CONDITIONS AND TERMS
KAIRA ROUDA WEBSITE TERMS AND CONDITIONS
KAIRA ROUDA AND ITS AFFILIATES ("KR") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN KR AND YOU, AND YOU ACCEPT THEM BY: (a) POSTING COMMENTS ON THIS WEBSITE; OR (b) USING THE WEBSITE IN ANY OTHER MANNER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR ACCEPT SERVICES FROM KR.
This website ("Website") includes without limitation (a) the website located at the http://www.kairarouda.com/, and all pages located at the URL beginning with "http://www.kairarouda.com/" http://www.kairarouda.com/ in a different folder or file as described following the "/" that are in place now or in the future, including the pages entitled, Meet Kaira, Real Scoop, Speaking, Consulting, Entrepreneurs, Resources, Store, Contact, and all material, and other on-line services accessible via the Website (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). KR controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. KR products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and KR for violations of these Terms.
YOUR OBLIGATIONS AND CONDUCT
In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to KR, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of Your data and/or equipment used in connection with the Website.
You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to KR or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. KR reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements or otherwise may remove any Content or information posted or uploaded by You at KR's sole discretion for any reason or no reason at all.
You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be KR or someone else, or spoof KR 's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
CONFIDENTIALITY OF KR INFORMATION
You may obtain direct access via the Website to certain confidential information of KR and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with KR and its suppliers. At KR 's written request, You must cease use of Confidential Information and return or destroy it.
CONTENT SUBMITTED TO KR
KR does not routinely monitor Content, but KR and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
DELIVERY OF E-MAIL
KR will attempt to deliver all of the e-mail that is addressed to Your e-mail address on KR's Services. However, the nature of e-mail is such that KR cannot guarantee delivery of such e-mail.
You agree to indemnify and hold KR and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees. attorneys and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer or by Your employee, agent or representative), Your violation of the Terms or any warranty or representation herein, or Your violation of any rights of another.
NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS. KR may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. KR reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. KR may also delete, or bar access to or use of, all related Information and files. KR will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. KR may amend these Terms at any time by posting the amended terms on a page on this Website or a page on another website linked from this website.
ADVERTISEMENTS AND PROMOTIONS. KR may run advertisements and promotions of KR or from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than KR found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. KR is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-KR advertisers on the Website.
CONTENT PROVIDED VIA LINKS. You may find links to other Internet sites or resources on the Website. You acknowledge and agree that KR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. KR will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Any Third party content on the Website is the intellectual property of such third party. Any copying, republication or redistribution of Third party content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of such Third party. Data is provided for information purposes only, and is not intended for trading purposes. Third parties shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
INTELLECTUAL PROPERTY RIGHTS
Except as expressly authorized by KR or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software KR discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
"KR Trademarks" means all names, service marks, certification marks, other marks, brands, logos, designs, trade dress, slogans and other designations KR uses in connection with its products and services. You agree to comply with the KR Trademark and Logo Usage Requirements. You may not remove or alter any KR Trademarks, or co-brand your own products or material with KR Trademarks, without KR's prior written consent. You acknowledge KR's rights in KR Trademarks and agree that any authorized or unauthorized use of KR Trademarks by You shall inure to KR's sole benefit. You agree not to incorporate any KR Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
KR is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
All content appearing on this Web site is the property of KR. Copyright © 2009 Kaira Rouda All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009 Kaira Rouda All rights reserved.
KR or its licensor owns the copyright in all of the Content comprising this Web site, unless otherwise indicated. By accessing and using this Web site, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this Web site and retrieve content that contains KR's copyright notice, store such content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that you (1) do not modify, distribute, or transmit such content and (2) include any copyright notice originally appearing with such content. Permission may be needed for other content not marked with KR or any copyright notice. You may cite or refer to the URL of this Web site without limitation. All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by KR. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of KR or any third party, except as expressly granted herein.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. KR DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
KR MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. KR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL KR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain links on this Web site lead to resources located on servers that are not maintained by KR or under its control. KR is not responsible for the contents of any such referenced Web sites or for the availability of access to such Web sites
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Information, text, graphics, software, and other content that make up this Web site ("Content") reside on a computer operated by KR or its representative. Anyone accessing this Web site consents to monitoring of this access and use by system or security personnel. All information on this Web site regarding products and services provided by KR is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but KR is not responsible for misprints, out-of-date information, or errors. The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. KR makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. KR makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this Web site. KR makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this Web site, nor will KR accept any responsibility for other organizations, businesses, and private persons that provide information on this Web site.
Access to this Web site may be monitored. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web site constitutes consent to such monitoring.
NO ENDORSEMENT. The inclusion on this Web site of any link to another Web site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by KR. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not KR. In addition to advertisers, content may be posted on the Website by users and other third parties. The inclusion, uploading, or posting of user, advertisers, or other third-party material or links to other third party websites on this Website does not imply any endorsement by KR, and KR does not necessarily endorse such material or third party websites. KR makes no warranty of any kind with respect to the subject matter of the materials advertised, materials, content, files, or statements made, posted, uploaded or otherwise included in the website by third parties. A possibility exists that the materials, content, or files on the Website could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although KR tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct. KR may remove or edit any user, advertiser or third party material at anytime for any reason.
VOID WHERE PROHIBITED. Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. KR and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, KR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF KR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
The Terms constitute the entire agreement between You and KR relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized KR representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use KR or third-party products or services.
You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to KR for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, KR will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if KR seeks such an injunction.
Ohio law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. You and KR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin County, Ohio, U.S.A., and any and all lawsuits will take place in such courts, and you consent to such jurisdiction.
Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning KR's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and KR 's ability to compete in a highly competitive and rapidly changing marketplace.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.