AND MOBILE APPLICATION KOSCHERTIFIED? GROCERY LIST +
Last Modified: May 28, 2020
KosChertified? (“Company”, “we,” “us” or “our”) is a passionate supporter of religious freedom in the marketplace and fair trade practices for the consumer, emphasizing transparency. While respecting true kosher foods and religiously certified products for those requiring or seeking them, we further respect the rights of consumers to not have the religious laws of one faith or sect imposed on the goods and services in their free marketplace without having robust choices to purchase outside this, as American consumers are diverse in their religious and spiritual following. KosChertified? seeks to help all consumers better understand their shopping choices, by increasing the information available regarding the kosher certification and other religious certification processes. We aim to provide services and resources to consumers relating to the kosher food certification industry (our primary focus), to shed light on lesser known practices, promote kosher awareness and certification recognition inclusiveness, dispel common misconceptions and raise public discussion about what foods and other inedible products actually are, or are not, kosher certified. Other religious certification practices, for instance halal certification, are addressed from time to time with similar purpose. Given the severe unfamiliarity (as exemplified in our past surveys) that most consumers have on the religious certification dominance in the U.S. marketplace after nearly one century, we resort to provocative marketing strategies necessary to penetrate the systemic shroud of secrecy on this subject matter, all while delivering essential consumer awareness with the potential to affect fair change for the benefit of all consumers, regardless of faith or identity.
www.MyNKCProducts.com, www.thekosherquestion.com and www.kosher-free.com (the “Websites”), mobile application KosChertified? Grocery List + (the “App”), and including any software, features, content, functionality, or other services offered thereon (collectively the “Services”).
You must be at least 13 years of age or older, to use the Services. By creating an account or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are not of the legal age to enter into a binding agreement, your parent or guardian must agree to, and shall be deemed to have agreed to, the Terms on your behalf.
2) INFORMATION PRESENTED
Information Presented. The information presented on the Services is based solely on our industry research and findings, and the opinions stated in such research and findings. Such information may include products, news stories, educational materials, investigative reporting, critiques and analysis relating to kosher foods and the kosher certification process. We do not represent ourselves as being experts in the field, or that the information is derived from any expertise. We are simply consumers like yourself who want to raise awareness and education of kosher foods and the certification processes.
Research Methods: We conduct industry research from publicly available resources on products that are kosher certified. Often products may not have clear, accurate or up-to-date labeling of whether they are, or are not, kosher certified. For example, some products may be in the process of becoming kosher certified, but their labeling does not yet reflect that. While other products might have an expired certification, but failed to update their labeling. Therefore, our Services help consumers determine what products are accurately labeled as kosher certified, by maintaining a list of flagged products whose kosher certification status are either expired, disproved or ambiguous.
General Purposes: The information presented on the Services is made available solely for general information purposes and is not intended to be authoritative. Such information is not intended to validate, invalidate, endorse or otherwise comment on any particular religious beliefs any way. The products, topics, laws, articles or resources referenced in the Services may change from time to time, and we do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.
We may revise and update these Terms from time to time in our sole discretion. We shall notify you when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms page from time to time so you are aware of any changes, as they are binding on you.
4) CHANGES TO THE SERVICES
Changes to Services: We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, features or functionality for certain platforms at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.
Availability of Services: Services may be interrupted from time to time, for maintenance, repairs, upgrades, or network or equipment failures.
5) ACCESSING THE SERVICES & ACCOUNT SECURITY
Access & Data Plan: You are responsible for obtaining all necessary devices, and data connections for using the Services, for making all arrangements necessary for you to have an internet connection, and access to the Services, and for all fees, taxes, or carrier data plans, associated with your use of the Services. We do not provide any such services or devices.
Registration & Contact Information: You agree to only create and maintain one (1) user account for your use of the Services. It is a condition of your use of the Services that all registration information you provide is correct, current and complete. For purposes of registration and using the Services, you must provide an accurate and up-to-date name, email address, financial information for sending or receiving transaction funds, phone number, country and age. You further agree to provide us with any further documents we may request from time-to-time to verify your identity or as necessary to complete an auction or sale.
Account Security: If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You are responsible for any activity that occurs under your screen name. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Third Party Access: If any other person accesses the Services through your internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them.
6) AUTHORIZED & PROHIBITED USES
Authorized & Non-Commercial Uses: You may use the Services only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. These Terms permit you to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.
Unauthorized & Prohibited Uses: You agree not to use the Services:
0) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).
1) In any way that violates, misappropriates, or infringes the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
2) To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms.
3) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “bulk messaging,” “auto-messaging,” “spam” or any other similar solicitation.
4) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company, or users of the Services, or expose them to liability.
6) In any manner that is fraudulent or illegal, or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Harm to Software: Additionally, you agree not to:
0) Use any device, software or routine, or otherwise use the Services in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
1) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
2) Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Services for any purpose, including but not limited to posted items, user profiles, names, addresses or photos.
3) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
4) Collect the information of or about our users in any impermissible, unauthorized or prohibited manner.
5) Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material which is malicious or technologically harmful.
6) Otherwise attempt to interfere with the proper working of the Services in any way.
7) OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Ownership: The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, documents, images, illustrations, photographs, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property”). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms.
Trademarks: The Company name, the term KosChertified?, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
License: We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services in accordance with these Terms. This license is for the sole purpose of allowing you to access or use the Services as authorized, and no other rights or licenses are granted by implication or otherwise.
Prohibited Uses. You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display or perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other material on the Services. You must not delete or alter any copyright, trademark or other proprietary rights notices on the Services.
Downloads: For desktop, mobile or other applications offered for download, you may download one (1) single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Infringement: If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
8) USER SUGGESTIONS & CONTRIBUTIONS
Contributions: The Services may contain personal web pages or profiles, message boards or threads, chat rooms, forums, bulletin boards or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content, materials or suggestions for improvements or products that should be added to the Services (collectively, “User Contributions”) on or through the Services.
Compliance: We do not claim ownership for any User Contributions. However, all User Contributions must comply with the User Content Standards set out in these Terms. We may use your suggestions without any obligation to compensate you for them, just as you are not obligated to provide them.
License: Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant the Company and its licensees, successors and assigns a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable and transferable, license to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material.
Representations & Warranties: You represent and warrant that all of your User Contributions do and will comply with these Terms, and that you own or control all rights to the User Contributions and have the right to grant the license above.
Responsibility: We highly encourage users to post any content or suggestions for improvements or products that should be added to the Services. However, you understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
9) USER CONTENT STANDARDS
These user content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
0) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
1) Post or promote sexually explicit, suggestive or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
2) Promote any illegal activity, or advocate, promote or assist any unlawful act.
3) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
4) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
6) Impersonate any person, misrepresent your identity or affiliation with any person or organization, give the false impression that they emanate from or are endorsed by us or any other person or entity, or would otherwise be likely to deceive any person in any way.
7) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10) TERMS OF SALE
Terms of Sale: Our Terms of Sale explains the process and terms by which users may subscribe to our Services, or purchase premium features, and how such transactions are conducted through the Services. All sale transactions, including but not limited to monthly subscriptions for reports or other advanced features, or purchase for any a-la-carte or premium features, are subject to, and governed by our Terms of Sale, which is incorporated into this document by this reference. By accessing, installing, or otherwise using any of the Services, you agree to be bound by the Terms of Sale, and consent to all actions taken by us with respect to your subscription in compliance with the Terms of Sale.
Subscription: If you enroll in any annual subscriptions, you agree to pay the initial and recurring subscription fee, at the present rate at the time of each charge. Once enrolled, we will continue to automatically process your subscription fee each year, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at any time.
11) NOTICE AND TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS
DMCA: It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following instructions are intended to expedite the process of submitting notices of alleged infringement, while reducing the number of fraudulent or ambiguous notices we receive.
Notice & Takedown: It is expected that all users of the Services will comply with applicable copyright laws. However, if we receive proper take-down notification of alleged copyright infringement, our response will be to remove or disable access to all such material. It is our policy to terminate the user accounts of repeat infringers. If we remove or disable any such access in response to a notice, we will make a good-faith effort to contact the account owner so they may make a counter notification.
Reporting Infringement: If you believe that any information on the Services violates your copyright, trademark or other intellectual property, please follow the instructions below for sending us a notice of infringement. Please note, you may be liable for damages (including costs and attorneys’ fees) for materially misrepresenting that material is infringing your intellectual property. If you are unsure whether online material constitutes infringement, we suggest you first contact an attorney.
Infringement Notification: If you believe any information on the Services constitutes infringement of your copyrighted work, or other violation of your intellectual property rights, please provide the following information in a written communication:
· Identification of the copyright work or works claimed to be infringed.
· Identification of the material claimed to be infringing, and that should be removed, and information reasonably sufficient to permit us to locate the material.
· Information reasonably sufficient to permit us to contact you, such as an address, phone number and email address.
· The following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
· The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
· A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or person authorized to act on the owner’s behalf.
Designated Agent: All notices of copyright infringement claims should be sent by email to our designated agent at email@example.com, and should include the email subject of “NOTICE OF COPYRIGHT INFRINGEMENT.”
12) ENFORCEMENT & TERMINATION
Enforcement: We have the right to:
0) Refuse to service to anyone for any reason at any time.
1) Remove or refuse to use any User Contributions for any or no reason in our sole discretion.
2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, is unlawful, threatening, defamatory, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
3) Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.
4) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
5) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.
6) Disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
7) Terminate, suspend, disable or modify your access to or use of all or part of the Services at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.
No Liability: We do not have an obligation to monitor or review any User Contribution before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contribution, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Law Enforcement: Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, AS A RESULT OF, OR CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR OTHER LAW ENFORCEMENT AUTHORITIES.
Content Storage: In providing the Services, we do not ordinarily retain user information. Your information is stored on your own device. Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. We encourage you to maintain your own backup of your User Contributions. We will not be liable for any modification, suspension, discontinuation, or loss of any User Contributions, or other user content.
13) INTEGRATION WITH THIRD PARTY SERVICES & POLICIES
Third Party Links: If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained on resource pages, in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
No Liability for Third-Party Content: The Services may include content provided by third parties, including User Contributions, or materials provided by other users, bloggers and third-party licensors, advertisers, syndicators, aggregators or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, or for any services rendered or information provided by any third parties. All statements and opinions expressed in such content, and all responses to such content are solely the opinions and responsibility of the party providing such content. Such content does not necessarily reflect the opinion of the Company.
14) LINKING TO THE SERVICES & SOCIAL MEDIA FEATURES
Linking: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.
Social Media: The Services may provide certain social media features that enable you to link to content on the Services, send communications with content or links through the Services, or display limited portions of content on other sites. You may use these features solely as provided, with respect to the content they are displayed with. Subject to the foregoing, you must not:
0) Establish a link from any website that is not owned by you.
1) Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Removal: You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, and may disable all or any social media features and any links at any time without notice in our discretion.
15) ADDITIONAL TERMS FOR MOBILE APPS
The additional terms in this section specifically apply to copies of the Services accessed through or downloaded from the Apple App Store or Google Play Store (collectively “App Providers”). You acknowledge and agree that:
· These Terms are between you and us, not the App Provider. We are only responsible for the App, not the App Provider.
· The App Provider has no obligation to furnish any maintenance and support services regarding the App.
If you have acquired the App through the Apple App Store, you further agree that:
· If the App fails or perform or conform to any applicable warranty, you may notify the App Provider, and they may refund the purchase price of the App to you (if applicable). To the maximum extent permitted by law, the App Provider will have no other obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to the non-conformance of the App will be our responsibility.
· The App Provider is not responsible for addressing any claims you may have relating to the App, or your possession or use of the App, including but not limited to: (1) product liability claims; (2) claims that the App fails to conform to legal or regulatory requirements, and (3) claims arising under consumer protection or similar legislation.
· For any third-party claims that the App, or your possession or use of the App, infringes any third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of such claims to the extent required by these Terms.
If you have acquired the App through the Google Play Store, you further agree that:
· You may request a refund (if applicable) from the App Provider within 48 hours. The App Provider will refund the purchase price for the App (if applicable) to you.
· When you acquire the App through the App Provider, you are allowed unlimited reinstallations of the application. However, should the App be removed from the App Provider’s store, users shall not longer have a right or ability to reinstall affected products.
16) DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL, HOW OUR USERS USE OUR SERVICES, OR THE ACTIONS, INFORMATION OR USER CONTRIBUTIONS OF OUR USERS OR OTHER THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH USERS OR THIRD PARTIES. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
17) LIMITATION ON LIABILITY
THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER AMOUNT OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE SERVICES OR PURCHASES IN THE LAST TWELVE (12) MONTHS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) the violation of these Terms by you or anyone using your account; (b) your use or misuse of, or access to the Services, including, but not limited to, your User Contributions, and your use of any information obtained from the Services; (c) your interaction with any users; and (d) any other uses other than as expressly authorized in these Terms.
19) GOVERNING LAW & JURISDICTION
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States, or the courts of the State of California, in each case located in the City of San Marcos and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20) GEOGRAPHIC RESTRICTIONS
The owner of the Services is based in the state of California in the United States. Our Services and content provided on our Websites and Mobile App are based on products available in United States markets only. Our Services do not review or present information on foreign products. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Our Services are not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit our Services in any country.
You agree to not download or use the Services if you are located in a restricted country, if you are listed on any US or non-US restricted parties list, or for any reason prohibited by export and trade laws, and you agree not to disguise your location through IP proxy or other methods. You agree to not, directly or indirectly, export, provide or otherwise transfer our Services to any individual, entity prohibited by export and trade laws, to anyone on US or non-US government restricted parties lists, or for any purposes prohibited by export and trade laws, including nuclear, chemical or biological weapons, or missile technologies without the required government authorizations.
21) DISPUTE RESOLUTION
Arbitration: For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, County of San Diego, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
No Class Actions: You agree that you may only bring disputes against the Company on your own behalf, and not on behalf of any other person or entity, or any class of people. You agree not to participate in any class action, class arbitration, or consolidated disputes. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
22) GENERAL TERMS
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company.
Language: Our Terms are written in English. Any translated version is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.
Entire Agreement: The Terms constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any future Terms are agreed to, such future Terms shall govern.
We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide during registration; or (b) by posting to the Websites. Such notices will be effective when the email is sent, or when posted. It is your responsibility to check the Websites from time to time, and keep your email address current, so you can stay updated on changes.
To give us notice under these Terms, you must send written notice by personal delivery, overnight courier, or registered or certified mail, to: KosChertified?, P.O. Box 2823, San Marcos, CA 92079. We may update the address for notices to us by posting a notice on the Websites. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
24) YOUR QUESTIONS & COMMENTS
We always welcome any feedback you may have about KosChertified? or any of our other services. All feedback, comments, requests for technical support and other communications relating to the Terms or Services should be directed to:
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