This SERVICE AGREEMENT (“Agreement”) is an agreement between Kraken Automation (“Company”) and the party set forth in the related order form (“Customer” or “you”) incorporated herein by this reference (together with any subsequent order forms submitted by Customer, the “Order”) and applies to the purchase of all services ordered by Customer on the Order (collectively, the “Services”). The parties understand, acknowledge and agree that this is an online agreement which is being entered into in conjunction with the Order.
851 E-I65 Service Rd S Ste 1020 Mobile, AL 36606
PLEASE READ THIS AGREEMENT CAREFULLY.
BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICIES.
2. ADDITIONAL TERMS. By using the SIM Sites, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable products and services. We may also require your agreement to rules of participation (“Rules”) for activities and services such as (by way of example only) business application use, search or advertising/marketing. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, contests or sweepstakes at any time in our sole discretion and without notice.
Contact Us: firstname.lastname@example.org
5.1 ACCURACY OF INFORMATION. Some services on the SIM Sites permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the SIM Sites and any services they offer. You will not under any circumstances use the account, username, or password of someone else at any time.
6. ACCOUNT SECURITY. You are entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use the SIM Sites. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
7. USE OF SOFTWARE. Use of the Site may require you to use software provided by or operated from the Site, and on occasion we may make certain software available to you from the Site. To the extent you use such software or download such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
8. TRADEMARK INFORMATION. The krakenautomations.com logo, Kraken Automation, krakenautomations.com, SIM, Kraken Automation, SIM, trademarks and service marks, together with other Company logos and product and service names, are trademarks of Company, and you may not copy, use or display them in any manner without our prior written consent, which we may withhold in our sole discretion.
9. USER MATERIALS. Many of the Sites welcome and even invite comments and other content from their users, and may allow interaction by and among SIM Site users by permitting those users to participate in forums, submit comments, provide posts and other content to web logs (or “blogs”) provided by Company and by third parties. As a result, you may from time to time have the opportunity to provide Company with content that you generate in connection with your participation in the aforementioned services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows:
9.2 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through any SIM Site, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:
(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on SIM Sites, on third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop, and on physical media.
(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the SIM Sites, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.
(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. If you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.
9.3 PUBLIC FORUMS. The SIM Sites may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other SIM Site users. These areas or features may include, by way of example only, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through any SIM Site, and we will have no duty to monitor any of the areas or features described in this paragraph.
10. USER CONDUCT.
10.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through any SIM Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the SIM Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the SIM Sites and the services they offer. You are prohibited from violating or attempting to violate any security features of any SIM Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any SIM Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any SIM Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to an SIM Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any SIM Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using an SIM Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the SIM Sites or their services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the SIM Sites.
11. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it in writing to the Company’s designated agent, who may be reached at the following address: email@example.com
12. NO WARRANTIES. WE ARE MAKING THE SIM SITES AND ANY SERVICES THEY PROVIDE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, EACH SIM SITE OR THE SERVICES IT OFFERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SIM SITES AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SIM SITES OR ANY SERVICES THEY OFFER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY SIM SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
13.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE SIM SITES CONTAIN THE OPINIONS AND VIEWS OF BUSINESSES AND OTHER USERS, ALL OF WHOM ARE BEYOND THE CONTROL OF COMPANY. GIVEN THE INTERACTIVE NATURE OF THE SIM SITES, WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.
13.2 DISCLAIMER REGARDING USER ACTIONS. WE DO NOT PRE-SCREEN, INVESTIGATE OR OTHERWISE REVIEW OR APPROVE USERS, AND WE CANNOT GUARANTEE USER IDENTITIES OR ANY INFORMATION THAT USERS PROVIDE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS YOU MAY TAKE ON OR IN CONNECTION WITH THE SITE OR THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO ANY OTHER USER UNLESS YOU KNOW WHO THAT USER IS AND KNOW WHAT HE OR SHE INTENDS TO DO WITH YOUR PERSONAL INFORMATION. MUCH OF THE CONTENT WE PROVIDE IS INFORMATION THAT RESIDES ON OUR SERVERS AT THE DIRECTION OF OUR USERS, AND YOU MUST USE YOUR OWN INDEPENDENT JUDGMENT IN USING THE SITE, IN PARTICIPATING IN ANY BUSINESS, TRADE OR OTHER NETWORKING OPPORTUNITIES THAT MAY BE AVAILABLE FROM THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY SUCH EVENTS OR OTHER OPPORTUNITIES THAT MIGHT ARISE IN CONNECTION WITH USE OF A Kraken Automation SERVICE OR ANY SIMILAR APPLICATION), AND BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION YOU MAY OBTAIN FROM THE SITE.
13.3 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING BUSINESS TRANSACTIONS, ADVERTISING AND MARKETING OPPORTUNITIES, WEB PRESENCE, NEWS, EDITORIAL CONTENT, INFORMATION, TOOLS AND SERVICES THAT WE BELIEVE OUR USERS WILL USE AND ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THIS SITE AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE.
14. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SIM SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE SIM SITES OR ALTER OR DELETE THE SIM SITES OR THEIR CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
18. COPYRIGHT. All contents of the Site are: Copyright © Kraken Automation and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at the address set forth in Section 2 above.
21. NO LICENSE. Nothing contained on the SIM Sites should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.
23. PURCHASES & REFUNDS. The Kraken Automation platform offers a number of tools and applications for purchase on the platform through the marketplace. All purchases are made for the full month, no matter the date of the month in which the purchase has taken place, and payments will be for the full month unless authorized in writing by a Kraken Automation executive. All payments will be made in advance by the first (1st) of the month for the upcoming month. Sorry, refunds are not available.
24. USE OF TOOLS AND BILLING. All tool license purchases on the platform will be charged to the customer’s payment method on file monthly starting from the first (1st) payment day, recurring monthly( EVERY 30 DAYS). By purchasing the tool, and confirming said purchase, customer agrees to pay the monthly fee automatically debited from account on file on an ongoing basis. Billing will continue on-going unless the customer actively cancels the tool from their account.
Email Marketing: Email marketing will accrue per 6,000 email sent blocks. If a customer exceeds the allotted 6,000 emails available for that purchased block, the payment method on file will be immediately billed and account upgraded to the next 6,000 email block at a rate of twenty dollars ($20) per month.
Directory Management: Purchase of the directory management tool requires a 3 month contract period to start, with an ongoing month-to-month contractual basis thereafter. Cancellation on or before the 3 month period is strictly prohibited.
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