Keys to Dynamic Success
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Keys to Dynamic Success |
Terms of Service |
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P.O. Box 48-0783 Niles, IL 60714-0783 email: keverett@kdsgrp.com |
You have requested the service (the "Service") described below from The KDS Group (the "Provider") through www.kdsgrp.com (the "Site"), a web site maintained by the the Provider. The Service will be provided to you subject to the following terms and conditions: ACCEPTANCE By confirming below that these terms have been reviewed and accepted by you, you will be bound by these terms and they will form the agreement between you and the Provider upon which the Service will be provided. The Provider will not be required to perform the Service requested by you until it accepts your request in writing or electronically. If you issue a purchase order or other writing in connection with the Service, any provision of such purchase order or other writing inconsistent with these terms will not be binding upon the Provider and, to the extent any such inconsistency exists, these terms will control. SERVICE The Service allows you to interact with our researchers ("Representatives") and allows our Representatives to assist in resolving your research issues. The Service may also employ software to collect system information from your computer. If you deny the Provider's request to obtain such information, the Provider will not be able to process your request. You can ask any question that can be answered with words or numbers. . Most askers are looking for a specific piece of information like, "How much wheat was imported by China last year?" or "Why did Ford’s Edsel fail?". Our Representatives are not necessarily experts in the field related to your question, but they are experts in locating hard to find information on the web. Information provided by the Service is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice or service, nor will we knowingly provide answers to assist in illegal activities, or requests for private information about individuals, or are meant to sell or advertise products, refer or relate to adult content, or seek specific information about the Provider or it's Service. We reserve the right to delete questions on a case-by-case basis if they do not comply with our editorial policy and guidelines. If you submit a question or comment on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different jurisdictions and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your location. The Provider will provide background information and links to sources for questions of a professional nature, but the Service does not provide professional advice and counsel. If you have a question of this nature, we strongly recommend you consult a professional. You have a choice of conducting the dialogue via the Services Toll-Free telephone, Toll-Free Fax, E-mail, or Parcel Post. You can switch between these modes at any time depending upon your preferences or the advice of a Representative. A question can consist of multiple sessions and/or messages. For your convenience, the Provider maintains a transcript of all messages and within a question. This transcript is available to you. If you close the question the transcript will be placed to the Closed Calls section for your future referral You should not close the question if, for some reason, you are going to discuss it with the Representative. When you are sure that the problem is solved or for some reason you want to stop discussing the issue, you should close the question. REGISTRATION You must register for the Service. As part of the registration process, you must (a) provide certain information in completing the Provider's Registration Form, (b) warrant such information to be current, complete and accurate and (c) update such information to keep it complete and accurate at all times. You must be of a legal age that gives you the right to form enforceable contracts (currently eighteen years of age or older in many states of the United States) to register for the Service. the Provider reserves the right to refuse the Service to you for any reason. USERNAME/PASSWORD For access you will be required to use your E-mail address ("User Name") and password to use the Service. You are responsible for maintaining the confidentiality of your password and must immediately notify the Provider in writing or electronically of any unauthorized use of your password. LIMITED LICENSE Upon registering for the Service, the Provider grants you a limited license to access the Site. You must apply for a separate account for each User Name you want to be supported by the Provider. Your right to use the Service is personal to you and you may not resell or otherwise transfer the use of the Service, or other materials or information obtained by you through the Service without the express written consent of the Provider. FEES/PAYMENTS The Service is currently available on subscription basis, and alternatively on a pay-per-incident basis.
YOUR RESPONSIBILITIES You must (a) comply with all applicable laws in connection with your use of the Service, (b) not use the Service for any illegal purpose, (c) not interfere or otherwise disrupt networks connected to the Service, (d) not use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) not transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any nature, (f) not attempt to gain unauthorized access to other computer systems and (g) not interfere with another user's use and enjoyment of the Service. You are solely responsible for backing up all data stored on your computer and for protecting such data from loss or theft. INTENDED AUDIENCE The Provider offers the Site and the Service from its headquarters in the United States for customers located in the United States and makes no representation that the Service or the Site are appropriate or will be available for use in other jurisdictions. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals and entities located in the United States. Your use of the Service is subject to all applicable laws. PRIVACY While the Provider will attempt to protect information about you, such as your name and credit card information from inadvertent disclosure, it does not assume any responsibility if such information is disclosed through the Service or the Site due to circumstances beyond the Provider's control. You should read the Provider's Privacy Policy for more information regarding privacy. PROMOTION You may not advertise your use of the Service, in any form, without first obtaining the Provider's consent in writing or electronically. In addition, you may not use the name or any trademark or service mark of the Provider for any purpose without first obtaining the Provider's consent in writing or electronically. DISCLAIMER THE SERVICES ARE RENDERED BY the Provider WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, the Provider DOES NOT WARRANT OR REPRESENT THAT (A) THE SERVICE OR THE SITE WILL BE ERROR FREE, (B) DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED OR (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. LIMITATION ON LIABILITY The Provider WILL NOT, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY YOU IN CONNECTION WITH THE SERVICES, THE SITE OR ANY OTHER MATTER (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY the Provider, OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF $50 OR THE FEES PAID BY YOU FOR THE SERVICE DURING THE YEAR IN WHICH YOU INCURRED SUCH DAMAGES. INDEMNIFICATION You shall indemnify and hold harmless the Provider from and against all costs, damages, expenses, liabilities and losses incurred by the Provider (including, but not limited to, fees and disbursements of counsel to the Provider) (a) in connection with (i) your failure to perform any obligation pursuant to these terms and conditions and (ii) your negligence or (b) otherwise in connection with your use of the Service or the Site, except to the extent such costs, damages, expenses and losses are incurred by the Provider solely due to the gross negligence of the Provider. TAXES No fees charged by the Provider for the Service include any taxes or other government-imposed fees, unless expressly stated to include such taxes or other government-imposed fees. You are responsible for the payment of all such taxes and other government- imposed fees. TERMINATION AND MODIFICATION The Provider may at any time suspend, terminate or modify the Service, or your access to the Site, without notice to you and without any liability to you for such suspension, termination or modification. You may terminate the Service at any time by giving written or electronic notice to the Provider; provided, however, that you will not be entitled to a refund of any fees prepaid by you for the Service. NOTICES You may send notices to the Provider. Any such notice will be effective upon actual receipt by the Provider. The Provider may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site. INDEPENDENT CONTRACTORS You and the Provider are independent contractors and not agents of the other for any purpose. Neither you nor the Provider may act for the other or incur any indebtedness, liability or obligation on behalf of the other. FORCE MAJEURE The Provider will not be liable to you for any failure or delay in the performance of an obligation pursuant to these terms and conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control (including, but not limited to, earthquake, fire, flood or other casualty, an act of God, a strike, lockout or other labor dispute, war, embargo, blockade, legal restriction, riot, insurrection or governmental action). ARBITRATION Any claim, controversy or dispute arising out of or relating to these terms and conditions shall be settled by arbitration conducted in Chicago in accordance with the commercial rules of the The Chicago International Dispute Resolution Association then in effect. Any award rendered by the arbitrators will be final for all purposes. A judgment upon such award may be entered into, and enforced by, any court having jurisdiction over such claim, controversy or dispute. The arbitrators will possess the powers to issue injunctions, restraining orders and other equitable relief in connection with such arbitration. All costs and expenses of such arbitration must be paid by the losing party unless otherwise allocated by the arbitrators. Nothing in this Section shall affect the right of the Provider or you to request from a court of competent jurisdiction an injunction, restraining order or other equitable relief. NO THIRD-PARTY BENEFICIARIES No individual or entity is a third-party beneficiary to this Agreement. Each provision of this Agreement may be enforced only by the Provider or you or, to the extent permitted by this Agreement, any successor or assignee of the Provider or you. MISCELLANEOUS These terms and conditions (a) may be amended by the Provider at any time by you and the Provider in a writing executed by you and the Provider, (b) inure to the benefit of and are binding upon you and the Provider and each of your and the Provider's successors and assignees, except that you may not assign any of your obligations under these terms and conditions without first obtaining the written consent of the Provider, (c) are governed by, and will be interpreted and enforced in accordance with, the internal law of the State of Illinois, without regard to principles of conflict of laws, and (d) constitute the entire agreement between you and the Provider with respect to the subject matter of this Agreement, and supersede all prior oral and written proposals, representations, understandings and agreements.
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