Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. KDS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are KDS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, USERNAME, PASSWORD, CODE AND/OR SOFTWARE outside of the Site.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to KDS a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to KDS by all means and in any media now known or hereafter developed. You also grant to KDS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against KDS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to KDS.
If you believe that content appearing on the Site constitutes copyright infringement of another party’s rights, please contact KDS so the situation can be corrected.
1a. Subscriber Content
Content shared via KDS on-line services grants KDS a non-exclusive, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Content. The rights you grant in this license are for the limited purposes of allowing KDS to operate the Service in accordance with our stated goal of fostering collaboration amongst its users. Note: Data marked as private will have access limited to individuals and accounts granted explicit rights. These rights may be driven by user role (i.e. Coaches having access to coaching files).
When you upload your content to KDS you are granting permission for that content to be made available pursuant to the application function around collaboration and sharing.
It is your responsibility to ensure that you adhere to and respect the intellectual property, copyrights, and trademarks of anything that you post for sharing. Additionally you are wholly responsible for NOT posting any content that could violate the privacy of others in any manor, including, but not limited to, Images, Videos, or Personal Information.
KDS and/or any other names of KDS or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of KDS, including the “look” and “feel” of the Site, KDS’s color combinations, layout, and all other graphical elements. Any use of KDS’s trademarks is strictly prohibited without the express permission from KDS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
- Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by KDS, KDS does not operate, control or endorse any information, products or services on the Internet in any way. Except for KDS – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with KDS. You also understand that KDS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
- Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
- Impersonate any person or entity, including but not limited to, an KDS official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post or transmit any Material that contains a virus or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”,”chain letters”,”pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any Material posted by any other person or entity; or
- Manipulate or otherwise display the Site by using framing or similar navigational technology.
- Disseminate username, password or any additional subscription-based Site-accessing information to unauthorized individuals.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. KDS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND KDS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. KDS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL KDS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF KDS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, KDS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
You agree to indemnify, defend and hold harmless KDS, its officers, directors, employees, agents, licensors, suppliers, course providers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
- Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of KDS and its officers, directors, employees, agents, licensors, suppliers, course providers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
- Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that KDS shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to non-KDS Internet World Wide Web sites or resources. Because KDS has no control over such sites and resources, you acknowledge and agree that KDS 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. You further acknowledge and agree that KDS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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.
This Agreement shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between KDS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the county of Manhattan, state of New York.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. KDS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. KDS may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Does KDS collect personal information about me?
If you are just browsing our website, we do not collect any personal information about you.
We may ask you for and collect personal information, such as your name, email address, postal address, phone number, and possibly credit card information, when you
- order something on our web site or by phone
- open an account with us
- subscribe to an email newsletter
- participate in a survey, contest, or other event
We may also request additional information if mandated by a state DOE or district, such as social security number or employee ID.
If you register with us, by creating an ID we will track purchases, user entered demographic data and search/usage patterns so that you can track your orders and so that we can serve you better by tailoring information for you.
What does KDS do with my personal information?
We use personal information related to an order to process the order. We may contact you by email, phone, or postal address to confirm the order or if we have questions.
We may also use your personal information and information about your product interests to send you emails about products and promotions or to ask you questions about your preferences. If you do not want us to send you these emails, contact us.
Does KDS share my information?
We never tell anyone your email address or phone number. We may share your postal mailing information and your product interests with other carefully selected educational partners whose products may interest you. If you do not want us to share information about you, contact us.
Does KDS store information on my computer? (“cookies”)
To recognize you as a returning customer and to show you information the way you want it, our computers put a small piece of information on your computer. This is called a “cookie.”
A cookie tells us about your computer and lets our computers remember what you are currently doing or did in the past at our web site. For example, a cookie lets us track your shopping cart while you are on our web site.
A cookie does not give us any of your personal information, such as your name or email address.
Cookies also help us understand how people use our web site. They help us know which sections of the site are most popular and how people look for information on our site. We use this information to improve our web site and to serve your better.
Does KDS issue refunds?
KDS does not offer refunds based on customer dissatisfaction. Refunds will only be issued if the KDS software did not function properly through no fault of the customer or the customers’ computer hardware or internet connection. Customer must notify KDS in writing of any technical problem with the KDS software and, if KDS is not able to resolve the technical problem, KDS will issue a refund within forty five (45) days from the date of such resolution.
What if I have other questions?
Please contact us. We are happy to answer your questions.