You and the
Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
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.
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.
11.
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.
12. 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:
http://www.keraprofessional.com/privacy
. 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 inthe
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
theUnited
States
, then through your continued use of the Site,
you
are transferring your data to
theUnited
States
, and you agree to have your data transferred to and processed
in
theUnited
States
.
Further, we do not knowingly accept, request,
or solicit information from children or knowingly market to
children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental
consent, we will delete that information from the Site
as quickly as is reasonably practical.
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.
16.
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 shall be governed by and defined following the laws
of
Canada
.Kera Professional Inc.
and yourself irrevocably consent that the courts of
Canada
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these terms.
Any
dispute arising out of or in connection with this contract, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.
The number of arbitrators shall betwo (2). The seat, or legal place, of
arbitration shall be
Montreal,
Canada
. The language to be used in the arbitral proceedings shall beFrench. The governing law of the contract shall be the substantive law of
Canada
.
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 Arbitration
TheParties
agree that the following Disputes are not subject to the above provisions concerning 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.
19. 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.
20. 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.
21. LIMITATIONS OF LIABILITY
INNO 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.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING THESIX (6)MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. 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) use of the Site; (2) breach of these
Terms of Service
; (3) any breach of your representations and warranties set
forth in these
Terms of Service
; (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) 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.
23. 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.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visitingthe
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.
25. 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.
26. 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
.
27. 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:
Kera Professional Inc.
272 W 77th St 1 B
New York
,NY
10024
United States
Phone:5145830533
support@keraprofessional.com