Thank you (“you” or “your”) for visiting kFetch.com (the “Site” and, collectively with any content or services provided by or through the Site, the “Services”) which is owned and operated by kFetch LLC (“we”, “us”, “our” or “kFetch”).
TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING, USING, DOWNLOADING MATERIALS FROM OR OTHERWISE UTILIZING THE SERVICES (ANY OR ALL OF THE FOREGOING, “USE”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS PROVIDED BELOW IN SECTION 2. THESE TERMS AND CONDITIONS, TOGETHER WITH ANY SUCH CHANGES, WILL BE REFERRED TO COLLECTIVELY AS THE “TERMS”. IF AT ANY TIME YOU DO NOT AGREE WITH THE TERMS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES. IF YOU TERMINATE YOUR USE, THE TERMS WILL STILL APPLY TO YOU.
If you are not permitted to use the Services or enter into agreements by applicable law, you agree not to use the Services. If you use the Services on behalf of or for the benefit of a company, organization, association or other entity, you represent and warrant that you are an authorized representative of such entity and that your use of the Services binds both you and such entity to the Terms. In such case, the terms “you” and “your” in the Terms will mean and include you and such entity, collectively.
2. MODIFICATION OF TERMS.
We reserve the right, in our sole discretion and from time to time, to modify, add to or remove provisions of the Terms (each, a “change” and collectively, the “changes”). You agree to review the Terms periodically for any such changes. For any change of the Terms, we will add a notice to our home page that the Terms have changed and keep the notice on the home page for a period of five (5) days. Your use of the Services after any changes will constitute your acceptance of the then-current Terms, which will apply to your use from and after the notice of such changes is first added to our home page.
3. RIGHTS OF USE.
(a) Subject to your compliance with the Terms, you may view, download to your personal computer and print content from the Service solely for your personal, non-commercial educational, academic and research purposes. Such rights are limited, non-exclusive, non-transferable and freely revocable by us at any time. All other rights are expressly reserved including, without limitation, all intellectual property and proprietary rights that we have in, to and under the Services including, without limitation, all such rights we have to graphics, works of authorship, compilations, databases and trademarks that may be available on or through the Services. kFetch™ is our trademark.
(b) You agree not to:
- use the Services unless you are in full compliance with the Terms;
- use the Services unless you have previously confirmed that such use is permitted by applicable law;
- rent, lease, loan, sell, resell, sublicense, distribute, display, upload, post, reproduce, republish, transfer or transmit all or any part of the Services;
- use the Services in any manner that would or could violate our or any third party’s intellectual property rights;
- delete or modify any of our copyright or other proprietary rights notices appearing on any part of the Services;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services;
- modify, adapt, translate or create derivative works or compilations of all or any portion of the Services;
- use the Services (or any portion thereof) in connection with any business or commercial activity;
- interfere with or damage the operation of the Services;
- download the Services or any portion thereof in bulk, through any systematic or excessive methods, or in any manner inconsistent with your rights under Section 3(a);
- use any robot, spider, extraction tool, scraper, or other automated means to access the Services for any purpose or bypass any measure we may use to prevent or restrict access to the Services or any portion of the Services;
- use the Services or any portion thereof to develop, or as part of, any information storage or retrieval system, database, information base or similar resource (in any media now existing or hereafter developed);
- use the Services in any manner that would compete with the Services or to start or operate a business or enterprise competitive with the Services; or
- directly or indirectly assist or aid any third party (whether an individual or otherwise) in any of the foregoing activities or any activities that would or could constitute a violation of the Terms.
(c) You acknowledge and agree that the provision of the Services does not constitute legal or any other kind of advice, recommendation or counseling under any circumstance and your use of the Services does not create an attorney-client relationship. You acknowledge and agree that we are not a law firm and we are not a lawyer referral service. You acknowledge and agree that the content contained in or through the Service are not legal forms, may not conform to requirements of applicable law and may not be applicable to, appropriate for or address any particular issue or transaction. You agree that you will seek legal advice from an attorney licensed in your jurisdiction in connection with any legal issues or transactions in which you are involved.
You agree to indemnify, save, and hold us, our suppliers and licensors, and each of our and their respective managers, members, directors, officers, contractors, employees, agents and representatives harmless from any claims, actions, proceeding, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of the Terms, or any breach of the representations, warranties, covenants, agreements and acknowledgements made by you herein. 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 with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SERVICES TO OPERATE OR FOR ANY ERRORS OR OMISSIONS IN OR WITH RESPECT TO THE SERVICES OR ANY PART OF THE SERVICES.
YOU AGREE THAT THE SERVICES HAVE NOT BEEN REVIEWED, VERIFIED OR AUTHENTICATED FOR ANY PURPOSES, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS. YOU AGREE THAT WE DO NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE SERVICES OR ANY CONTENT CONTAINED ON OR THROUGH THE SERVICES.
WE DISCLAIM, AND MAKE NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO OR IN CONNECTION WITH THE SERVICES INCLUDING AS TO MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA SECURITY, AVAILABILITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL MATERIALS, FREEDOM FROM UNAUTHORIZED ACCESS, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS.
6. Limitation of Liability; Limitation on Damages.
- YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES RESULTING FROM, OR RELATING DIRECTLY OR INDIRECTLY TO, YOUR ACCESS TO OR USE OF THE SERVICES. YOU AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER).
- YOU AGREE THAT IF, NOTWITHSTANDING THE LIMITATIONS CONTAINED HEREIN, WE ARE FOUND TO BE LIABLE TO YOU, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OR YOUR USE OF THE SERVICES, EXCEED ONE DOLLAR ($1.00).
- YOU AGREE THAT NONE OF OUR MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS OR CONTRACTORS WILL HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, AND YOU AGREE NOT TO ASSERT ANY CLAIMS OR INSTITUTE ANY ACTIONS AGAINST ANY ONE OR MORE OF THEM.
- YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS SET FORTH IN THESE TERMS, THAT THE DISCLAIMERS AND THE LIMITATIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE DISCLAIMERS AND LIMITATIONS OF FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- IF YOU HAVE A CLAIM AGAINST US, YOU MUST RAISE SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR SUCH CLAIM WILL BE FOREVER BARRED. YOU AGREE THAT THIS DOES NOT LIMIT ANY OTHER MORE RESTRICTIVE LIMITATIONS UNDER APPLICABLE LAW THAT MAY APPLY.
- YOU AGREE THAT THE LIMITATIONS CONTAINED IN THIS SECTION 6 APPLY REGARDLESS OF WHETHER YOUR CLAIM, LOSS OR DAMAGE ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER CAUSE OF ACTION AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILE OF SUCH CLAIM, LOSS OR DAMAGE, OR IF SUCH CLAIM, LOSS OR DAMAGE WAS OTHERWISE FORESEEABLE.
- CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
You agree that we may, with or without notice, terminate your use of the Services, in whole or in part, at any time and in our sole and absolute discretion. You may terminate your use of the Services at any time. We may suspend or terminate all or part of the Services at any time. The Terms, other than your rights under Section 3(a), will continue to apply regardless of any termination or suspension by us or by you. Any termination or suspension is without prejudice to any rights or remedies that we may have that have accrued prior to any such termination or suspension.
8. Additional Provisions.
- The Terms control the relationship between us and you, and supersede any prior or contemporaneous agreements (whether written or oral). The Terms do not create any third party beneficiary rights.
- If you do not comply with the Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- If it turns out that a particular term is not enforceable, this will not affect any other terms, and all terms will be enforced to the maximum extent permissible by law.
- The laws of the State of New Jersey, U.S.A., excluding the State of New Jersey’s conflict of laws rules, will apply to any disputes arising out of or relating to the Terms or the Services. All disputes arising out of or relating to the Terms and/or the Services will be litigated exclusively in the federal or state courts of Middlesex County and Mercer County, New Jersey, USA. You and kFetch consent to personal jurisdiction in those courts. Notwithstanding the foregoing, we reserve the right to institute actions against you in other courts to obtain equitable relief as we may deem appropriate from time to time.
- The headings and sub-headings of the Terms are for convenience only and are not to be used when interpreting or construing the Terms.
- You may not assign, transfer or delegate the Terms or any of your rights under the Terms. Any attempt by you to do so will be void and of no force and effect. We may free assign, transfer or delegate the Terms and/or any or all of our rights under the Terms.