a. Information We Collect.
The Site may typically collect two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you that we automatically collect when you visit the Site or that you provide us. (1) Personally Identifiable Information: We define “personally identifiable information” as any information that may be used to specifically identify or contact you, such as your name, mailing address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit the Site. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, service, program promotion or some other aspect of the Site. For instance, you may: (a) provide your name, address, e-mail address, and phone number when registering with the Site, or in connection with a contest entry; (b) provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; or (c) post a general comment and/or recommendation on the Site. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on or functionality of the Site.
(2) Non-Personal Information: We define “non-personal information” as any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access the Site. This information can include, among other things, demographic information, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the name of your Internet service provider (e.g., AT&T, Comcast, America Online, NetZero, etc.), the search terms you use while on the Site, the specific web pages you visit, and the duration of your visit(s).
b. How We Use and Share Collected Information.
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, to respond to your inquiries, to better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our affiliates, to communicate with you about content or other information you have posted or shared with us via the Site, to manage transactions such as credit card payments for any goods or services that you order from us, our affiliates or any of our agents, or for the fulfillment of such orders (e.g., delivery). We may share your personally identifiable information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, data storage, security, processing credit card payments, and delivering packages) related to our operation of this Site, processing and fulfillment of product orders, and/or by making certain Site functionality available to our users. Those business partners will only use your information to carry out their specific business obligations to us. We may also share your information with third parties such as our co-promotional partners and others with whom we have marketing or other relationships. You may opt-out from receiving future promotional information from us or our affiliates, or direct that we not share your information with any affiliates, as set forth below. Whether or not you opt-out is your choice; however, in many instances this type of information is required to participate in a particular activity, realize a benefit we may offer, or gain access to certain content on the Site.
(2) Non-Personal Information: We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, better target advertising and advertising campaigns, and improve our services. We may use your non- personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliates and third parties to achieve these objectives and others, but remember that such information is anonymous information that does not personally identify you.
(3) Demographic Information: We use Google Analytics to the Site’s users’ demographic information to better customize our advertising and advertising campaigns, targeting both existing and potential Site users. You can find out more about this type of information gathering and use here: www.google.com/intl/en/policies/privacy. If you wish to discontinue of this type of information gathering and use, you can opt-out here: www.google.com/settings/u/0/ads.
c. Other Uses and Information.
(3) E-mail Communications: If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non- public personal information, such as passwords, social security numbers, or bank account information, to us by e-mail. However, aside from our reply to such an e-mail, it is not our standard practice to send you e-mail unless you request a particular service or sign up for a feature that involves e-mail communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by e-mail for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving e-mail communications from us; that is, you can agree to receive some communications but not others. You may “opt out” of receiving future commercial e-mail communications from us by following the instructions at the bottom of most e-mails we send, or as provided below; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
(4) Transfer of Assets: We may share your information with our affiliates, in which case we will require them to honor this policy. As we continue to develop our business, we may sell or purchase assets. In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
(5) Other: Notwithstanding anything herein to the contrary, we reserve the right to use IP addresses to identify a visitor or disclose any personally identifiable or non-personal information about you if we believe that such action is necessary to: (i) fulfill a government request; (ii) conform with the requirements of the law or legal process; (iii) protect or defend our legal rights or property, the Site, or other users; (iv) respond to claims that any posting or other content violates the rights of third parties; (v) in an emergency, protect the health and safety of the Site’s users or the general public; or (vi) enforce compliance with the Site rules.
(6) Your California Privacy Rights: Residents of the State of California have the right to request from certain business with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information you should send a request to [email protected] with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights Requirements and only information on covered sharing will be included in our response.
d. Public Forums.
e. Wireless Marketing Services.
The features, programs, promotions and other aspects of the Site requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at [email protected] A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
g. Keeping Your Information Secure.
We have implemented security measures to protect against the loss, misuse and alteration of the information under our control, including Secure Sockets Layer (SSL) technology to encrypt the transmission of nonpublic personally identifiable financial and transaction information over the Internet. We also utilize additional security devices such as firewalls, security patches, and anti-virus programs, to protect nonpublic personally identifiable information. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
h. Other Sites/Links.
The Site may link to or contain links to 3rd Party Sites that KL does not control or maintain, such as in connection with purchasing products referenced on the Site and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave the Site and to read the privacy statements of all third party websites before submitting any personally identifiable information. i. Contact and Opt-Out Information. You may contact us at [email protected] if you:
(b) wish to make corrections to any personally identifiable information you have provided;
(c) want to opt-out from receiving future commercial correspondence, including e-mails, from us or our affiliates; or
You agree to indemnify and hold KL and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit, modify or otherwise make available through the Site, your use of the Site and/or Services, your connection to the Site, your violation of the Use Terms, or your violation of any rights of another.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that KL may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that e-mail messages, user posts, or other Content will be retained by the Site, the number of e-mail messages that may be sent from or received by a User Account during a designated time period, the maximum size of any e-mail message that may be sent from or received by a User Account, the maximum disk space that will be allotted on our servers on your behalf, the number of times you may access the Site in a designated time period and/or the amount of time during which you may have access to the Site during any designated time period. You agree that KL has no responsibility or liability for the deletion or failure to store any Content or e-mails or other communications that may be maintained or transmitted by the Site. You acknowledge that KL reserves the right to log off any account connected to the Site that remains inactive for an extended period of time. You further acknowledge that KL reserves the right to modify these general practices and limits from time to time.
4. MODIFICATIONS TO SITE
KL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services, in whole or in part, with or without notice to you. You further understand that any such modifications may result in the removal of your User Content or deletion of e-mails or other correspondence hosted by the Site. You agree that KL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services (or any parts thereof).
You may terminate your User Account or Student Account, along with your access to the Site, at any time by submitting a termination request to KL. You agree that KL may terminate your account at any time without any prior notice to you. Additionally, KL may, without prior notice, limit your access to or suspend your User Account, any associated e-mail address, and access to the Site. Causes for suspension or limitation of access may include, but are not be limited to, breaches of the Use Terms, requests by law enforcement, discontinuance or material modification to the Site (or any part thereof), unexpected technical problems, security issues, extended periods of account inactivity, or fraudulent or illegal activities by you in connection with the Site. Further, you agree that any and all limitations of access, suspensions for cause, or the termination of your User Account are to be made in our sole discretion, and that we shall not be liable to you or any third party for the same.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including any payments thereto and/or the delivery of goods or services there from, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and each such advertiser. You agree that KL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
The Site may provide, or third parties may provide, links to other websites or resources, and you agree and acknowledge that we are not responsible for the any activities related thereo, including the availability of such external sites or resources. Further, you agree and acknowledge that KL does not endorse and is not responsible or liable for any Content, Services, advertising, products or other materials on or available from such websites. You further acknowledge and agree that KL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such website or resource.
8. KL’S PROPRIETARY RIGHTS
a. You acknowledge and agree that the Site, including all and any necessary software used in connection with the Site (“Software”), contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Content and other information presented through the Site, including advertisements placed on the Site, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by KL or the applicable rights holder (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, such Content or the Software, in whole or in part. b. You agree that all of KL’s trademarks, trade names, service marks and other KL logos and brand features, and product and service names are trademarks and the property of KL Mfg. (the “KL Marks”). Without KL’s prior permission, you agree not to display or use in any manner the KL Marks, including adopting any marks or trade names which contain or comprise any of the KL Marks, or any marks which are confusingly similar to the KL Marks.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. KL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SOFTWARE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SOFTWARE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KL OR THROUGH OR FROM THE SITE, SOFTWARE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USE TERMS. E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE OR THE KL SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE OR KL SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE OR KL SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KL AND ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR THE KL SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE KL SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE KL SERVICE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF KL OR ANY OF ITS SUBSIDIARIES, SUCCESSORS, PREDECESSORS, PARENTS, AFFILIATES, OR CONTENT SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR LICENSORS OWED TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ARISING FROM THIS AGREEMENT, ITS TERMINATION OR EXPIRATION, AND/OR YOUR USE OF ANY CONTENT OR SERVICES PROVIDED BY KL, EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY KL FOR THE USE OF THE APPLICABLE CONTENT OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 19 MAY NOT APPLY TO YOU.
You understand and agree that the Site may include, or that we may send you certain administrative messages or notices, such as changes to the Use Terms, maintenance notices, service change announcements, and updates on affiliate associations, and that because such communications are considered part of the Site membership, it won’t be possible for you to opt out of receiving them. These messages and/or notices may be sent in any manner KL deems appropriate, in its sole discretion, including by but not limited to e-mail, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Use Terms by accessing the Site in an unauthorized manner. Your agreement to these Use Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
12. POLICY CONCERNING MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
KL respects the intellectual property of others, and we ask our users to do the same. KL takes very seriously any claims that any portion of the Content infringes upon the valid intellectual property rights of others. Therefore, in accordance with the guidelines set forth in the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, KL will work with owners of copyrights in combating copyright infringements by promptly removing infringing materials from the Site. Additionally, we may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a manner that constitutes infringement of your copyright, or if you believe that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice of infringement with our designated agent:
Attn: DMCA Agent
Each notification of infringement must contain the following:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law;
f. a statement made by you, under penalty of perjury, that the information in your notice is accurate, and that you are either the copyright or intellectual property owner or else are authorized to act on the copyright or intellectual property owner’s behalf.
13. GENERAL INFORMATION
a. Entire Agreement. These Use Terms constitute the entire agreement between you and KL and governs your use of the Site, superseding any prior version of this Use Terms between you and KL with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Site, affiliate services, third-party content or third-party software.
b. Waiver and Severability of Terms. The failure of KL to exercise or enforce any right or provision of the Use Terms shall not constitute a waiver of such right or provision. If any provision of the Use Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Use Terms remain in full force and effect.
c. No Right of Survivorship and Non-Transferability. You agree that your User Account is non- transferable and any rights to your User Account or contents within your User Account terminate upon your death. Upon receipt of a copy of a death certificate, your User Account may be terminated and all contents therein permanently deleted.
d. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Use Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Section Titles. The section titles in these Use Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Use Terms by others by sending us a detailed e-mail outlining the violations, the date and time of the violation(s) being reported (if known) and the identify of the party engaged in the activities being complained of, addressed to: [email protected]