IMPORTANT: READ CAREFULLY REGARDING YOUR USE OF THIS WEBSITE.
Kuder, Inc. (“Kuder”) operates this website through which the Kuder Career Planning System (“KCPS”) is accessible (“Website”) to provide online access to information about Kuder and the products and services provided by Kuder. By accessing and using this Website, you agree to each of the terms and conditions set forth in these Website Terms of Usage (sometimes referred to as the “Agreement”).
Kuder reserves the right to modify this Agreement at any time without giving you prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Click to view a specific area of the user agreement…
- Copyright and Restricted Use License
- U.S. Government Use
- Transmissions and Ownership Thereof
- Limitation of Liability
- Links to Third-Party Sites
- Copyright Infringement Notice
- Impermissible Activity
- Data Collection and Use
- Governing Law
Copyright and Restricted Use License
This website and its contents are copyright © 2000-2013 Kuder, Inc. All rights reserved.
Absent prior written permission from an officer of Kuder, you may not copy, distribute, republish, upload, post, or transmit information including text, logos, graphics, digital images, sounds, icons and buttons, contained in this Website (“Information”) in any manner. The Information is proprietary and protected by US Copyright Laws. You may not change the Information in any manner or delete or change any copyright, trademark, or other proprietary notice contained in the Information. Doing so would violate Kuder’s intellectual property rights.
You are provided a restricted use license to use this Website according to the following terms: You may not sell the Information or use the Information for commercial use. You are prohibited from using any type of data mining, robots, or similar data gathering or extraction methods on this Website. 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. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. You may not use framing, metatag, or hidden text techniques in association with any part or portion of Kuder’s Information.
Kuder takes its intellectual property rights seriously and protects them accordingly and to the fullest extent permissible under applicable state, federal and/or international law.
U.S. Government Use
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.
Transmissions and Ownership Thereof
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 or misuse of this Website or the Information, including, but not limited to: (1) your submission to this Website of any Transmission; (2) your breach or alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
Limitation of Liability
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 WEBSITE OR THE INFORMATION, 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, OBTAINING SUBSTITUTE GOODS AND SERVICES, UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR TRANSMISSIONS, OR ANY OTHER TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS WEBSITE, 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, KUDER’S LIABILITY IS LIMITED AND THE ABOVE WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL KUDER’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO KUDER IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
YOU ACKNOWLEDGE THAT THIS WEBSITE 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 WEBSITE OR THE INFORMATION. KUDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE WEBSITE OR THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) KUDER DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, SECURITY, COMPLETENESS OR ACCURACY OF THE INFORMATION, THE WEBSITE OR ANY SERVICES OR FUNCTIONS PROVIDED BY THE WEBSITE; AND (3) KUDER DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE 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 Website 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.
Links to Third-Party Sites
This Website includes hypertext links to other websites and Kuder has no control over, and makes no representations or warranties of any kind regarding the content on such websites or the content on any website linked to such websites, 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 websites and acknowledge that you must adhere to and will be subject to the usage and privacy policies governing such sites. Note that this Website’s use of hypertext links to other websites does not imply Kuder’s sponsorship or endorsement of any such websites.
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 Website. You must submit all such notifications relating to this Website in a manner consistent with the DMCA to the following agent:
Website Content Provider: Kuder, Inc.
Designated Agent for Receipt of Infringement Notification: David Rawson
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: email@example.com
All trademarks used on this Website 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 Website (“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.
By using this Website you agree not to use this Website 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 Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
Data Collection and Use
Either you or Kuder may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website and discontinuing your use of the Website. 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 Website.
Date last revised: February 11, 2013.