Terms & Conditions

Notice of Arbitration Agreement: These Terms & Conditions contain an Arbitration Agreement that may impact Your rights to use the courts to resolve disputes. Please carefully review the terms of the Arbitration Agreement below. If You do not wish to be bound by the Arbitration Agreement, do not use the Service as defined herein.

Notice of Class Action/Class Arbitration Waiver: These Terms & Conditions include a waiver of Your right to proceed with class actions or class arbitrations. Please carefully review for details. If You do not wish to waive rights to class-based relief, do not use the Service.

Legal Notice & State Licensing

Welcome to KeriDigital (referred to herein as the “Website” or “KD”). The website is owned and operated by KeriDigital LLC.

The following Terms and Conditions of Use govern your access to and use of the Website including any page content, functionality, and services offered on or through the Website. Please read the Terms and Conditions of Use carefully before you start to use the Website. The terms “you” and “your” when used in these Terms and Conditions of Use means any visitor or user of the Website.

Conditions of Use

THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.

THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.

Arbitration

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, or Your access to or use of the Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. You further agree that (1) the arbitration will be held in Fresno, California; (2) the arbitrator shall apply the laws of the State of California, without regard to its conflict of law principles to the contrary; (3) You waive any right to proceed in arbitration on a class or representative basis; (4) arbitration can resolve only claims between You, KD, and its clients, vendors, and marketing partners; (5) this arbitration agreement includes claims related to our Clients, Vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement; (6) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) all parts of this clause are severable, meaning that if any part is deemed unenforceable, the remainder of the clause will remain in effect and construed in accordance with its terms.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. KD DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.

SHOULD YOU PURCHASE A PRODUCT MARKETED BY KD, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE. YOUR USE OF THE WEBSITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER.

Limitations on Authority

WHILE KD USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KD, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

YOU (AND NOT KD OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.

Third Party Content

KD may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of KD.

Privacy

Information that you provide to us or that we collect about you when visiting the Website will be treated in accordance with our Privacy Policy..

Access to Password Protected or Secure Areas

Access to and use of password protected or secure areas of this Site are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.

Ownership of Information

If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of KD. None of the Submissions shall be subject to any obligation of confidentiality on the part of KD, and KD shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, KD shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Copyrights and Trademarks

All Material included on the Website, except third party content as referenced above, is the property of KD and is protected by United States and international copyright laws. No portion of the Material on the Website may be reprinted or republished in any form without the express written permission of KD or, with respect to third party content, its respective owner. You may download Material from this Website for your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

Certain of the names, logos, and other materials displayed on this Website constitute trademarks, tradenames, service marks or logos (“Marks”) of KD or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with KD and are protected by United States and international trademark laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Website. Your use of the Marks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. All Marks not owned by KD that appear on the Website are the property of their respective owners.

Existing Insurance Coverage

If you intend to purchase insurance, do not cancel any existing insurance until you receive written confirmation from the insurance company to which you are applying that your new policy is in effect.

Your Account

If you have an account on the Website, you are entirely responsible for maintaining the confidentiality of your account password and for all use of your account username, password, and profile. You agree to accept responsibility for all activities that occur under your account or using your password. Further, by accessing and using the Website and any Software (as defined below), you warrant that you are considered an adult under applicable state law and possess the legal authority to access and use the Website and any Software. KD reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.

External Links

The Website may contain links to other websites not owned, maintained or hosted by KD (“External Sites”). Any links to External Sites are provided by KD as a courtesy. IF YOU USE ANY LINKS PROVIDED IN THE WEBSITE TO ACCESS EXTERNAL SITES, YOU WILL LEAVE THE WEBSITE. THE EXTERNAL SITES ARE NOT UNDER THE CONTROL OF KD AND KD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THESE EXTERNAL SITES NOR DOES IT ENDORSE OR IS IT RESPONSIBLE FOR ANY OF THE CONTENTS, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON SUCH EXTERNAL SITES. UNDER NO CIRCUMSTANCES SHALL KD BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY SUCH EXTERNAL SITE. Any concerns regarding any link to an external site should be directed to that respective website, rather than to KD. By including a link to an external site in the Website, KD does not expressly state or imply that it has authorization from the owner of such site to link to it. Should you visit an external site from a link found on the Website, you do so at your own discretion and at your own risk.

Locality

KD manages and controls the Website from its offices located in California (United States of America). KD makes no representation that the Information or other materials in the Website are appropriate or available for use in other locations. If you choose to access the Website outside of the state of California through your own initiative, to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on the Website, you are responsible for compliance with such local laws.

General

KD shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Website or any portion of the Website. KD may also change any of the terms and/or conditions set forth in these Terms and Conditions of Use and any subsequent use of the Website by you constitutes your agreement to such changed terms and/or conditions. If you object to any such changes, your sole and exclusive remedy shall be to discontinue your use of the Website. Any rights not expressly granted herein are reserved to KD.

Miscellaneous

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of California. Venue for all disputes will be the Federal and State courts located in Fresno, California. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof; and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Software License

Any software that is made available for use through the Website or to download from the Website (“Software”) is owned or licensed by KD and/or its suppliers and is subject to U.S. and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to using and/or downloading the Software (the “License Agreement”). The Software is made available for use and/or downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of any Software not in accordance with the applicable License Agreement is expressly prohibited by law; and may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, KD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Export Controls

Any Software that is made available for use through the Website, or to download from the Website, is further subject to United States of America export controls. No such Software may be used, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country or region to which the U.S. has embargoed goods and/or services; or (ii) by or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or region or on any such list.

Indemnification

You agree to indemnify, defend and hold harmless KD, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing your account using your password) submit through the Website, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account’s) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that KD may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Termination

You agree that KD, in its sole discretion, may terminate your access to the Website, Material or Software without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT KD SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, MATERIAL OR SOFTWARE. The provisions of these Terms and Conditions of Use titled “Disclaimer of Warranties”, “Limitations on Authority”, “Third Party Content”, “Ownership of Information”, “Copyrights and Trademarks”, “Your Account”, “External Links”, “General”, “Miscellaneous”, “Exclusions and Limitations”, “Termination”, and “Violations of Terms and Conditions of Use” shall survive any termination of your access to the Website, Material or Software.

Violations of Terms and Conditions of Use

KD reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.