Welcome to the kitedrive website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS USE OF THE kitedrive WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. This website (currently located at the URL http://www.kitedrive.com) is operated on behalf of Accellion, Inc. (“Accellion”). The kitedrive website is Copyright © 2011 and belongs exclusively to Accellion, Inc. By using the website (the “Services” or the “website”), you are indicating that you have read the terms and conditions contained in this document (the “Terms of Use”), that you understand those terms and conditions, that you agree to be bound by these Terms of Use and that the Terms of Use constitute a legally binding agreement between you and kitedrive. IF YOU OR YOUR EMPLOYER DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES. The Terms of Use may be revised at our complete discretion and without notice to you other than the posting of the revised terms on the website. Any revisions are effective when posted.
Use. You may use the Services solely for legitimate business purposes relating to kitedrive’s activities.
Eligibility. Please note that kitedrive does not provide any internet connectivity services, nor does kitedrive provide any computer equipment for users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services. kitedrive does not make the Services available to anyone under the age of 18. You represent that you are a ‘natural person’ older than the greater of (a) the age of eighteen (18) years, or (b) the age of majority in the country where you are a citizen.
Privacy. For information regarding kitedrive’s use of information collected in connection with the Services, please refer to the kitedrive Privacy Policy [[Link]], which is incorporated into these Terms of Use by reference.
Unless otherwise expressly mentioned, kitedrive or its partners own all patents, copyrights, marks (or rights to such marks), including trade marks, service marks, trade dress, trade names, corporate names, proprietary logos or indicia and other source or business, trade secrets and other intellectual property rights (collectively, “Intellectual Property Rights”) which are presented or identified in this website.
All products, technologies and processes described in this website are the subject of kitedrive’s Intellectual Property Rights and nothing in the website is deemed to grant or imply a license to the Intellectual Property Rights in such products, technologies, or processes, except to the extent you may use this website to purchase from kitedrive a license thereto under a separate and explicit agreement.
You may download, view, copy and print documents and graphics and other content in the website (“Site Content”) subject to the following: (a) the documents and graphics may be used solely for personal, informational, non-commercial purposes; and (b) the documents and graphics may not be modified or altered in any way. In addition to the foregoing, except as otherwise expressly agreed in writing by kitedrive, (i) you may not use for any purpose any kitedrive trademarks or service marks except as provided in the kitedrive press kit on the kitedrive website, and (ii) the digital files containing the kitedrive trademarks provided in the kitedrive press kit may be used only in connection with legitimate press activities describing the products and services provided by kitedrive. You may not use any kitedrive trademarks or service marks to show kitedrive or its products or services in any manner that would damage the reputation or goodwill of the foregoing, nor to make any false, deceptive or misleading statements concerning kitedrive, its products or services. You must include or maintain all copyright, trademark and other notices contained or associated with any copy you may make of any Site Content.
Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website in whole or in part without the express authorization of kitedrive.
If you violate any of these Terms of Use, you must immediately destroy any copies you have made of the Site Content, and kitedrive may terminate your permission to use the Services by written notice (including by email). We reserve the right to revoke your limited use license at any time, for any reason, and at the sole discretion of kitedrive. All rights not expressly granted to you are reserved.
User Content. We appreciate hearing from our users and welcome your comments regarding kitedrive’s mission, technology, and the Services. Please be advised, however, that our policy does not permit us to accept or consider creative or technical ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, products, and technology, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us unsolicited creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submissions”), you assign the intellectual property rights in or relating to the Submissions to kitedrive upon their submission or communication to kitedrive, and you agree that the same will automatically become the property of kitedrive and that kitedrive shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose kitedrive may elect. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
User Obligations. You agree not to do any of the following while using the Services:
Links. The Services may contain links to other websites or resources. You acknowledge and agree that kitedrive is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that kitedrive or any other person endorses the linked site.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information or service providers and users, are those of the respective author(s) or distributor(s) and not of kitedrive. You understand and acknowledge that kitedrive does not have any obligation to monitor for accuracy or reliability any content on the Services other than content actually originating from kitedrive. kitedrive has the right, but not the obligation, to monitor, modify and/or remove any Site Content and/or User Content in the Services, and may do either in its sole discretion. kitedrive is not responsible to you for any content or materials constituting all or part of any Site Content or User Content. kitedrive neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Services by anyone other than authorized kitedrive employees acting in their official capacities.
kitedrive may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Site Content and/or the Services, with or without providing you with notice. Upon kitedrive giving you notice, you shall promptly cease the use of and destroy, all copies of any specified Site Content, or otherwise modify your usage as directed by kitedrive. You agree that neither kitedrive nor the kitedrive Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Site Content.
Notices. kitedrive will give you any necessary notices by posting them on the website. You authorize kitedrive to send notices via electronic mail as well if kitedrive decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.
Disclaimer
THIS WEBSITE AND THE INFORMATION AND SERVICES WITHIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. kitedrive MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM kitedrive OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR IN A SEPARATE AGREEMENT PROVIDED BY kitedrive. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR OTHER COMPUTER CODE. kitedrive IS NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE CONTENT. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION.
UNDER NO CIRCUMSTANCES SHALL kitedrive BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES OR THE SITE CONTENT.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL kitedrive BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES CAUSED FROM THE USE OF THIS WEBSITE, OR ON ANY OTHER HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF kitedrive IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Remedies. To the extent that you have breached these Terms of Use, or kitedrive reasonably believes that you are likely to breach these Terms of Use in any manner which violates or may violate kitedrive’s Intellectual Property Rights, or may cause continuing or irreparable harm to kitedrive, kitedrive may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Nothing contained in this paragraph or elsewhere in these Terms of Use shall be construed to limit remedies or relief available pursuant to statutory or other claims that kitedrive may have under separate legal authority.
Indemnification. You agree to defend, indemnify and hold harmless kitedrive, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the website or your violation of the rights of others, these Terms of Use or any intellectual property or other right of any person or entity.
Modifications. Information on the website may be changed or updated without notice. kitedrive may also make improvements and/or changes in the products and/or services and/or programs described in this website at any time without notice.
U.S. Government Restricted Rights. All Site Content supplied by or through the Services are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of the proprietary rights of kitedrive and its suppliers in the Site Content and Services. In the event that any element of these Terms of Use is deemed inconsistent with the minimum rights identified in the FARS and DFARS Restricted Right provisions, the minimum rights shall prevail.
Compliance with Applicable Law. You agree to abide by all applicable United States and local laws with respect to your use of the Services. Without limiting the generality of the foregoing, you specifically agree to comply with all applicable export control laws and not to transfer, by any means, the Services or any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
General Provisions. If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. kitedrive’s failure to pursue any available claim or defense pursuant to these Terms of Use or otherwise will not be a waiver of such claim or defense. Any waiver of any provisions of these Terms of Use will be effective only if in writing signed by kitedrive. These Terms of Use will inure to the benefit of kitedrive and its successors and assigns. These Terms of Use are personal to you and you may not transfer, assign or delegate these Terms of Use to anyone without the express written permission of kitedrive. Any attempt by you to assign, transfer or delegate these Terms of Use without the express written permission of kitedrive shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use, and all matters relating to your access to and use of the Services, shall be governed by U.S. federal law or the laws of the State of California, without regard to its conflicts of law provisions. You expressly agree that the state and federal courts located in Santa Clara County, California, USA have exclusive jurisdiction over any claim or dispute with kitedrive or relating in any way to your use of the Services, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Entire Agreement. These Terms of Use and any other terms or documents referred to herein constitute the entire agreement between you and kitedrive with respect to the use of the Services and may only be superseded or amended by a separate written agreement signed by an authorized representative of kitedrive.
If you have any questions regarding these Terms and Conditions, please contact us at info@kitedrive.com.
