Terms of Use & Privacy Policy

TERMS OF USE

Acceptance of Terms of Use and Amendments

Each time you use or cause access to this website (“website or site”), you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you.  In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read this site’s Privacy Policy, which is incorporated within these Terms of Use by reference.

The Site Owner’s Service

This website and the services provided to you on and via this website are provided on an “AS IS” basis. You agree that the owner, operator or manager of this site (“site owner”) reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you.  The site owner will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Your Responsibilities and Registration Obligations

In order to use this website or certain parts of it, you may be required to register for a user account on this website.  In this case, you agree to provide truthful information when requested, and if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age.  By registering for a user account, you explicitly agree to this site’s Terms of Use, including any amendments made by the site owner that are published herein.

Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the site owner’s Privacy Policy (below).

Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or username, whether authorized or not authorized by you.  You agree to immediately notify the site owner of any unauthorized use of your user account, username or password.

Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing said content, or of the person whose user account is used.  You agree that this website may expose you to content that may be objectionable or offensive.  The site owner will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this website or any service provided, you explicitly agree that:

(1) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(2) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(3) you will not collect or harvest any information about other users;

(4) you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content without the site owner’s prior written consent;

(5) you will not provide any content that may give rise to the site owner being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

Submission of Content on this Website by Providing any Content to this Website:

(1) you agree to grant the site owner a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part.  Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(2) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site owner the license specified in this section 7;

(3) you acknowledge and agree that the site owner will have the right (but not obligation), at the site owner’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Third Party Services

Goods and services of third parties may be advertised and/or may be made available on or through this website.  Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties.  The site owner will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold harmless the site owner and the site owner’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (“SERVICE”) IS AT YOUR OWN RISK.  SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS,” AND THE SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE OWNER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED, EXPRESSLY OR IMPLICITLY, THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.  YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE OWNER NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE OWNER WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of Rights

The site owner reserves all of the site owner’s rights, including, but not limited to, any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site owner may have with respect to this website, its content, and goods and services that may be provided.  The use of the site owner’s rights and property requires the site owner’s prior written consent.  By making services available to you, the site owner is not providing you with any expressed or implied licenses or rights, and you will have no rights to make any commercial use of this website or provided services without the site owner’s prior written consent.

Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site owner’s copyright agent may be contacted via:

Email to the site owner or by way of any “Contact” or “Contact Us” page or section.

Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with the laws of the State of California, United States of America, in the County of Site Owner’s principal place of business, notwithstanding any differences between the applicable laws or legislation in force at your location.  By registering for a user account on this website, or by using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction as stated in this section, and that any disputes will be heard by the courts in the jurisdiction.

Miscellaneous Information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and said right will remain in full force and effect; (iii) You agree that any claim or cause with respect to this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site owner may assign the site owner’s rights and obligations under these Terms of Use; in this event, the site owner will be relieved of any further obligation.

PRIVACY POLICY

Introduction

The site owner takes your right to privacy seriously, and wants you to feel comfortable using this website.  This privacy policy deals with personally-identifiable information (referred to as “data” below) that may be collected by this site.  This policy does not apply to other entities that are not owned or controlled by the site owner, nor does it apply to persons that are not employees or agents of the site owner, or that are not under the site owner’s control.  Please take time to read this site’s Terms of Use.

Collection of Data

Registration for an account on this site requires a valid Email address and/or username, in addition to other information that may be required, that has not been chosen already.  If you do not want to provide certain requested information, please contact the site owner.  Please be aware that the user name you choose, the Email address you provide, and any other information you enter may render you personally identifiable, and may possibly be displayed on this website intentionally (depending on choices you make during the registration process, or depending on the way in which the site is configured) or unintentionally (subsequent to a successful act of intrusion by a third party).  As on many websites, the site owner may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information.  Information about how advertising may be served on this site (if it is indeed the site owner’s policy to display advertising) is set forth below.

Use of Data

Data may be used to customize and improve your user experience on this site.  Efforts will be made to prevent your data from being made available to third parties unless (i) otherwise provided in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided on this site requires interaction with a third party, or is provided by a third party, such as an application service provider or payment processor; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this site violates the site owner’s policy, Terms of Use, or other usage guidelines, or if it is deemed reasonably necessary by the site owner to protect the site owner’s legal rights and/or property; or (vi) this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy.  In the event you choose to use links displayed on this website to visit other websites, you are advised to read the privacy policies published on those sites.

Cookies

Like many other websites, this website sets and uses cookies to enhance your user experience, to remember your personal settings, for instance.  Advertisements may display on this website and, if so, may set and access cookies on your computer; such cookies are subject to the privacy policy of the parties providing the advertisement.  However, the parties providing the advertising do not have access to this site’s cookies.  These parties usually use non-personally-identifiable or anonymous codes to obtain information about your visits to this site.  You can visit the Network Advertising Initiative if you want to find out more information about this practice, and to learn about your options, including your options with regard to the following companies that may serve advertising on this site:

Not applicable at this time.

Minors

The site owner might not allow persons who are aged thirteen or younger to become members of this site, if membership is applicable.  For more information, please contact the site owner.

Editing or Deleting your Account Information

You are provided with the ability to edit the information stored for your user account information during registration, by visiting your user account control panel.  You can request that your user account be deleted; to do so, please contact the site owner.  Content or other data that you may have provided, and that is not stored within your user account, such as articles published, may continue to remain on the site at the site owner’s discretion, even after your user account is deleted.  Please see the site’s Terms of Use for more information.

Changes to this Privacy Policy

Changes may be made to this policy from time to time.  You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a message sent to the Email address you have provided, which is stored within your user settings.

NO GUARANTEES

While this Privacy Policy states standards for maintenance of data, and while efforts will be made to meet said standards, the site owner is not in a position to guarantee compliance with these standards.  There may be factors beyond the site owner’s control that may result in disclosure of data.  Consequently, the site owner offers no warranties or representations in regard to maintenance or non-disclosure of data.

Contact Information

If you have any questions about this policy or about this website, please feel free to contact the site owner at:

KVM Technologies LLC

(858) 868-7700

info@kegeratorvending.com