Web Site Terms of Usage
IMPORTANT READ CAREFULLY ON USING THE KUDER WEB SITE
Click to view a specific area of the user agreement...
- Use Restrictions
- Restricted Rights
- Transmissions
- Indemnification
- Limitation of Liability
- DISCLAIMER
- Links to Third-Party Sites
- Copyright
- Copyright Infringement Notice
- Trademark
- Impermissible Activity
- Data Collection & Use
- Monitoring the Site
- Governing Law
- Termination
- Severability
Absent prior written permission from an officer of Kuder, Inc. you may not copy, distribute, republish, upload, post, or transmit information contained in this Web site ("Information") in any manner. Provided, however, you may download one copy of the Information onto one computer for your personal, non-commercial use only, provided you do not change the Information in any manner and further provided that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information.
This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, use any type of data mining, robots, or similar data gathering or extraction methods on this Web site. Any Information downloaded by you from this Web site is merely licensed to you by Kuder. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright, or trademark. All such rights remain with Kuder. Modifying, or using the Information for any purpose other than as specifically authorized herein violates Kuder's intellectual property rights. Absent prior written consent from an officer of Kuder you may not copy or imitate any elements of this Web site, including, but not limited to, graphics, digital images, logos, sounds, images, icons and buttons, protected by trade dress and other laws. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. Absent prior written consent from an officer of Kuder, you may not use framing, metatag or hidden text techniques in association with any Kuder trademark, logo or other copyrighted or proprietary information.
Kuder will prosecute all violations of Kuder’s proprietary rights and of any other violation of this Agreement to the fullest extent permissible under applicable state, federal and/or international law.
Kuder grants you only RESTRICTED RIGHTS regarding use of the Information and Web site. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Kuder, Inc., 302 Visions Parkway, Adel, Iowa, 50003.
You acknowledge that transmissions by you to or from this Web site ("Transmissions") are non-confidential and that others may read and/or intercept such Transmissions. Kuder has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this Web site or Kuder's server and to edit or delete any Transmissions which violate any term of this Agreement. You hereby consent to Kuder's collection and use of such Transmissions in accordance with Kuder's then current Privacy Policy and acknowledge that submitting Transmissions to this Web site, creates no confidential or fiduciary relationship between you and Kuder. By using this Web site, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to Kuder. Accordingly, Kuder shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to this Web site, you irrevocably waive all "moral rights" in such Transmissions.
You agree to defend, indemnify and hold Kuder, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Web site, including, but not limited to: (1) your submission to this Web site of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL KUDER ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO KUDER'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF KUDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT KUDER'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO KUDER IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEB SITE.
YOU ACKNOWLEDGE THAT THIS WEB SITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT KUDER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEB SITE OR THE INFORMATION. KUDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEB SITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) KUDER DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) KUDER DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
Kuder may periodically change the Information. Kuder reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this Web site to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply Kuder's endorsement or sponsorship thereof.
This Web site includes hypertext links to other web sites and Kuder has no control over, and makes no representations of any kind regarding the content on such web sites or the content on any web site linked to such web sites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Kuder regarding such web sites and must adhere to the usage and privacy policies governing such sites. Note that this Web site's use of hypertext links to other web sites does not imply Kuder's sponsorship or endorsement of any such web sites.
All copyrightable Information (other than this Web site Terms of Usage and the Privacy Policy), including the selection and arrangement thereof are copyright © 2004 Kuder. ALL RIGHTS RESERVED. This Web site Terms of Usage and Privacy Policy are copyright © 2000 Brett J. Trout, Esq. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit, the Information in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Kuder.
9. Copyright Infringement Notice
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Kuder has designated an agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to this Web site. You must submit all such notifications relating to this Web site in a manner consistent with the DMCA to the following agent:
Web site Content Provider: Kuder, Inc.
Designated Agent for Receipt of Infringement Notification: Ed Harrington
Designated Agent’s Address: 302 Visions Parkway, Adel, Iowa 50003
Designated Agent’s Telephone Number: 515-993-3005
Designated Agent’s Facsimile Number: 515-993-5422
Designated Agent’s E-mail Address: webmaster@kuder.com
All trademarks used on this Web site are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, Kuder, the Kuder logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Web site ("Marks") are trademarks of Kuder and/or its affiliates. Absent prior written consent from an officer of Kuder, you may not copy imitate or use any portion of the Marks.
You must not use this Web site or the Kuder server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Web site; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
Your Transmissions are subject to Kuder's Privacy Policy. By using this Web site, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Kuder may change its Privacy Policy without notice to you. Your continued use of this Web site after the posting of any changes, shall constitute your agreement with and acceptance of such changes.
Kuder does not knowingly collect data directly from anyone under 13 years of age, without either the: 1) consent of the parent or guardian; or 2) written permission from the school where the child is enrolled as a student, wherein such permission designates Kuder to act as an agent of the school for the collection of the data. If you believe Kuder has inadvertently collected any such data from anyone under 13 years of age without such consent, or if you are the parent or guardian of a child for whom such consent has been received and wish to broaden, amend or withdraw such consent or retrieve or remove any data collected, please contact our web site administrator at webmaster@kuder.com.
You acknowledge that you are solely responsible for all of your activities in relationship to this Web site, including the contents of all Transmissions, and the consequences thereof. You agree to indemnify, defend and hold Kuder harmless for any liability arising from your use of this Web site. While Kuder respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. Kuder may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Web site in association with such spam, any computer viruses or any other potentially damaging computer code. Kuder will prosecute Violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Web site as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Kuder reserves the right to report any Transmissions which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.
This is the entire agreement between you and Kuder relating to your use of this Web site. The laws of the State of Iowa, United States of America shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Privacy Policy shall be filed only in state or federal court located in Des Moines, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.
Either you or Kuder may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web site. Kuder may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Web site.
If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
