These Terms of Service (the "Terms") govern your use of the online functionality made available at www.kaizena.com (the "website") by Kaizena Inc. ("KAIZENA," "we" and "us"), which enables you to give feedback on electronic documents.
We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website, and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.
Before accessing or using the Service, you must agree to these Terms. You are also required to register on our website.
In the United States, if you are the sponsor of a Sponsored Group (the “Sponsor”) that includes children under the age of 13, you (or your school) assume the responsibility for complying with the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Service the personal information of children under the age of 13 in order to establish an account or use the Service. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, FAQs M1 to M5 on the Federal Trade Commission’s website at http://business.ftc.gov/documents/Complying-with-COPPA-Frequently-Asked-Questions.
The Service is provided free of charge, although you are responsible for any third-party fees that you may incur when accessing the Service, including Internet connection fees. We may, in the future, charge to use of the Service or components of the Service that involve premium offerings, in which case you will be notified in advance of such change.
When you register with us, you will be asked to disclose certain personal information about yourself, including your name and email address.
You agree to provide us with true, accurate and complete information about yourself as requested in our registration process. You also agree to update the information on your Profile promptly as necessary to keep it current and accurate.
Subject to the terms and conditions of these Terms, the Service, including all text, graphics, photos, videos, information, applications, software, sounds and any other content available through the Service, and their selection and arrangement in the Service, are the intellectual property of KAIZENA or our licensors, with all rights reserved.
Subject to the terms and conditions of these Terms, KAIZENA grants you a non-exclusive, revocable, limited license to access and use the Service solely for the purposes set forth in these Terms. Any use of the Service other than as specifically authorized in these Terms, without the prior written permission of KAIZENA, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the Service.
You agree not to do any of the following:
You represent, warrant and agree that all content of any kind that is uploaded through your Profile or that you otherwise make available through the Service will not violate or infringe upon the rights of any third party, including any copyright, trademark, privacy, publicity or other intellectual property, personal or proprietary right.
You agree not to upload or otherwise make available through the Service any of the following:
You also agree not to do any of the following:
You understand and agree that you are solely responsible for all content which you upload or otherwise make available through the Service (collectively, your "User Content"). You hereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize KAIZENA to use all copyright, trademark, trade secret and other intellectual property rights in and to any and all of your User Content to enable inclusion and use of such User Content in the manner contemplated by the Service and these Terms. You may not upload or otherwise make available any content through the Service that you did not create or that you do not have permission to upload or otherwise make available.
You may remove any of your User Content from the Service at any time. If you remove your User Content, the license granted by you to KAIZENA above will immediately terminate, except that (i) any User Content that had been downloaded by any customer of KAIZENA prior to such removal may continue to be used indefinitely by such customer and its designees, and (ii) KAIZENA may retain archived copies of your User Content for up to one year for customer audits and similar purposes. KAIZENA does not assert any ownership over your User Content; rather, as between KAIZENA and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You understand and agree that KAIZENA may, but is not obligated to, review your User Content from time to time, and may delete or remove (without notice) from the Service any of your User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of KAIZENA violates these Terms, or which might be offensive or illegal, or that might harm or violate the rights or threaten the safety of users or others.
KAIZENA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content uploaded or otherwise made available through the Service, or endorse any opinions expressed in such content. You acknowledge that any reliance on material in content available on the Service will be at your own risk.
KAIZENA reserves the right to require payment of fees for certain services. KAIZENA will provide an invoice for any chargeable services, and timely payment must be made for continued access to such services. KAIZENA reserves the right to change its price list for certain services and to institute new charges at any time, after we provide you with notice via email or the website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the website.
KAIZENA reserves the right to discontinue a component of the Service at any time. Fees collected from expected use of a discontinued component of the Service will be refunded. In the case of a pre-order where the service has yet to be delivered, a full refund will be provided. For subscriptions, a pro-rated refund will be provided.
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded, posted or otherwise transmitted through the Service infringes upon any copyright which you own or control, you may so notify us at firstname.lastname@example.org.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. KAIZENA may also at its sole discretion limit access to the Service and/or terminate the Profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All trademarks, service marks, logos and trade names associated with KAIZENA and/or the Service, whether registered or unregistered, are proprietary to KAIZENA or to other companies where so indicated. Such marks may not be used, including as part of others' trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of KAIZENA.
The Service may contain or deliver links to other websites (each, a "Third-Party Site") as well as applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by KAIZENA, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content uploaded to, or otherwise available through, the Service.
If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and our other policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.
You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor interactions or disputes between you and any other such user.
You acknowledge that KAIZENA is not responsible or liable in any manner for any content (including your User Content), or any Third-Party Content, posted or transmitted through the Service, whether posted or transmitted by users of the Service, by KAIZENA, by third parties or by any of the equipment or programming associated with the Service. Although we have established rules for user conduct and postings, we do not control and are not responsible for what users upload or otherwise make available through the Service. KAIZENA is not responsible for the conduct, whether online or offline, of any user of the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. KAIZENA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. KAIZENA is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to your or to any other person's computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstance will KAIZENA be responsible for any loss or damage resulting from your use of the Service, or from any content (including your User Content) or Third-Party Content uploaded or otherwise made available through the Service, or from any interactions between users of the Service (whether online or offline).
KAIZENA reserves the right to modify the Service at any time without notice.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).
KAIZENA DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE. KAIZENA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL KAIZENA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF KAIZENA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
KAIZENA may terminate your access to the Service, delete your Profile and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
You agree that any dispute, claim or controversy arising out of or relating to the Service or this Agreement shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitration shall be conducted in San Mateo County, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
You agree to indemnify and hold harmless KAIZENA, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of your User Content, your conduct in connection with the Service, or any violation of these Terms or of any law or rights of any third party.
These Terms constitute the entire agreement between you and KAIZENA regarding the use of the Service, superseding any prior agreements between you and KAIZENA relating to your use of the Service. The failure of KAIZENA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.