The following are the terms of an agreement between you and Karing Kind, LLC. By accessing, or using this Web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.
Except for the limited permission in the preceding paragraph, Karing Kind, LLC does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Karing Kind, LLC reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Karing Kind, LLC.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
From time to time, this Web site may contain technical inaccuracies or typographical errors, and Karing Kind, LLC does not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.
Karing Kind, LLC does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Karing Kind, LLC (not including credit card information) will be deemed NOT to be confidential. By sending Karing Kind, LLC any information or material, you grant Karing Kind, LLC an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information as well as be free to use any ideas, concepts, know-how, or techniques that you send Karing Kind, LLC for any purpose.
Information Karing Kind, LLC publishes on the Internet may contain references or cross references to our or other products, programs and services that are not announced or available in your state or country. Such references do not imply that Karing Kind, LLC intends to announce or make available such products, programs, or services in your state or country.
This Web site may provide links or references to sites and resources provided by entities other than Karing Kind, LLC. Karing Kind, LLC makes no representations, warranties, or other commitments or endorsements whatsoever about any of these sites or third-party resources that may be referenced, accessible from, or linked to any of our sites. In addition, Karing Kind, LLC is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from our sites. When you access these Web sites, even one that may contain our logo and name, please understand that it is independent from Karing Kind, LLC, and that Karing Kind, LLC does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
Linking to This Site
Karing Kind, LLC consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Karing Kind, LLC; (c) implies that Karing Kind, LLC approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Karing Kind, LLC or otherwise damage the goodwill associated with our name or trademarks. As a further condition to being permitted to link to this site, you agree that Karing Kind, LLC may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of our names and/or trademarks.
Disclaimer of Warranty
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED AS IS, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. KARING KIND, LLC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, KARING KIND, LLC MAKE NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KARING KIND, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF KARING KIND, LLC ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Disclaimers and Limitation for Client Services Agreements
KARING KIND, LLC DISCLAIMS ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CLIENT REPRESENTS AND WARRANTS THAT THEY ARE FULLY AUTHORIZED TO SCAN PROVIDED MATERIALS AND THAT PROVIDED MATERIALS ARE NOT IN VIOLATION OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. CLIENT IS ADVISED AND AWARE OF THE LIMITATIONS AND VARIABILITY OF SCANNING AND OCR TECHNOLOGIES. IN NO EVENT SHALL KARING KIND, LLC BE LIABLE HEREBY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS OR PROFITS, OR LOSS OF DATA, EVEN IF KARING KIND, LLC IS ADVISED OF THEIR POSSIBLE EXISTENCE. OUR ENTIRE LIABILITY TO CLIENT AND ALL THIRD PARTIES FOR ANY AND ALL CLAIMS IN ANY MANNER RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID TO KARING KIND, LLC UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO SUCH CLAIM AND CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD KARING KIND, LLC (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, PARTNERS, AFFILIATES AND EMPLOYEES) HARMLESS, INCLUDING FOR ANY DAMAGES, COSTS, FEES EXPENDED IN ITS DEFENSE OR SETTLEMENT, IN THE EVENT THAT ANY LEGAL OR EQUITABLE CLAIMS ARISE OUT OF THE FOREGOING PROJECT OR CLIENT’S UTILIZATION OF OUR WORK. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF COLORADO, SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF COLORADO LOCATED IN BOULDER COUNTY. BY ACCEPTING SERVICES FROM KARING KIND, LLC, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS THE ENTIRE AGREEMENT FOR THIS PROJECT.
You agree to indemnify, defend and hold harmless Karing Kind, LLC, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Any dispute relating in any way to your visit to this website or to products or services sold or distributed by Karing Kind, LLC shall be adjudicated in Boulder County, Colorado, and you consent to exclusive jurisdiction and venue this court.
Waiver of Jury Trial
Both parties hereby waive any right to trial by jury in any action, proceeding or counterclaim based hereon or relating to the subject matter of this Agreement.
In the event of judicial or other adversarial proceeding relating to the subject matter of this Agreement, the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs. The prevailing party shall be determined based upon an assessment of which party’s arguments or positions could fairly be said to have prevailed over the other party’s arguments or positions on major disputed issues at trial. Such assessment should include evaluation of the following: the amount of the net recovery; the primary issues disputed by the parties; whether the amount of the award comprises a significant percentage of the amount sought by the claimant; and the most recent settlement positions of the parties.
The Members hereby agree that prior to the institution of any litigation proceedings among the parties over a provision of this Agreement, the party seeking to resolve the dispute (the “Plaintiff”) will submit such claim to good faith non-binding mediation, which shall be held in the City and County of Boulder, Colorado. The Plaintiff shall notify in writing the other parties against whom such mediation is sought (the “Defendants”), describe the nature of such claim, the provision of this Agreement in question, and the material facts surrounding such claim. If the parties are unable to agree on one (1) mediator, the Plaintiff shall appoint one (1) mediator and the Defendants shall appoint one (1) mediator. Such mediators shall be appointed within thirty (30) days of the date of the notice described above. Within thirty (30) days of appointment, such mediators shall appoint a third mediator. Each party appointing a mediator shall bear all costs and expenses associated with such mediator, and the costs and expenses associated with the third mediator (or the first mediator if one (1) is agreed upon) shall be borne one half by the Plaintiff and one half by the Defendants, such half to be borne equally by all Plaintiffs, if more than one, and all Defendants, if more than one. Within thirty (30) days of the appointment of the foregoing described mediator(s), the Plaintiff and Defendant shall hold a mediation hearing before such mediator(s) at such time and place as the Plaintiff and Defendant may agree. At such mediation hearing, the Alternative Dispute Resolutions provisions of the Colorado Revised Statutes shall apply. If such mediation is unsuccessful, or if Plaintiff provides notice of mediation and Defendant does not comply with the requirements above in this Section, Plaintiff may initiate litigation on the claim or claims specified in Plaintiff’s notice, at Plaintiff’s sole discretion.
Karing Kind, LLC collects your personal information for various purposes, such as processing your order, corresponding with you, and providing you with a service. Karing Kind, LLC may combine the information Karing Kind, LLC collect from you with information obtained from other sources to help Karing Kind, LLC improve its overall accuracy and completeness, and to help Karing Kind, LLC better tailor our interactions with you. Karing Kind, LLC may utilized the collected information to best perform these services, be it through disclosures to partners, such as shipping companies for order processing, or additional vendors for service work completion. In addition, Karing Kind, LLC may also collect information relating to your use of our Web sites through the use of various technologies, including cookies. That said, you may also turn off cookies in your browser.
Related Site Policies, Modifications and Severability
If you visit another website of our company, client is additionally bound by those Terms and Conditions as listed on those sites, with those Terms and Conditions taking priority. Karing Kind, LLC reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.