Terms of Service for www.kbrg.co

Introduction

Welcome to www.kbrg.co. This website is owned and operated by KBRG, LLC. By visiting our website and accessing the information, reports, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'). 

This agreement is in effect as of Jan 1, 2018. 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. 

Responsible Use and Conduct 

By visiting our website and accessing the information, reports, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 


Wherein, you understand that: 

1. Grant of Limited License for Use of the Resources - KBRG hereby Grants User a nonexclusive, nontransferable, revocable, limited license to access, download and use the Resources solely subject to the terms and conditions set forth herein.  This license is strictly limited to a license to electronically download, use and display the Resources retrieved from this site for User's internal business purposes only.  Any rights not expressly granted herein are reserved by KBRG and/or KBRG's licensor(s).

2. Use Restrictions and Prohibited Conduct - User is strictly prohibited from: (a) selling, supplying, renting, leasing, loaning, sublicensing or otherwise making the Resources available to a third party; (b) bulk downloading any Resources from this site and integrating it with internal information systems, including, without limitation, Custom Relationship Management (CRM) systems, Enterprise Resource Planning (ERP) systems, an any sales or competitive type databases; (c) storing the Resources in any archival or retrieval system (whether electronic or non-electronic) that is indexed or searchable, except that User shall be permitted to retain copies of any reports, summaries, analyses, notes or extracts prepared by User that are based on or contain portions of the Resources; (d) decompiling, reverse engineering, disassembling, or creating derivative works from the Resources; (e) using or otherwise exporting or re-exporting the Resources in violation of the export control laws and regulations of the United States; (f) using the Resources in a manner that infringes the copyrights or other intellectual property or proprietary rights of any third party; (g) accessing and using the Resources for unlawful purposes; and/or (h) posting any of the Resources on any web site or in a networked computer environment.

3. Confidentiality - User may have access to private and confidential information owned or controlled by KBRG, includingtheconfidentialandproprietary information and materials referenced in the herein, as well as information relating to KBRG's data, best practices, methodology, algorithms, programs, software, security keys, specifications, drawings, business information, pricing and other data, as well as the existence of any dispute between the parties. Similarly, KBRG and its employees and agents may have access to private and confidential information owned or controlled by User relating to technical or business information of a proprietary nature or relating to User's business operations. All such KBRG information and User information shall be "Confidential Information". The Confidential Information acquired by either party under this User Agreement shall be and remain the disclosing party’s exclusive property, and the receiving party shall keep, and its employees and agents shall not copy or disclose such Confidential Information to others without the disclosing party’s prior written approval, shall return all tangible copies of such Confidential Information to the disclosing party promptly upon request, and shall destroy all electronic copies promptly upon request. The Confidential Information of the disclosing party may be used by the receiving party only relating to the Resources. Nothing herein shall limit either party's use or dissemination of information which (a) is at the time of disclosure, or thereafter becomes, a part of the public domain through no act or omission of the other party, its employees or agents; or (b) was in the other party's possession as shown by written records prior to the disclosure and had not been obtained either directly or indirectly from another party under an obligation not to disclose such information; (c) is hereafter disclosed to the other party by a third party who did not acquire the information directly or indirectly from the disclosing party hereunder; (d) was independently developed by the other party without use of the Confidential Information, as evidenced by written records; or (e) is required by law, regulation or auditing standards to be disclosed, but only to the extent and for the purposes of such required disclosure. Nothing obligates KBRG to divulge to User any information for or related to which KBRG has previously undertaken an obligation of confidentiality for the benefit of any party other than the User.

4. Proprietary Rights - All rights, title and interest in and to the Resources, including but not limited to any copyrights, trademark rights, and other intellectual property rights therein are the property of KBRG, KBRG's licensors and/or third parties.     User must retain all copyright and other proprietary notices contained in any of the Resources retrieved or any copy User makes of the Resources.

5. KBRG Resources Data Gathering and Future Use - To the extent User participates in any KBRG Resource data collection and to the extent information provided by User to KBRG relatesto such participation (“User Information”), then KBRG shall be permitted to use and publish User Information in its Resources as now or in the future conducted, which may include the aggregated results of the data and analysis, and the Resources generated in connection with the User Information for its own business, provided KBRG shall not publish User Information in the Resources in a way that identifies User.

6. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. 

7. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. 

8. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. 

9. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. 

10. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. 

11. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. 

12. You agree to indemnify and hold harmless KBRG, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. 

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from KBRG, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. KBRG, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. 

Copyrights/Trademarks

All content and materials available on www.kbrg.co, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of KBRG, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by KBRG, LLC. 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. 

Governing Law

This website is controlled by KBRG, LLC from our offices located in the Commonwealth of Massachusetts ("MA"), USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of MA, by accessing our website, you agree that the statutes and laws of MA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in MA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

Guarantee

UNLESS OTHERWISE EXPRESSED, KBRG, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

KBRG, LLC
56 Depot St. #1617
Duxbury, MA 02331
USA