conditions, those separate terms and conditions will apply and not these Terms of Service.

To use the Site you must (a) be at least 18 years old (or have reached the age of majority in the jurisdiction in which you reside) to use the Site; (b) have not previously been suspended or removed from the Site or any other service provided by Kadince; and (c) use the Site in compliance with any and all Applicable Laws (defined below) (collectively, “Eligible”).

Welcome, and thank you for your interest in Kadince, Inc. (“Kadince,” “we,” “our,” or “us”) and our website at kadince.com, including subdomains of that website (collectively, the “Site”). These terms of service (“Terms of Service”) describe the terms and conditions of use of this Site by you, the Site viewer (“you” or “your”) and your rights and responsibilities as a Site viewer. Kadince and you each referred to as “Party” and collectively “Parties”.

If you have a paid subscription for any Kadince product or service offering that references separate terms and conditions, those separate terms and conditions will apply and not these Terms of Service.

To use the Site you must (a) be at least 18 years old (or have reached the age of majority in the jurisdiction in which you reside) to use the Site; (b) have not previously been suspended or removed from the Site or any other service provided by Kadince; and (c) use the Site in compliance with any and all Applicable Laws (defined below) (collectively, “Eligible”).

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By accessing or using the Site in any manner (whether automated or otherwise), you (a) acknowledge that you read and understand, and, as a condition to your use of the site, agree to be bound by these Terms of Service and our Privacy Policy[LINK], which is incorporated herein by reference, and (b) represent and warrant you are Eligible to use the Site. If you are not Eligible or do not agree to these Terms of Service, then you do not have our permission to access or use the Site. Your access or use of the Site, and our provision of the Site to you, constitutes an agreement by and between you and us to be bound by these Terms of Service.

Be advised that these Terms of Service contain disclaimers of warranties and limitations on liability that may be applicable to you.

Overview of the site

Limited License. Subject to your complete and ongoing compliance with these Terms of Service, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for your own internal use. Kadince reserves all rights not expressly granted herein in the Site. Except as expressly set forth herein, no rights or licenses are granted to you under these Terms of Service, whether by implication, estoppel or otherwise.

Use of Site. We reserve the right to decline to provide the Site to any person for any or no reason. If and when you provide information to Kadince, you agree to: (a) provide accurate, current, and complete information as prompted (including without limitation your contact information), and (b) maintain and update your information to keep it accurate, current, and complete. By providing Kadince with your email address or other contact information, you consent to our use of this information to send you Site-related notices and other administrative notices, including without limitation any notices required by any applicable law, statute, rule, ordinance, code, order or regulation of any government or quasi-government authority (“Applicable Law”).

RULES GOVERNING YOUR USE OF THE SITE

Restrictions. Except and solely to the extent such a restriction is impermissible under Applicable Law, you may not:  reproduce, distribute, publicly display, or publicly perform the Site;  make modifications to the Site; or  interfere with or circumvent any feature of the Site, including any security or access control mechanism.

Rules. You may not use the Site, or assist or encourage any other party to use the Site, to engage in any activity that Kadince deems objectionable, including without limitation any of the following prohibited activities:

1. copy, frame or mirror any part of the Site;
2. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
4. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) copying, modifying, or creating a derivative work of, reverse engineer, decompile or otherwise attempting to extract the source code of the software underlying any portion of the Site except to the extent that the activity is expressly permitted by Applicable Law, provided that you first give prior written notice to Kadince;
5. interfere with the operation of the Site or any user’s enjoyment of the Site, attempting to disrupt, degrade, impair or violate the integrity or security of the Site or the computers, services, accounts or networks of any other party (including without limitation “hacking,” “denial of service” attacks, etc.), including without limitation any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Kadince internet protocol space;
6. use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc. to access the Site in a manner that sends more request messages to the Site than a human can reasonably produce in the same period of time by using a conventional web browser;
7. executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you;
8. taking any action that imposes, or may impose, as we determine in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
9. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation; or
10. sell or otherwise transfer the access granted under these Terms of Service or any Materials (as defined below) or any right or ability to view, access, or use any Materials.