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Terms of Service

We welcomes you and are pleased to offer the Kayanta service. The following terms and conditions (the "Terms of Service") govern your access to and use of the Kayanta web site ("Site"), any services provided by Kayanta through the Site ("Service") and any information, text, graphics, or other materials appearing on or linked to or from the Site or Service ("Content"). By accessing or using this Site, Content, or Service, you agree to be bound by these Terms of Service.

We reserve the right to modify this Terms of Service from time to time without notice. The revised terms will take effect when they are posted.

1. USER ELIGIBILITY

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

2. GENERAL USE AND STORAGE POLICIES

You acknowledge that we may establish general practices and limits concerning access and/or use of the Site, Content, and Service. You agree that we have no responsibility or liability for the deletion or failure to store or display any content that you contribute to the Content, Site, or Service.

3. REPUBLISHING

You may copy, modify and redistribute Content in accordance with the guidelines posted on the Site or Service provided that you comply with the licenses that are presented with such Content.

4. USER CONTRIBUTED CONTENT

By uploading or linking content to the Site or Service, you are granting permission to Kayanta and others to access and use it under the terms and conditions of the Creative Commons Attribution 3.0 License. The text of this Creative Commons Attribution License can be found here. By uploading or linking content to the Site or Service, you also represent and warrant that you have sufficient rights in the material to provide it under the terms of the Creative Commons Attribution License.

5. CONTENT LINKED TO BY KAYANTA USERS

The inclusion of any link on the Site, Service or Content does not imply that we endorse, recommend or are affiliated with the linked organization or company, the content, product or services on or available from such linked web site. You acknowledge sole responsibility for and assume all risk arising from your access and/or use of any such linked web sites.

6. REGISTRATION AND PASSWORD

You may be required to register to use the Service and to select a password and user name as well as provide an email address and limited information about yourself. In such a case, you will provide us with complete, accurate and current information and will promptly update such information as necessary to ensure that it remains complete, accurate and current. We reserve the right to suspend or terminate your account if we determine (or have a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate or no longer current. If you are required to register, you will designate an email address, and receive a user name and/or password. In such case, you will accept responsibility for any use of the Service under your user name, email address and/or password. You will be responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.

7. PRIVACY POLICY

We respect the privacy of others. These Terms of Service incorporate the terms of the Kayanta Privacy Policy, which may be found at here.

8. COPYRIGHT POLICY

We respect the copyrights of others and expect our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of the Kayanta Copyright Policy, which may be found at http://www.kayanta.com/copyright and acknowledge that we will, in accordance with the Copyright Policy, terminate the account of any user who uses the Site or the Service repeatedly to infringe the intellectual property rights of others.

9. USER CONDUCT

As a condition to your access and/or use of the Site, Content, or Service, you agree not to:

  • Upload, post, email, transmit, link to, or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for or harm against any individual or group;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service;
  • Upload, post, email, transmit, link to, or otherwise make available any information, materials or other content that infringes another's rights, including any copyrights or other intellectual property rights;
  • Upload, post, email, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained on this Site other than solely for purposes of use in an information-location tool or search service such as Google, Yahoo or MSN Search;
  • Reverse engineer, decompile or disassemble any of the software used to provide this Site, Content or Service; Interfere with or disrupt this Site, Content or Service, or any servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto; or Obtain, collect, store or modify the personal information about other users.

10. ENFORCEMENT OF TERMS

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have no obligation to pre-screen or monitor your access and/or use of its Site, Content or Service, but have the right to do so for the purpose of operating this Site, Content or Service to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any Content or portions thereof that violate these Terms of Service or that is otherwise objectionable.

11. PROPRIETARY RIGHTS

Kayanta, its licensors and content providers own all right, title and interest in and to the Content created on this Site and Service. This Site and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.

12. TERMINATION

You may terminate or cancel your account at any time. If you violate these Terms of Service, your permission to access and/or use the Site, Content, and Service will automatically terminate. We reserve the right to discontinue providing or to change this Site or the Service at any time and without notice.

13. TRADEMARKS

Kayanta, the Kayanta logo and all other Kayanta trademarks, service marks, product names, and trade names of Kayanta appearing on or in conjunction with the Site or Service are owned by Kayanta. All other trademarks, service marks, product names, and logos appearing on this Site are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on this Site without the owner's prior written consent.

14. RELATIONSHIP OF THE PARTIES

You and Kayanta are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.

15. DISCLAIMER OF WARRANTIES

THIS SITE, CONTENT, AND SERVICE ARE PROVIDED "AS IS." KAYANTA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, CONTENT, AND SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THIS SITE, CONTENT, AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAYANTA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KAYANTA MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SITE, CONTENT, AND SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, CONTENT, AND SERVICE.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KAYANTA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE, CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KAYANTA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT KAYANTA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OF THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, KAYANTA WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR LINKED TO THROUGH THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF KAYANTA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICE IS LIMITED TO $1000.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KAYANTA AND YOU.

17. INDEMNITY

You agree to defend, indemnify, and hold harmless Kayanta, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to and/or use of the Site, Content, or Services, or your violation of these Terms of Service or the Kayanta Copyright Policy.

18. SEVERABILITY

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

19. WAIVER

The failure of Kayanta to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

20. CONTROLLING LAW AND JURISDICTION

These Terms of Service and any action related thereto will be governed by the laws of the State of Massachusetts without regard to or application of its conflict of law rules or principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be that of state and federal courts located in Sufflok County, Massachusetts, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

21. ENTIRE AGREEMENT

These Terms of Service and the policies referenced herein are the entire and exclusive agreement between Kayanta and you regarding the Site, Content, and Service. These Terms of Service supersede and replace any prior agreements between Kayanta and you regarding the Site, Content, and Service.