TERMS OF USE AGREEMENT
Welcome to Kwontified.com. This website is maintained as a service to our users (“Users” or “you”), including but not limited to: individuals, business entities, non-profit organizations, and other organizations. Through the website, Users can learn about Kwontified's service offerings and contact customer service representatives.
(1) AGREEMENT
This Agreement (the "Agreement") specifies the Terms and Conditions of Use for access to and use of the Kwontified.com website and domain name, and any other linked pages, features, content or application services offered by Kwontified LLC (“Kwontified”) in connection therewith (collectively, the “Website”).This Agreement may be modified at any time by Kwontified upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms and conditions at any time at: http://kwontified.com/terms-of-service
By using the Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
(2) PRIVACY
Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at: http://kwontified.com/privacy-policy
(3) OWNERSHIP
All content included on the Website is and shall continue to be the property of Kwontified or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.
(4) INTENDED AUDIENCE
The Website is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful.
Kwontified may, in its sole discretion, refuse to offer service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access service is revoked in such jurisdictions.
(5) COPYRIGHT AND TRADEMARK NOTICES
The Terms of Use and all Content provided by Kwontified are copyright ©2016. All rights reserved.
“Kwontified” is either a trademark or registered trademark of Kwontified LLC. The names of any actual companies and products mentioned on any part of the Website may be trademarks of their respective owners.
(6) WEBSITE USE
Kwontified grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal or commercial use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of the Website is at the discretion of Kwontified and Kwontified may terminate your use of the Website at any time.
(7) COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
(8) REGISTRATION
As a condition of using certain aspects of our services, you will be required to register with Kwontified and select a password and username. You shall provide Kwontified with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Kwontified user account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar, or obscene.
Kwontified reserves the right to refuse registration of, or cancel a user account in its sole discretion. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express consent. You will immediately notify Kwontified in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
(9) FEES AND PAYMENTS
Kwontified reserves the right to require payment of fees for certain features of its service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Website in connection with such features. Kwontified reserves the right to change its price list and to institute new charges at any time, upon 15 days prior notice to you. Such notice may be provided to you via post on the Website or via email. Use of our services following such notification constitutes your acceptance of any new charges.
(10) INDEMNIFICATION
You agree to indemnify, defend and hold Kwontified and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.
(11) DISCLAIMER
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. KWONTIFIED DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
(12) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL KWONTIFIED BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE WEBSITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
(13) USE OF INFORMATION
Kwontified reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.
(14) COPYRIGHTS AND COPY AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Website;
D. Your address, telephone number, and e-mail address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Jordan Taylor, who can be reached as follows:
Kwontified LLC
1201 Third Avenue, Suite 2200
Seattle, WA 98101
legal@kwontified.com
(15) APPLICABLE LAW
You agree that the laws of the state of Washington, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and Kwontified or its affiliates.
(16) SEVERABILITY
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
(17) TERMINATION
Kwontified may terminate this Agreement at any time, with or without notice, for any reason.
(18) CONTACT INFORMATION
HOW TO CONTACT US:
Kwontified LLC
1201 Third Avenue, Suite 2200
Seattle, WA 98101
legal@kwontified.com