Date of Last Update: September 17, 2015
1. Introduction and Acceptance
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.
2. Amendment to the Terms
3. KER Content
(a) “KER Content” includes any data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, collected, assembled, compiled or otherwise made available through the Services to you. The KER Content, the Services, and the underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
4. Use of Services
(a) Our Services are not intended for children under 13 years of age. No one under age 13 may provide any personal information to us. We do not knowingly collect personal information from children under 13. If you are under 13 do not use the Services. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
(b) Upon payment of any applicable fees, KER grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the KER Content, (2) access and use the software and mobile applications provided by the Services, and (3) use the software that is embedded in the Services as authorized in these Terms.
(c) When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the KER Content, the Services or any portion thereof, except as specifically permitted by these Terms.
(i) circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our websites or website content;
(ii) use an automatic device (such as a robot or spider) or manual process to copy our websites or website content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy website content from our websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of website content that is available to the public. We reserve the right to revoke this permission, generally at any time;
(iii) collect or harvest any information from our Services including, without limitation, user names, passwords, and email addresses;
(iv) solicit others users to join or become members of any commercial online service or other organization without our prior written approval;
(v) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vi) decompile, reverse engineer, or disassemble any portion of our Services or otherwise attempt to derive the source code of any software that KER provides to you or any other part of the Services;
(vii) use network-monitoring software to determine architecture of or extract usage data from our websites;
(viii) encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
(ix) use, display, mirror or frame the Services or any individual element of the Services, KER’s name, any KER trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KER’s express prior written consent;
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
5. Necessary Equipment
(a) Use of the Services requires the use of a computer with adequate software and a supported mobile device.
(b) Use of the Services requires access to the internet.
(c) The maintenance and security of the computer and internet access used for the Services is your responsibility.
(d) KER ClockIt permits the use of a heart rate monitor, which utilizes Bluetooth to transmit data. The maintenance of the heart rate monitor, and your device’s Bluetooth capability, is your responsibility.
(a) Horses can be dangerous and unpredictable. Use good judgment when using the Services and necessary equipment around horses.
(b) Use of phones or mobile devices to access Services in the vicinity of horses, including while mounted, is at your own risk.
7. Creating an Account
Use of KER ClockIt requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. You are responsible for maintaining the confidentiality of your account credentials, and any damages caused by your failure to do so. It is your responsibility to select whether you choose to have your account listed publicly or remain private.
8. User Content
(b) User Content may contain photos. Your photos may be accessed by the website or mobile application. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(c) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services, or a solicitation of funds; or
(v) contains a formula, instruction, or advice that could cause harm or injury.
Furthermore, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our websites will not be permitted.
(d) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
9. Service Content and Third Party Links
(a) KER provides Services for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Services. Under no circumstances will KER be liable for any loss or damage caused by your reliance on the Services.
(b) In some instances, the Services will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than authorized employees of KER or authorized spokespersons of KER acting in their official capacity.
(c) Our Services may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
12. Copyright Policy
(a) We respect the intellectual property rights of others and expect you to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our Services or hosted on our systems that may be infringing or the subject of infringing activity.
(b) In accordance with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement that are reported to [email protected].
(c) If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing a written notification that contains the following:
(i) A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is alleged to have been infringed.
(ii) Identification of the copyright work that is alleged to have been infringed.
(iii) Identification of the material that is claimed to be infringing 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.
(iv) Information reasonably sufficient to permit us to contact you, such as and address, telephone number, or electronic mail address at which you may be contacted.
(v) 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.
(vi) A statement that the information in the notification is accurate, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DCMA. Inquiries that do not follow this procedure may not receive a response.
13. Choice of Law, Jurisdiction and Venue
(a) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, KER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING: WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES; WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH OUR SERVICES; WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND WARRANTIES THAT ERRORS IN SOFTWARE WILL BE CORRECTED.
(b) The Services may include maps, GPS, or other navigation data, including data relating to your current location. Without limiting the disclaimer in Section 15(a), KER makes no warranty regarding the accuracy or reliability of the GPS or navigation data. Your reliance upon GPS or other navigation data is at your own risk.
17. Limitation of Liability
(b) IN NO EVENT WILL KER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF AMOUNTS YOU HAVE PAID TO KER FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR LINKS IN ANY SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.
(d) Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you. These limitations shall apply to the fullest extent permitted by law.