Service & Privacy Policy

TERMS OF SERVICE AND PRIVACY POLICY

Welcome to the KANDL Web site!  Our site is intended to provide customers and partners with information about our company and positive customer and partner support, as well as and project collaboration, experiences. Your use of this site, including the KANDL Client and Partner Extranet is your representation and warranty that you have read and agree to the Terms of Service set forth herein. Please review these terms carefully as the Terms of Service represent a binding contract between you and KANDL regarding your use of this site. KANDL may, from time to time, and in its sole and absolute discretion, modify these Terms of Service and such modifications shall be effective immediately upon posting to this site. Your continued use of this site after any such modifications are made constitutes your acceptance of such modifications. If you do not agree with any of these terms, please do not use this site and or email us with your questions and concerns.

Copyright and Other Intellectual Property. The contents of this site are protected by domestic and international intellectual property laws including, but not limited to, the United States Copyright Act of 1976 (17 USC § 101 – 810), as amended, and the Berne Convention. The contents are owned, respectively, by KANDL, its clients, partners, vendors and other third parties, with reservation of all rights in law and equity. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this site, including text, graphics, layout, code or software without the prior written consent of the owner. If you have questions relating to use of any materials on this site, please contact us.

Notice of Copyright Infringement and Other Intellectual Property. If you believe that content appearing on this site constitutes a violation of another party’s intellectual property rights, please contact us with the following information:

Privacy Policy. From time to time, KANDL may collect certain non-public information about you subject to KANDL’s current Privacy Policy. Any questions relating to KANDL’s Privacy Policy should be directed to your email us contact@kandcast.com or call us at 703.476.6522 with any concerns.

Restrictions and Conditions of Site Use. As a site user, you represent, warrant and agree not to:

Warranty Disclaimer. KANDL provides the site, including all content and materials, on an “as is” and “as available” basis and makes no express or implied warranties, representations or endorsements, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement. Furthermore, KANDL neither warrants nor guarantees that information contained in the site is correct, accurate, reliable, complete or free of viruses or errors or is otherwise secure or will not be interrupted. You expressly agree that use of the site is at your sole responsibility and risk and it is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided on this site. If your jurisdiction prohibits disclaimer or exclusion of some of the warranties described in this section, those certain exclusions and disclaimers may not apply to you.

Limitation of Liability. In no event will KANDL or its officers, executives, principals, partners or affiliates be liable for any incidental, consequential or indirect damages, including but not limited to, damages for loss of profits, business interruption or loss of programs or information, arising out of or in connection with use or inability to use the site or any information or transactions provided by the site even if KANDL has been advised of the possibility or likelihood of such damages.

Indemnification. You agree to defend, indemnify and hold harmless KANDL and its officers, executives and principals from and against any and all claims and liabilities, including reasonable attorneys’ fees and costs, related to, arising from or in connection with: (i) any breach of these Terms of Service; (ii) your use of the site; or (iii) any violation or infringement of any third party’s rights. KANDL reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to this section and shall do so at its sole and absolute discretion. Any claims regarding the services provided through this site shall be governed by the specific consulting contract between you and KANDL.

Termination. KANDL may terminate your access and use of the site at anytime for any reason within its sole and absolute discretion. Any claims regarding the services provided through this site shall be governed by the specific consulting contract between you and KANDL.

Assignment. KANDL may assign its rights and duties under these Terms of Service to any party at any time in its sole and absolute discretion without notice to you.

Waiver. Failure of KANDL to enforce any of the Terms of Service shall not be construed as a waiver of such provisions.

Severability. If any provision of the Terms of Service is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision of these Terms of Service and these Terms of Service shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

Applicable Law and Jurisdiction. These Terms of Service are governed by the laws of the Commonwealth of Virginia without reference to its conflicts of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located within the Commonwealth of Virginia, Fairfax County, and agree that, regardless of any law to the contrary, any claim or cause of action arising out of, in connection with or relating to your use of this site must be filed within two (2) months after such claim or cause of action arises or be barred permanently.

E-mail: legal@KANDLcast.com