You accept this Agreement by:
If you do not agree to the terms of this Agreement, do not use our Services. If you are unsure of your rights under this Agreement, please contact us at email@example.com.
You may not use our Services if (a) you are not of legal age to form a binding contract with Konnected, or (b) you are a person who has been banned from using our Services or is barred from receiving our Services under the laws of the United States or the country in which you are a resident or from which you are otherwise using our Services.
We reserve the right to change this Agreement from time to time at our sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use. Please review this Agreement regularly as you use our Services, as it may be amended without sending individual notices to users. Any changes to this Agreement will be effective immediately upon posting of the revised Agreement on https://www.konnected.co/. If you do not agree with this Agreement or revised terms of the Agreement, please cease use of our Services immediately.
In order for You to explore, engage, and connect via the Mobile Applications, you must either (1) create a new account or (2) log in with an existing Facebook or Google account. If you use our Mobile Applications, you are responsible for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account.
All materials available through our Services, including, without limitation, names, logos, trademarks, service marks, trade names, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Websites and the Mobile Applications (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. The Content is protected by law, including, but not limited to, United States Trademark and Copyright Laws, international treaties and conventions, and other intellectual property laws. Furthermore, the Mobile Applications are copyrighted as a collective work under the United States and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright law.
All rights not expressly granted to you in this Agreement are reserved to Konnected and its business partners and affiliates, if any, or the party that may otherwise be credited on the Mobile Applications as the provider of such materials or Content.
You acknowledge that you do not acquire any ownership rights by using, downloading, or printing copyrighted material as permitted by this Agreement. You may not add, delete, distort, use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content in any way, in whole or in part, including in advertising or publicity pertaining to distribution of materials on the Mobile Applications, without the express, prior written consent of Konnected. Any unauthorized attempt to do any of the foregoing without such consent is strictly prohibited.
In addition to Konnected’s services, materials available through the Mobile Applications may be materials provided by third parties who license such materials to us. Such third parties’ companies and product or service names are trademarks or service marks of theirs. All other marks belong to Konnected.
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using our Services in violation of any applicable federal, state, or local laws.
Konnected respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that certain parts of the content available through our Services constitute an infringement of your copyright, you should notify us promptly and in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) when the following is sent to us at the address set forth below:
Such DMCA claim(s) should be sent to us via e-mail at firstname.lastname@example.org .
THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY KONNECTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KONNECTED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED VIA OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KONNECTED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KONNECTED DOES NOT WARRANT THAT ITS SERVICES ARE FREE OF HARMFUL COMPONENTS OR ERRORS.
KONNECTED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, MOBILE APPLICATION, AND RELATED SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA OUR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED THROUGH OUR SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KONNECTED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. IF ANY OF THE ABOVE LIMITATIONS DO NOT APPLY TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, KONNECTED’S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE WILL BE CAPPED AT $500.
This Agreement constitutes 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. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by a mutually agreed upon arbitrator. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that full effect should be given to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. If any part of this Agreement is found to be invalid, illegal, or unenforceable, that part shall be discounted and the rest of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement cannot be altered or modified in any way without the prior written consent of Konnected.
If You are acting as an agent for a principal (including on behalf of your employer), You and the principal, jointly and severally, assume all of your obligations set forth in this Agreement.
Where Konnected has provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your relationship with Konnected. In case of contradiction between the terms contained in the English language version and any translated version of this Agreement, the English language version will apply, including for interpretation purposes.
Last Updated: January 10, 2018