Last updated: October 18, 2023
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kardin Systems, Inc., 8024 Bracken Pl. SE Snoqualmie, WA 98065–9257.For the purpose of the GDPR, the Company is the Data Controller.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Washington, United States
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Personal Data is any information that relates to an identified or identifiable individual.For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Kardin Systems, Inc., accessible from https://www.kardin.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: Cookies by TermsFeed Generator.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
- Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
- Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected: Yes, but We collect only real names, email addresses and phone numbers if they are provided by You.
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
- Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
- Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
- Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
- Category G: Geolocation data.
Examples: Approximate physical location.
- Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
- Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
- Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
- Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
- Indirectly from You. For example, from observing Your activity on our Service.
- Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
- To operate our Service and provide You with our Service.
- To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
- The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
- By email: email@example.com
- By visiting this page on our website: https://www.kardin.com/contact
- By phone number: (425) 363‑2360
- By mail: 8024 Bracken Pl. SE Snoqualmie, WA 98065–9257
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
- Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if We cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://www.kardin.com/contact
- By phone number: (425) 363‑2360
- By mail: 8024 Bracken Pl. SE Snoqualmie, WA 98065–9257
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this server (“Software”) is the copyrighted work of Kardin Systems, Inc. and/or its suppliers. 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 (“License Agreement”) . An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE 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 LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, KARDIN SYSTEMS, INC. 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 NON-INFRINGEMENT.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use , duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227‑7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227–19, as applicable. Manufacturer is Kardin Systems, Inc., 8024 Bracken Pl. SE, Snoqualmie, WA 98065–9257.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQ’s) from this server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, except as agreed to in writing by Kardin Systems, Inc. and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the kardin.com website or any other Kardin Systems owned, operated, licensed or controlled site. Elements of Kardin Systems websites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic , sound or image from any Kardin Systems website may be copied or retransmitted unless expressly permitted by Kardin Systems.
KARDIN SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KARDIN SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL KARDIN SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KARDIN SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.
IN NO EVENT SHALL KARDIN SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT , NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
TRADEMARKS. Kardin, Kardin Systems, Kardin Enterprise, Kardin Budget System, and/or other Kardin Systems’ products referenced herein are either trademarks or registered trademarks of Kardin Systems. Other product and company names mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Kardin Systems, Inc.
8024 Bracken Pl. SE
Snoqualmie, WA 98065–9257
Kardin Portal End-User License Agreement
IMPORTANT – READ CAREFULLY: This End-User License Agreement (the “Agreement”) is a legal agreement between you, as either an individual and/or as an agent of a legal entity (the “Customer”), and Kardin Systems, Inc. (“Kardin”) for a Service (the “Service”), as described below and which may be provided with this Agreement. By exercising your rights to use the Service, the Customer agrees to be bound by the terms of this Agreement. The Customer is asked to review and either accept or not accept the terms of this Agreement. If the Customer does not agree to the terms of this Agreement, you may not use the Service.
WHEREAS, Kardin is in the business of providing an online business application (the “Service”);
WHEREAS, Customer wishes to use the Service and may upload Customer Data into the Service;
NOW THEREFORE, for and in consideration of the mutual agreements and covenants hereafter set forth, the parties hereto agree as follows:
1.1. Customer Data shall mean any data, information, or other materials of any nature whatsoever, provided to Kardin by Customer while implementing and/or using the Service.
1.2. Electronic Communications shall mean any transfer of signs, signals, text, images, sounds, data, or intelligence of any nature transmitted in whole or part electronically.
1.3. Fixed License means a license that is assigned to a single user and can only be used by that person.
1.4. Floating License means a license that is available to any user set up to use a Floating License but can only be used by one person at a time, and may also be referred to as a Concurrent License.
1.5. User means an agent of the Customer, who is assigned a License.
1.6. Term means any Initial Term and/or Renewal Term as defined in Section 5.
Kardin or its agents shall host the Service, and may update the content, functionality, and user interface of the Service from time to time in its sole discretion and in accordance with this Agreement. The Service may include, but is not limited to, websites, software products, documentation, sample files, training materials and other files.
The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Service like any other copyrighted material. ACCESS TO THE SERVICE IS LICENSED, NOT SOLD.
3. LICENSE GRANT.
3.1. Non-Exclusive, Non-Transferable. Subject to the terms and conditions of this Agreement, Kardin grants Customer during the Term of the Agreement the non-exclusive, non-transferable (except in connection with an assignment under Section 12.1 herein) and terminable license to use the Service and to display content solely for Customer’s internal business operations, provided such operations shall not include service bureau use, outsourcing, renting, or time- sharing of the Service.
3.2. Conditions. Customer acknowledges and agrees that any rights granted to Customer are provided to Customer on the condition that Customer does not (and does not instruct or enable any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof, or otherwise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service, or for the purpose of obtaining unauthorized access to the Service.
3.3 Sublicensing Prohibited. Customer is expressly prohibited from sublicensing the use of the Service to any third parties. Customer acknowledges and agrees that Kardin shall own all rights, title, and interest in and to all intellectual property rights in the Service. Except as provided in this Agreement, the license granted to Customer does not convey any rights in the Service, express or implied, or ownership in the Service, or any intellectual property rights thereto.
3.4. Reserved Rights. Any rights not expressly granted herein are reserved by Kardin.
4. LICENSE FROM CUSTOMER.
4.1. License of Customer Data. Subject to the terms and conditions of this Agreement, Customer grants Kardin the non-exclusive, non-transferable (except in connection with an assignment under Section 12.1 herein) license to copy, store, record, transmit, maintain, display, view, print, or otherwise use Customer Data solely to the extent necessary to maintain and provide the Service.
4.2. Survival. Customer agrees that the license to Customer Data shall survive the termination of this Agreement for one year, solely for the purpose of maintaining and providing the Service and storing backup Data.
5. LICENSE TERM, FEE, AND PAYMENT.
5.1. Initial Term. The initial term of this Agreement is as provided for by the sales proposal (“Initial Term” which shall include extension thereof as provided by any subsequent agreement of the parties). Customer shall pay all agreed Fees for the Service.
5.2. Renewal Term. After the Initial Term, this Agreement shall automatically renew for successive periods (“Renewal Term”), unless Customer provides Kardin with written notice of intent not to renew the Agreement by the End Date of the Initial Term (or the end of any Renewal Term). Such notice shall be sent to email@example.com.
5.3. Fees. Kardin reserves the right to change the amounts of the Fees for any Services, features, or products at any time. Except as stated in sections 7.3 and 8.2 of this agreement, Kardin shall not refund or pro-rate the Fees paid by Customer if Customer discontinues use or abandons the Service.
5.4. Fees at Renewal. Any change in Fees affecting Customer’s use of the Service, excluding additional Data Storage fees, shall commence at the start of each Renewal Term. Kardin shall give Customer notice of any price increase at least 60 days prior to the start of the Renewal Term.
5.5. Fees for additional Services, features, or products. Any additional Services, features, or products licensed or used by the Customer during the Initial Term, or any Renewal Term shall be billed at the prevailing rates.
5.6. Data Storage Fees. Any data storage beyond the amount listed in the sales proposal, or any subsequent agreement or contract then in effect, shall be billed at the prevailing rate on a monthly basis. Kardin will estimate Customer’s data storage each month and will notify Customer if they have exceeded their allocated amount.
6. TERMS OF SERVICE.
Customer acknowledges and agrees to the following terms of Service. In addition, Customer agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new service(s) subsequently licensed by the Customer shall be subject to this Agreement.
6.1. Customer Must Have Internet Access. To use the Service, Customer must have or must obtain access to the World Wide Web, either directly or through devices that access Web based content. Customer must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web. Customer will use a Web Browser to access the Service. It is understood that Kardin does not provide Internet Access or Web Browser software as part of its Service.
6.2. Accuracy of Customer’s Registration Information. Customer agrees to provide accurate, current, and complete information (“Registration Data”) about Customer as prompted by the registration form, which Customer will fill out to gain access to the Service. Customer further agrees to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current, and complete. Customer acknowledges and agrees that if Customer provides information that is intentionally inaccurate, not current or incomplete in a material way, or Kardin has reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, Kardin has the right to suspend Customer’s account.
6.3. Email and Notices. Customer agrees to provide Kardin with Customer’s e‑mail address, to promptly provide Kardin with any changes to Customer’s e‑mail address, and to accept emails (or other electronic communications) from Kardin at the e‑mail address Customer specifies. Customer further agrees that Kardin may provide any and all notices, statements, and other communications to Customer through either e‑mail, posting on the Service (or other electronic transmission) and/or by mail or express delivery service.
6.4. Administration by Customer. Customer shall assign a unique login (email address) for each of Customer’s users of the System. Customer acknowledges and agrees that Customer is prohibited from sharing passwords and/or logins with unauthorized Users. Customer shall be responsible for the confidentiality and use of Customer’s (including its employees’) passwords and logins.
6.5. Customer Communication. Customer shall be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically in or through the Service or under Customer’s account. Kardin may assume that any Electronic Communications it receives under Customer’s login and/or account information will have been sent by Customer.
6.6. Account Security. Customer agrees to immediately notify Kardin if Customer becomes aware of any loss or theft or unauthorized use of any of Customers passwords, logins, and/or account information. Intentional violations of this section may result in penalty fees and/or suspension of Customer’s account. If Kardin has reasonable grounds to believe that account security has been violated, Kardin shall have the right to suspend Customer’s account, at which time Kardin will notify Customer of the nature of the account security violation. Kardin shall have the right to monitor user accounts to maintain the security and integrity of the Service.
6.7. Customer’s Lawful Conduct. The Service allows Customer to send Electronic Communications directly to Kardin and to third parties. Customer agrees to comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications, and anti-spam legislation. Customer shall not enter any information or send any Electronic Communications from the Service that is unlawful, harassing, menacing, libelous, defamatory, or threatening. Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form, or by any means. Customer agrees not to access the Service by any means other than through the interfaces that are provided by Kardin.
Customer shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, or otherwise allow or make the Service available to any third party other than an authorized user, including but not limited to, creating Internet Links to the Service which include log-in information, including but not limited to, log ins, passwords, secure cookies, and/or “mirroring” or “framing” any part of the Service. Customer shall not upload, post, reproduce or distribute any Kardin information, Kardin software or other Kardin material protected by copyright or any other intellectual property right (including rights of publicity and privacy) without first obtaining Kardin’s express written permission. Customer shall not in any way express or imply that any opinions contained in Customer’s Electronic Communications are endorsed by Kardin. Neither Customer, nor someone acting on Customer’s behalf, my use the Service to target for solicitation any Kardin customers for purposes of providing any competitive product. Customer shall ensure that any use of the Service by Customers employees (or users) is solely in accordance with the terms and conditions of this Agreement.
6.8. Third-Party Software. Customer agrees to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by Kardin. Customer agrees to use software that supports the Secure Socket Layer (SSL/TLS) protocol or other protocols accepted by Kardin and to follow logon procedures for services that support such protocols. Customer acknowledges that Kardin is not responsible for notifying Customer of any upgrades, fixes, or enhancements to any such software or for any compromise of data transmitted across computer networks not owned or operated by Kardin or telecommunications facilities, including, but not limited to, the Internet.
6.9. Transmission of Data. Customer understands that the technical processing and transmission of Customer’s Electronic Communications is fundamentally necessary to Customer’s use of the Service. Customer expressly consents to Kardin’s interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that Customer’s Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Kardin. Customer acknowledges and understands that changes to Customers Electronic Communications may occur to conform and adapt such data to the technical requirements of connecting networks or devices. Customer further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Customer agrees that Kardin shall not be held responsible for any Electronic Communications and/or Customer Data which are lost, altered, intercepted, or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Kardin.
6.10. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kardin has no control over such sites and resources, Customer acknowledges and agrees that Kardin 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.
6.11. Proprietary Rights. Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content or information presented to Customer through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
6.12. Trademark Information. Kardin and other Kardin service marks, logos and products and service names are marks of Kardin (the “Kardin Marks”). Customer agrees not to display or use the Kardin Marks in any manner without Kardin’s express prior written permission.
6.13. Confidential Information. For purposes of this Agreement, confidential information shall include the terms of this Agreement, Customer Data, and any information that is clearly identified in writing at the time of disclosure as confidential (“Confidential Information”). Each party agrees: (a) to keep confidential all Confidential Information disclosed to it by the other party or by a third-party; (b) not to use the Confidential Information of the other party except to the extent necessary to perform its obligations hereunder; and (c) to protect the confidentiality of all confidential information in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Kardin will restrict its employees’ access to Customer’s Confidential Information to only those employees necessary to successfully provide the Service. Kardin may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and to use it only to facilitate the performance of their services for Kardin in connection with the performance of this Agreement. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. This Section 6.13 shall not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure. With respect to any information received by either party from the other as a result of any other relationship between the parties other than as licensor and licensee under this Agreement (i.e., business development, partnership, alliance, etc.), the parties shall abide by the terms and conditions of any Nondisclosure Agreement (or similar agreement) executed between the parties.
6.14. Provisioning Of Account. After execution of this Agreement, and subsequent to the time that Customer is provided a username and password for the purpose of provisioning Customer’s account, Customer shall be required to agree to a “click wrap” agreement pertaining to “Terms of Service” before Customer can begin use of the Service. Kardin hereby expressly agrees that to the extent that such click wrap Terms of Service differ from the terms of this Agreement, that the verbiage of this Agreement exclusively controls the obligations of the parties.
7. SUSPENSION / TERMINATION OF SERVICE.
7.1. Suspension for Delinquent Account. Kardin reserves the right to suspend Customer’s access, use of the Service, and/or any accounts for which any payment is due but unpaid. Customer agrees that Kardin shall not be liable to Customer nor to any third party for any suspension of the Service resulting from Customer’s nonpayment of fees as described in this section.
7.2. Suspension for Ongoing Harm. Customer agrees that Kardin may suspend Customer’s access to the Service if Kardin reasonably concludes that Customer’s use of the Service is causing immediate and ongoing harm to the Service, to Kardin, or to others. In the event that Kardin suspends Customer’s access to the Service, Kardin will use commercially reasonable efforts to resolve the issues causing the suspension of Service. If Kardin can resolve the issues causing Harm and providing that any such issues do not represent a breach of this agreement by Customer, then Kardin shall reinstate Customer’s use of the Service. Customer agrees that Kardin shall not be liable to Customer or to any third party for any suspension of the Service under such circumstances as described in this section.
7.3. In The Event of Breach. Either party may terminate this Agreement upon thirty (30) days written notice to the other party in the event of a breach of any provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. lf this Agreement is terminated as a result of a breach on Kardin’s part, Kardin shall refund the pro rata portion of any fee that may have been paid by Customer for the portion of the Service not furnished to Customer. If this Agreement is terminated as a result of a breach on Customer’s part, Customer shall not be entitled to refunds of any fees or sums paid to Kardin.
7.4. Handling of Customer Data in The Event Of Termination. Customer acknowledges and agrees that following termination of Customer’s account and/or use of the Service, Kardin may immediately deactivate Customer’s account and that following a reasonable period of not less than 60 days may delete Customer’s account and related Customer Data. Customer further agrees that Kardin shall not be liable to Customer or to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that Kardin is in compliance with the terms of this section. Notwithstanding anything herein to the contrary, if requested by Customer in writing prior to the expiration of such sixty (60) day period, Kardin will provide to Customer an electronic copy of Customer Data stored by Kardin through the Service at the time of termination. Customer shall be responsible for providing or prepaying to Kardin the cost of all storage media used to make such copy.
7.5. Insolvency. Subject to applicable law, either party may terminate this Agreement by written notice to the other and may regard the other party as in default of this Agreement, if the other party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occurs, that party shall immediately notify the other party of its occurrence.
8. MAINTENANCE, MODIFICATION TO, OR DISCONTINUATION OF THE SERVICE.
8.1. Service Interruptions. Customer recognizes that from time-to-time the Service may not be accessible due to maintenance, updates, upgrades, or other interruption of the Service. Customer agrees to hold Kardin harmless for any damages that arise from such an occurrence. Kardin will make commercially reasonable efforts to minimize or eliminate any interruption to the Service.
8.2. Modifications to the Service. Kardin reserves the right at any time and from time to time to enhance, modify, temporarily or permanently, the Service (or any part thereof). Access to new features or enhancements may require additional fees, licensing, or subscriptions. If Kardin modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, Kardin, at Customer’s written request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. If Kardin is unable to substantially restore such functionality, Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for use of the Service which was paid for by Customer but not yet furnished by Kardin as of the date of such termination.
8.3. Discontinuation of Service. Customer acknowledges that Kardin reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that Kardin shall not be liable to Customer or to any third party for any modification or discontinuation of the Service as described in this section.
9. NO WARRANTIES.
Kardin expressly disclaims any warranty for the Service. The Service and any related documentation or support is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, non-infringement, quality, conformity with specifications, reliability or functionality. The entire risk arising out of the use, performance, or nonperformance of the Service remains with Customer. KARDIN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE, THE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
10. LIMITATIONS OF LIABILITY.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH KARDIN IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY KARDIN OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM USING THE SERVICE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF CUSTOMER DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, OR NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT. The maximum liability of either party to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, tort, or otherwise, shall in no case exceed the equivalent of 12 months in license fees applicable at the time of the event. The essential purpose of this provision is to limit the potential liability of the parties arising from this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Service and that, were Kardin to assume any further liability other than as set forth herein; such consideration would of necessity be set substantially higher. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer.
11. DATA SHARING, CONTROL OF DATA.
11.1. Third-Party Data Sharing. In the event Customer grants access to or otherwise shares Customer’s Data with a third-party who is an Authorized Service User, Customer shall hold Kardin harmless for any changes to Customer’s Data by the third-party.
11.2. Customer Use of Third-Party Data Records. Customer may be granted third-party access to certain Data Records within the Data of another Customer. At any time, that third-party may choose to discontinue Customer’s access to the shared Data. Customer shall hold Kardin harmless for any liability due to loss of such access.
12. GENERAL PROVISIONS.
12.1. Successors and Assigns. This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other, except such consent is not required to the successor of all or substantially all of the assignor’s business or assets. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties, although Kardin reserves the right to identify Customer by name as a user of the Service.
12.2. Entire Agreement, Modification. This Agreement (and any Exhibits hereto) represents the entire agreement of the parties and supersedes all prior discussions and/or agreements between the parties and is intended to be the final expression of their Agreement. It shall not be modified or amended except in writing signed by both parties.
12.3. Governing Law and Venue. This Agreement shall be governed in accordance with the laws of the State of Washington and any controlling U.S. Federal Law. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement (or the Service) shall be settled exclusively by arbitration, conducted before a panel of three (3) arbitrators in King County, Washington, in accordance with the rules of the American Arbitration Association then in effect. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. The prevailing party shall be entitled to receive reimbursement from the other party for all of its reasonable attorney’s fees and costs. If any provision is held by arbitration to be contrary to law, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretations, its performance, or the like, the prevailing party shall be awarded reasonable attorney’s fees and/or costs.
12.4. Force Majeure Event. Neither party shall be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, rioting, protests, labor stoppage, data center failure, war or military hostilities, criminal acts of third parties or hackers, computer viruses or worms. Any payment date or delivery of Service date shall be extended to the extent of any delay resulting from any force majeure event.
12.5. Survival. Sections 4, 7.4, 10, and 12 shall survive the termination or expiration of this Agreement.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING IN WRITTEN FORM OR AGREEING ELECTRONICALLY IS AN AUTHORIZED USER.
Kardin Systems, Inc.
8024 Bracken Pl. SE
Snoqualmie, WA 98065–9257
Kardin Budget System End‐User License Agreement
IMPORTANT — READ CAREFULLY: This End‐User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity) (“You”) and Kardin Systems, Inc. (the “Licensor”) for the software accompanying this Agreement, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation, and any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued (the “Licensed Program”) to You. By exercising your rights to make and use copies of the Licensed Program, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Licensed Program.
- Licensed Program
The Licensed Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Licensed Program like any other copyrighted material. THE LICENSED PROGRAM IS LICENSED, NOT SOLD.
- Certain Preliminary Uses
(a) Installation. The Licensed Program is distributed to You by electronic download or on self‐installing media as described in the Documentation. You will need to install the Licensed Program on properly configured and compatible computer equipment according to the Documentation. You will also need to ensure that all required data is in proper format and no other software or equipment having an adverse impact on the Licensed Program are present.
(b) Evaluation Period. The Licensor may agree to grant you a temporary “Evaluation License” to install, store, load, execute, display and evaluate the Licensed Program for thirty (30) days. The Evaluation License does not authorize You to make productive use of the Licensed Program. At the end of the Evaluation Period, You can terminate this Agreement by notifying Licensor and certifying the return/destruction of all remaining copies in your possession or control. If You do not terminate this Agreement by that time, You will automatically be deemed to obtain a license to Use the Licensed Program according to this Agreement and You agree to pay any unpaid License Fees for the Licensed Program.
- Licensed Operating Environment
(a) Operating Environment. Once You have agreed to the terms of this Agreement, have completed activities described in Section 2 (“Certain Preliminary Uses”) and provided You pay the applicable License Fees described or referenced in Section 7 (“Price & Payment”) when due, You will be deemed granted one or more non-exclusive operations license(s) for the Licensed Program, in each case to install, store, load, execute and display (collectively, “Use”) the Licensed Program on one or more CPU(s) of the class described in the Documentation (the “Licensed Operating Environment”). The Licensed Program is provided only in machine readable object code form.
(b) Authorized Operators. The Licensed Program will be operated solely by Your own employees (“Authorized Operators”). The Authorized Operators will Use the Licensed Program in the Licensed Operating Environment in accordance with the terms of this Agreement.
(c) Installation from a Network Server. You may store complete copies of the installation files for the Licensed Program on a storage device, such as a network server, used only to install the Licensed Program on your other computers over an internal network. Licensor may provide you with either a Named Leased License, a Concurrent Subscription License, or some combination or multiple of these depending on the terms stated in the Purchase Order. A Named Leased License may not be shared or used concurrently by different users. A Concurrent Subscription License may only be used concurrently by the number of users specified in the Purchase Order. Any such usage or storage of installation files must be secure and not accessible to the general public.
- Additional Responsibilities
You shall be exclusively responsible for the supervision, management, and use of the Licensed Software, including, but not limited to the following:
(a) Assuring proper configuration of any hardware or related equipment or devices which are involved in the use of Licensed Software, including protection from computer viruses.
(b) Establishing adequate operating methods.
(c) Verifying that any and all calculations, reports, and other information entered into or produced by Licensed Software is correct and error free.
(d) Implementing procedures sufficient to satisfy Your obligations for security under this Agreement, including appropriate action between You and other members of Your organization or employees of Your company to prevent misuse, unauthorized copying, modification, or disclosure of the Software.
(e) Ensuring that Your Authorized Operators use the Licensed Program in the Licensed Operating Environment strictly in support of Your internal business operations and to process Your own data.
(f) Maintaining in a safe place archival copies of valuable software or data that would be needed in the event of disaster, corruption, or other loss.
- Reservation of Rights
(a) Rights to Licensed Program. The intellectual property rights in the Licensed Program shall at all times remain the exclusive property of Licensor. By executing this Agreement and paying the applicable License Fee, You obtain a limited license to Use the Licensed Program in object code form. YOU AGREE NOT TO DISASSEMBLE, DECOMPILE OR REVERSE ENGINEER THE LICENSED PROGRAM. You also agree that any information obtained in violation of this restriction will be confidential information automatically and irrevocably deemed assigned to and owned exclusively by the owner of the Licensed Program. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the Licensed Program. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Licensed Program remain intact and clearly legible.
(b) All Other Rights Reserved. Except as expressly granted to You under another provision of this Agreement, Licensor reserves to itself and prohibits You (directly or indirectly, in whole or in part) from loaning, renting, leasing, sublicensing or otherwise distributing or operating the Licensed Program to or for the benefit of any third party, and from altering, adapting, translating or preparing any derivative work of the Licensed Program. The foregoing limitation does not prohibit Authorized Operators from making a copy of the Licensed Program for archival purposes or as an essential step in making Permitted Uses of the Licensed Program in the Licensed Operating Environment.
(c) Separation of Components. The Licensed Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Product Support
You may receive the following Product Support from Licensor for so long as Licensor generally offers such Support to the public.
(a) Single Point of Contact. Support for Licensed Software will be handled through a Single Point of Contact (“Contact”) within the Your Company (although Licensor may agree to support more than one point of contact for large companies). You shall identify the Contact when purchasing user licenses for the Licensed Software. If Your Company already has a designated Contact, You will not be able to select an additional Contact without the written consent of Licensor.
(b) Support Charges. Support, if provided, will be billed at normal hourly support rates as determined by Licensor.
(c) Third Party Support. In the event that You receive Support from an Authorized Third Party Support Provider, such support will be governed by Your agreement with that Support Provider. Licensor makes no guarantees regarding the quality or correctness of any such support.
(d) No Guarantee of Support. Purchasing a User License for the Licensed Software does not guarantee that You will be provided with Support.
- Price & Payment
(a) Price. You agree to pay Licensor the annual License Fee in the amount stated on Licensor’s invoice. The License Fee is determined according to the method stated on the invoice. Payment of the License Fee entitles You to Use the Licensed Program in accordance with this Agreement during the stated Term. Any applicable Product Support Fees are referenced in Section 6 (“Product Support”). Licensor shall not refund or pro-rate the License Fee if You discontinue use or abandon the Licensed Program.
(b) Payment. Unless otherwise stated on Licensor’s invoice, the applicable fees and shipping charges are payable by You promptly upon delivery. You will pay all sales, use, value-added, GST, personal property or other governmental tax or levy associated with this transaction (including interest and penalties imposed thereon) other than taxes based on the net income or profits of Licensor. If You fail to pay any amount when due, Your license to Use the Licensed Program will automatically terminate and You will pay all costs of enforcement, including reasonable legal fees.
- Transfer of License
Licensor may agree, under certain terms and conditions, to allow You to transfer and assign not less than all of Your rights to the Licensed Program under this Agreement. You must give Licensor written notice of the requested transfer and the identity of the transferee. Licensor may condition the transfer on the transferee’s written consent to be bound by this Agreement. Licensor may impose transfer fees on an assignment of this Agreement. By transferring this Agreement, You terminate any right to Your continued possession or Use of the Licensed Program. You must promptly destroy all remaining copies of the Licensed Program in Your possession or under Your control. Licensor may require a Deletion Code or other proof of destruction to complete the License Transfer.
- No Warranties
Licensor expressly disclaims any warranty for the Licensed Software. The Licensed Software and any related documentation or support is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, non-infringement, quality, conformity with specifications, reliability or functionality. The entire risk arising out of use, performance, or nonperformance of the Licensed Software remains with You. LICENSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
- Software Locks & Undocumented Features
BE ON NOTICE THAT THE LICENSED PROGRAM CONTAINS A SOFTWARE LOCK THAT IS DESIGNED TO PREVENT UNAUTHORIZED OR EXCESSIVE USE OF THE LICENSED PROGRAM. USAGE OF THE LICENSED PROGRAM MAY, UNDER CERTAIN CIRCUMSTANCES, BE AUTOMATICALLY TERMINATED. LICENSOR DOES NOT REPRESENT OR WARRANT THAT OPERATION OF THIS FEATURE WILL BE ERROR FREE. YOU NEVERTHELESS AGREE THAT INCORPORATION OF THIS FEATURE INTO THE LICENSED PROGRAM IS COMMERCIALLY REASONABLE, HAS BEEN REFLECTED IN THE TERMS AND CONDITIONS OF THIS AGREEMENT AS A WHOLE AND YOU ACCEPT ALL RISK ASSOCIATED WITH THIS FEATURE.
- Limitation of Remedies & Liabilities.
The following provisions are a material condition of this Agreement and reflect a fair allocation of risk: (a) Remedies. You agree that if the Licensor violates any warranty or other provision of this Agreement, and Licensor determines that repair or other corrective action is not economically or technically feasible, Your sole and exclusive remedy will be to obtain a refund of License Fees paid by You. You also agree that legal remedies alone provide inadequate protection of Licensor’s intellectual property rights in the Licensed Program and that, in addition to other relief, Licensor may without necessity of posting bond obtain temporary and permanent injunctions to enforce those rights.
(b) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES INCURRED BY YOU, YOUR CUSTOMERS OR ANY THIRD PARTY. THIS LIMITATION PROTECTS LICENSOR AND ANY DISTRIBUTOR OR RESELLER FROM WHOM YOU OBTAINED THE LICENSED PROGRAM. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE FEE FOR THE LICENSED SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Term & Termination
(a) Generally. This Agreement shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another Section of this Agreement. This Agreement will terminate automatically if You breach any provision of it. You may terminate this Agreement at any time at Your election.
(b) Effect of Termination. Termination of this Agreement will terminate Your right to possess or Use the Licensed Program. Upon termination for any reason, You agree to return to Licensor or destroy the original and all copies of the Licensed Program (including Documentation) and cease all further Use of it. Termination will have no effect on Your obligation to safeguard and protect proprietary rights of Licensor under Section 5(a) (“Rights to Licensed Program”), disclaimers under Section 9 (“Warranties”), limitations under Section 11 (“Limitation of Remedies & Liabilities”) or continuing assurances made under Section 14 (“Export Regulations”).
- Disputes, Choice of Law
Except for certain injunctive relief authorized under Section 11 (“Limitation of Remedies & Liabilities”) which may be brought at any time, the parties agree that all disputes shall be submitted to a single arbitrator under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrator shall include a written explanation of the decision, shall be limited to remedies otherwise available in court and shall be binding upon the parties and enforceable in any court of competent jurisdiction. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND WASHINGTON, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE. YOU WILL BRING ANY ACTION AGAINST LICENSOR WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR BE BARRED.
- Export Regulations
The transfer of technology across national boundaries is regulated by the U.S. Government. You agree not to export or re‐export the Licensed Program without first obtaining any required export license or governmental approval. You will not directly or indirectly export or re‐export Licensed Program technology to any country or location in violation of U.S. Export Administration Regulations. This provision and the assurances made herein shall survive termination of this Agreement.
- U.S. Government Restricted Rights
The Licensed Program (including Documentation) is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227‑7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights clause at 48 CFR 52.227–19, as applicable. The Contractor is Kardin Systems, Inc., with offices at 8024 Bracken Pl. SE, Snoqualmie, WA 98065–9257.
You agree that no failure to exercise, and no delay in exercising any right, power, or privilege hereunder on the part of Licensor shall operate as a waiver of any right, power, or privilege. You further agree that no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. This document and Your signature entry or agreement in electronic form, or a hard copy duplicate in good form, shall be considered an original document with authenticated signature admissible into evidence unless the document’s authenticity is genuinely placed in question. You may issue a purchase order, but it will have no substantive effect on our Agreement. This Agreement may be modified or amended only by a writing signed by an authorized representative of Licensor. It is agreed that sales representatives and distributors of the Licensed Program have no authority to alter this Agreement. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
If you have any questions about this Agreement, please contact us:
Kardin Systems, Inc.
8024 Bracken Pl. SE
Snoqualmie, WA 98065–9257