Legal Statement for Kutenda, LLC
Access and Limited Rights
Kutenda, LLC reserves the right to make modifications, improvements, or changes to any of the information contained on Sites without notice to you. Linkage of the Sites to another requires prior written approval from Kutenda. The Sites may contain links to other Internet sites, resources, affiliates, partners, resellers, licensors, or sponsors of the Site. Kutenda does not verify, warrant, endorse, or take responsibility for completeness, accuracy, or access to the information contained in these sites. You acknowledge that information, documents, and images may contain inaccuracies or other errors. Any suggested corrections may be submitted to email@example.com.
Kutenda Product License Agreement
The following are the terms and conditions of authorized Use of the Product. By clicking the ‘I accept’ button during the registration process, by logging in to your account, or by accessing the web site, Products or Services via any application program interface (API), you or the individual who electronically execute this agreement on your behalf accept and agree to the following terms and conditions, excluding any additional services, software and products provided under separate agreement. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. Where additional services, software and products require additional terms and conditions, those will be made available to you within that offering and those terms shall apply in case of conflict with this Agreement.
Kutenda grants to you a personal, non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to the Product. The Product is provided “As Is” without warranty of any kind whether expressly or implied.
You shall not attempt to replicate, copy, decompile, decode, disassemble, transmit, or otherwise reverse engineer Product in whole or in any part. You shall not alter, modify, or make derivative works of Product. You shall not attempt to create any plug-ins or integrations with Products without expressed written consent. You shall not download any source code, reports or content from the Product to retain in hardcopy or on any server, hard drive or via any other means or use information provided by the Product other than for personal use.
Kutenda owns all applicable rights to Products including but not limited to patents, copyrights, trademarks, trade secrets and intellectual proprietary of Kutenda; and You shall safeguard Product and Kutenda web site accordingly with any and all internal personnel including contractors and temporary labor as well with end-user clients.
- Product Description – Kutenda Product, provided as Software-as-a-Service (SaaS), licensed hereunder is defined as the Product and is inclusive of the Product, services, training information, updates and corrections, and associated documentation, source code, programming, databases and user interfaces (“UI”) provided by Kutenda to You for the duration of commercial use per the Terms contained herein. All information contained and presented within the Product or web site including but not limited to email campaign, keyword and website reports are the sole intellectual property of Kutenda.
- Installation/Delivery – Access to Product is provided through the creation of an account requiring the registration of name, company, contact and other profile information. You shall be provided username and password and respective Internet URL to access Product by way of email. Product URL is subject to change, whereby any updates will be provided in a timely manner. The Product, in whole or in-part, shall not be moved from Company without written authorization from Kutenda.
- Acknowledgements/Restrictions of Use – In using the Product or services, you may not: (i) engage in, facilitate, or further enable unlawful conduct; (ii) use the software or service in a way that harms Kutenda or our affiliates, resellers, distributors, and/or vendors or any customer of a Kutenda party; and (iii) use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Product. Further, you acknowledge and agree to the following:
- Access to the Product is subject to monthly subscription fees. Advanced access to the Product or other services not included in Product may also be subject to additional monthly subscription fees.
- In order to access Kutenda Product, you may be required to provide information about yourself as part of the registration process or for the addition of additional Product features or services. Any registration information you provide to Kutenda, to be maintained within your user profile, will always be accurate, correct and up to date.
- You shall comply with the restrictions on content of email messages, web pages, search advertising and associated activities using the Products as set forth in this Agreement.
- You shall accurately and in a non-deceptive manner identify your organization, your product or your service and not provide any deceptive or misleading content regarding the overall subject matter, in use of the Product.
- Formatting requirements and policies are subject to change at any time.
- Any Content, defined herein as any information including but not limited to text, images, videos, and music, loaded into Kutenda Product is free of any copyright, patent, or trademark restricted information and does not violate any license restrictions with that Content, or that you have legal permission to use licensed Content, or that the Content provided is under copyrights, trademarks or patents by you.
- By submitting, posting or displaying Content, you give Kutenda a perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Kutenda Product and website.
- Kutenda acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) for any Content that you submit, post, or display within the Product, including but not limited to any copyrighted materials or intellectual property rights unless agreed to otherwise in writing with Kutenda. You agree that you are solely responsible for protecting and enforcing those rights and that Kutenda has no obligation to do so on your behalf.
- Kutenda may provide Templates, defined as any content including but not limited to website designs, email designs, images, and text, for your use during the Term of this Agreement and under the conditions of this agreement. You agree that any Templates used are non-transferrable and Kutenda grants no license for the continued use of these Templates after the termination of this agreement, unless agreed to otherwise in writing with Kutenda.
- Kutenda may append coding, images or other information to email, web pages, and search advertisements in order to support improvements to the Product including but not limited to tracking, reporting, analytics and diagnostics.
- Kutenda may not provide, nor is responsible to create, functionality to aid in the export, download or portability of any Content loaded into the Product. You agree that you are solely responsible for maintaining Content in your own systems under your own expense, and that Kutenda has no obligation to do so on your behalf.
Website, Email and Advertising Content:
- You agree that any actions taken in association with spam or morally objectionable activities, as designated by Kutenda in its sole discretion, constitute grounds for immediate termination of access to Kutenda Products and services.
- Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
Email and Anti-Spam Policy:
- The Product may not be used for the sending of unsolicited email (sometimes called “spam”). Kutenda’s Anti-Spam Policy, is incorporated into this License Agreement by reference.
- You agree to use only lists for which all listed parties have consented to receive correspondence from you (“Permission Based Lists”) in connection with your use of the Products. You also agree that you shall not use any other lists in connection with your use of the Products.
- You acknowledge and agree that not all email messages sent through use of the Products will be received by their intended recipients.
- Every email message sent by you in connection with the Products must contain the Kutenda “unsubscribe” link that allows the recipient to remove themselves from your mailing list.
- You agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products.
- You agree that any search advertising created within Product meet the requirements of Editorial Policies of the search advertising network providers including but not limited to Google, Yahoo and MSN. You also acknowledge and agree to fundamental search advertising principles of (i) clearly and accurately representing your company, message and site and (ii) not engaging in deceptive marketing practices.
- You acknowledge and agree that Kutenda reserves the right to disapprove and deny any advertisement at any time, without prior notice.
You are responsible for all charges incurred with its account, including all applicable sales tax, use tax, delivery charges, internet access and associated hardware to access Product. All charges are non-refundable and must be paid in advance. You are solely responsible for providing accurate payment information (i.e. credit card number, expiration date and ACC) and keeping billing account current. You must be authorized to use provide payment method. Except to the extent prohibited by law, Kutenda may assess a late charge if payment information becomes invalid up to maximum rate that is permitted by law and may use third party collection agent to collect past due amounts. You are responsible for paying late charges, all reasonable costs incurred to collect any past due amounts including reasonable attorneys’ fees before access is reinstated. Kutenda may suspend or cancel your service for failure to pay in full on-time.
You authorize Kutenda to charge for the service as a month-to-month subscription, automatically renewing, until valid termination of the account and agreement, with charges applying on the first day of each month, while the agreement is in force. Charges apply to any access to Product, including any additional paid feature you choose to include during the term of this agreement. During first month of activation, you charge may be pro-rated to reflect the appropriate days of access for that first month.
5. Support Services/Training
Kutenda makes no commitment to provide corrections, updates, maintenance, enhancements or other improvements to Product or web site. You acknowledge that any training, assistance, support materials, services and associated documentation provided shall be at the sole discretion of Kutenda.
Limitation of Liability
To the maximum extent permissible under the law, neither Kutenda or its affiliates, resellers, distributors, licensors and vendors shall be liable to You in contract, tort or otherwise or for any damages, including without limitation, direct, indirect, special, lost profit, punitive, incidental or consequential damages, arising out of or in connection with this Site or the use of a Kutenda Product, even if advised of the possibility of such damages. You assume the sole responsibility for use of the Products.
Disclaimers of Warranties
Kutenda Products and the Kutenda web site are provided “AS IS” and “AS AVAILABLE” and use of and access to Kutenda Products and the Site is at Company’s sole risk. KUTENDA DISCLAIMS, NEGATES AND NULLIFIES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. Kutenda does not guarantee that access to Kutenda Products or website will meet your requirements or access will be uninterrupted, available, accessible or error free or that the Kutenda Products or web site will be free of infection by “viruses”, “worms”, “Trojan horses” or other contaminating or destructive properties.
You agree to indemnify and hold Kutenda, its affiliates, resellers, distributors, licensors and vendors and its contractors, agents, employees, officers, directors, and investors, harmless from and against any loss, liability, claims, damages and expenses, including legal and professional fees, related to use of the Kutenda Product or web site, even if access to the Kutenda Product or web site was shared with another other person for their use or breach of the terms of this license agreement.
This agreement shall be deemed entered into the State of Colorado. The laws of the State of Colorado (for users located in the United States), or the laws of the Province of Alberta (for users located in Canada) or the laws of England and Wales (for users located outside the United States and Canada) shall govern the interpretation, adjudication and disputes arising from or related to this Agreement.
Independent Contractor Relationship
You agree that relationship with Kutenda is one of an independent contractor and neither entity is an employee, servant, agent or joint venturer of the other.
Term and Termination
Access to Product is granted under agreement with License Agreement and valid payment as scheduled on a month-to-month, recurring subscription basis.
You may terminate this agreement at any time by contacting Kutenda Support by email or phone. You shall provided 60 days advanced notice of Termination and billing related to Product or services to be cancelled. There are no refunds for any fees paid including but not limited to subscription fees and search advertising budgets. Upon termination, You must remove and destroy Your access to the Product in its entirety. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT; KUTENDA IS NOT RESPONSIBLE FOR ANY FAILURE BY YOU TO DO SO; ANY CHARGES RESULTING FROM FAILURE TO PROPERLY TERMINATE THIS AGREEMENT ARE NOT REFUNDABLE.
Kutenda reserves the right to cancel access to the service at any time, without notice, for any reason. Kutenda has no obligation to monitor use of Products or web site, but reserves the right to review Your use of the Product and web site and to cancel access in its sole discretion if you are using the Product or web site, as determined by Kutenda in its sole discretion, in association with spam or morally objectionable activities. Any breach of this agreement constitutes grounds for immediate Termination of the Agreement and access to the Product.
You agree that all notices (except for notices concerning breach of this Agreement) from Kutenda may be posted within the Kutenda Product or on Kutenda’s web site. Notices concerning breach may be sent to the email or postal address provided in Product registration. Any notices from You to Kutenda shall be made by email or sent to the address provided on the Kutenda web site.
Non-Assignment and Transfer
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. You may not grant affiliates, subsidiaries, customers or successors-in-interest any right to use Kutenda Products or web site hereunder without Kutenda’s express prior written consent, which may be withheld in Kutenda’s sole discretion, and result in an increase in charges. Any such attempted assignment, delegation or other transfer will be null and void.
Term and Termination
Access to Product is granted under agreement with License Agreement and valid payment as scheduled on a month-to-month, recurring subscription basis. During the Beta Evaluation Period, Company shall provide 7 days notice in advance of conclusion of Beta Evaluation Period to cancel service and avoid billing to start on commercial release date.
Company may terminate this agreement at any time by contacting Kutenda Support by email or phone. Company shall provided 60 days advanced notice of Termination and billing to be cancelled. There are no refunds for any fees paid including but not limited to subscription fees and search advertising budgets. Upon termination, Company must remove and destroy Company access to the Product in its entirety. COMPANY IS RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT; KUTENDA IS NOT RESPONSIBLE FOR ANY FAILURE BY COMPANY TO DO SO; ANY CHARGES RESULTING FROM FAILURE TO PROPERLY TERMINATE THIS AGREEMENT ARE NOT REFUNDABLE.
Kutenda reserves the right to cancel access to the service at any time, without notice, for any reason. Kutenda has no obligation to monitor use of Products, but reserves the right to review Your use of the Services and to cancel the Services in its sole discretion if you are using the Product, as determined by Kutenda in its sole discretion, in association with spam or morally objectionable activities. Any breach of this agreement constitutes grounds for immediate Termination of the Agreement and access to the Product.
Company agrees that all notices (except for notices concerning breach of this Agreement) from Kutenda may be posted within the Kutenda Product or on our Web site. Notices concerning breach may be sent to the email or postal address provided in Product registration. Any notices from Company to Kutenda shall be made by email or sent to the address provided on the Kutenda website.
Non-Assignment and Transfer
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Company may not grant affiliates, subsidiaries, customers or successors-in-interest any right to use Kutenda Products or website hereunder without Kutenda’s express prior written consent, which may be withheld in Kutenda’s sole discretion, and result in an increase in charges. Any such attempted assignment, delegation or other transfer will be null and void.
Kutenda, LLC (“We”, “Us”, “Our”), its affiliates, partners, resellers, and licensors, respect and protect the privacy of our customers, users and visitors to our Sites. The following discloses information about Kutenda’s collection and usage practices for Kutenda’s website www.kutenda.com and related Kutenda Products and Services Sites within the kutenda.com domain. Kutenda’s Sites may contain links to other Web sites, but Kutenda is not responsible for the privacy practices of other Web sites or companies. Information collected on Our Sites is the sole property of Kutenda. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
Data Collection and Use
Kutenda operates globally with its primary data center located in Fremont, California, U.S.A. We will transfer certain information provided by affiliates, partners, resellers, licensors, registrants, and customers to the appropriate office, agent or consultant in order to deliver products and services requested by our clients. Kutenda may collect, process, use and transfer personally identifiable information directly from its users when the user voluntarily enters information which may include your e-mail address, internet domain, IP address, full name, title, company affiliation, and other contact information during the registration process. Additionally, use of Kutenda websites may also result in data being collected, processed and transferred as part of the standard electronic greeting between your computer, the network, and our servers and typically consists of network routing information, equipment (browser) information, web or application logs, and query for “cookies” previously set by Kutenda to facilitate log-in or improvements to the usability of the Product. Cookies collected may include the following information: a unique identifier, user preferences, website activity and profile information and cannot be used to run programs or intentionally deliver viruses to your computer. Your web browser may be set to alert you when a cookie is being used, to accept or reject the cookie, or to disable the cookie feature entirely. You acknowledge that taking any of these steps to modify the use of placement and query for cookies may limit functionality of the Product.
Kutenda currently uses the information collected for the purposes of providing you with information or access to Products requested, providing a personalized Product or service experience, and to allow you to voluntarily participate in future communications from Kutenda including but not limited to Product of service updates, information and alerts, company information, or event notifications. Kutenda may also disclose personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to comply with legal process served on Kutenda or protect and defend Kutenda’s property rights in and to its products, or the security or safety of its users and website.
Kutenda, including its employees, takes security measures to protect the confidentiality and security of your personal information by deploying best practices in security safeguards including but not limited to firewalls, data encryption, and backup and recovery, to protect your information from unlawful processing, accidental loss, destruction or unauthorized alteration. Any sensitive account information such as credit card numbers is protected in its transmission through the standard use of the Secure Socket Layer (SSL) protocol to a third-party merchant services entity; credit card information is not stored in our servers. Your personally identifiable information may be stored in our application or web servers and in our customer management system and retained for a reasonable period of time or as long as the law requires.
Choice / Preference / Opt-Out
This registration additionally allows visitors, users, customers of Sites to opt-in to Kutenda’s mailing list. Registered users may opt-out of receiving future mailings at any time by altering or updating their profile (accessible within the Kutenda Product(s)). Exceptions to this opt-out ability may include updates, patches, enhancements, downloads, contract or license agreement information, and customer service information related to currently licensed products, security related information, training event notifications, and transactional information, but notice will always be provided in such communications. You may email us directly at firstname.lastname@example.org. If you believe that you have received an unsolicited commercial email from Kutenda on behalf of any of our affiliates, partners, resellers, licensors, registrants, or customers, you may report it to us at email@example.com.
Spam is defined as any unsolicited or undesired bulk email messages. Emails sent in compliance with standard permission-based email guidelines including opt-out guidelines are not considered Spam.
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
2. Use of Kutenda Email Capabilities within Product
You may email us directly at firstname.lastname@example.org if you become aware of any unsolicited commercial email (“Spam”) being sent by you, your Company, or any other entity.
Copyright / Trademark
Copyright (c) 2009 Kutenda, LLC. All Rights Reserved.
The Kutenda Sites and all information contained therein is the sole property of Kutenda. Kutenda, its affiliates, partners, resellers, and licensors are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The Kutenda logo, Product names, Service Names and other information contained within Sites are registered trademarks of Kutenda, LLC, or its affiliates, partners, resellers, and licensors. The absence of a Product name, logo or information from these Sites does not constitute a waiver of Kutenda’s copyright, trademark or other intellectual property rights concerning that name, logo or information. Except as permitted under a separate written agreement with Kutenda, LLC., Sites, including but not limited to, websites, password protected products, newsletters, marketing materials or content may not be reproduced, republished, repurposed, or distributed without the prior written permission of Kutenda, LLC.
Kutenda headquarters are located at 1675 Larimer St, Ste 420 Denver, CO 80202. Kutenda maintains Product and Sites primarily through servers located in Fremont, California, U.S.A.