KerberTech

KERBERTECH WEBSITE TERMS OF USE

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY. If you do not agree to these Terms of Use do not access any portion of this Website.

WEBSITE CONTENT. All information and content (collectively the "Content") available on the Website www.KerberTech.com ("Website") is owned or licensed by Kerber Technology Solutions, LLC ("KerberTech") and is protected by intellectual property laws, including copyright. You may use the Website and Content under the following Terms of Use. Except as stated herein, you may not copy, reproduce, distribute, republish, download, upload, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of KerberTech. KerberTech reserves right to deny you access to the Website and/or pursue legal action against you for any violation of these Terms of Use.

WEBSITE ACCESS. Access to portions of the Website requires a username and password. You shall only access these portions of the Website using your own unique username and password. Your password is confidential. You must not provide your password to any third party and you must not allow any third party to utilize your password to access the Website. You are responsible for, and shall indemnify and hold harmless KerberTech, its officers, employees and agents from, any claim arising from or otherwise related to your access to the Website, access to the Website using your username or password, your violation of this Terms of Use or your infringement of third party intellectual property. You acknowledge KerberTech may modify, limit or terminate your access to the Website at any time for any reason, or for no reason, with or without notice to you. KerberTech does not guarantee uninterrupted access to, or functionality of, the Website.

OWNERSHIP. All Content downloaded and/or used by you pursuant to these Terms of Use are merely licensed to you in accordance therewith. No right, title, interest or any intellectual property right in any Content shall transfer to you from KerberTech by virtue of these Terms of Use or your use of the Website.

LIMITATION OF LIABILITY. KerberTech has no control over the material you post to, or use in conjunction with, the Website. You are also solely responsible for all material you submit to the Website.

IN NO EVENT SHALL KERBERTECH, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, OR THE DESTRUCTION OR UNAUTHORIZED ACCESS TO KERBERTECH RECORDS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF KERBERTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. KERBERTECH'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO KERBERTECH IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE LIABILITY.

DISCLAIMER. YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT IS PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT KERBERTECH MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE CONTENT. KERBERTECH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED RELATING TO THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME, ACCESSIBILITY OR ACCURACY. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) KERBERTECH DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE CONTENT; AND (3) KERBERTECH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING MALWARE. YOUR ONLY RECOURSE IS TO DELETE ANY CONTENT IN YOUR POSSESSION AND TO STOP USING THE WEBSITE.

CHANGES. KerberTech may periodically modify the Content. KerberTech reserves the right to implement such changes, at any time without notice to you.

TRANSMISSIONS. You hereby transfer to KerberTech all right title and interest, including the copyright, in all transmissions including, but not limited to all suggestions and ideas, submitted by you to KerberTech through this Website ("Transmissions"). Accordingly, KerberTech shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.

TRADEMARKS. All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the KerberTech trademark, and all other unique colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of KerberTech. Absent prior written consent from an officer of KerberTech, you may not copy, imitate or use any portion of the Marks. Unless specifically indicated in writing to the contrary, no reference in this website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply KerberTech endorsement or sponsorship thereof.

GOVERNING LAW. This Terms of Use shall be governed in accordance with the laws of the State of Iowa. All disputes under this Terms of Use shall be resolved by litigation in the courts of the State of Iowa, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

IMPERMISSIBLE ACTIVITY. You must not use the Website or the KerberTech server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) subjects the Website to a disproportionate traffic load (8) is defamatory or libelous; (9) contains a virus, surreptitious code, a scraper, a bot or any other automated code; or (10) contains any type of commercial component or advertising. You shall not publish any portion of the Website or Information publically or for a commercial purpose. You shall not probe for, or attempt to exploit, any security vulnerability of the Website. You shall not attempt to circumvent any authorization or security aspects of the Website. You shall not attempt to overload the system in any manner, including, but not limited to a denial of service attack. Any attempt to assign or otherwise transfer you rights under this Terms of Use shall constitute a material breach thereof.

PERSONALLY IDENTIFIABLE INFORMATION. Submission to KerberTech through this Website of personally identifiable information via secure socket layer (SSL) ("PII") is strictly voluntary. KerberTech uses such PII solely for internal purposes. KerberTech will not share such PII provided by you through this Website with any nonaffiliated companies except in furtherance of providing you goods or services that you have specifically requested.

By submitting your PII to KerberTech you hereby consent to KerberTech collection and use of such PII in accordance with KerberTech then current Privacy Statement.

Your PII is subject to KerberTech Privacy Statement. By using this Website, you agree to review the Privacy Statement, and be bound by its terms and conditions. From time to time, KerberTech may change its Privacy Statement without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.

KerberTech does not knowingly collect data directly from anyone under 13 years of age. By submitting information to KerberTech through this Website, you are representing that you are at least 14 years of age. If you believe KerberTech has inadvertently collected any such data, please contact our website administrator at webmaster@KerberTech.com for information regarding removal of any such data from our files. KerberTech reserves the right to limit certain promotions to those at least 18 years of age.

CHANGING PERSONAL INFORMATION. If your PII changes (such as your zip code), or if you no longer desire our services, we will endeavor to provide a way to correct, update or remove your personal data from our files. This can be done by e-mailing our webmaster at webmaster@KerberTech.com.

OPT-IN/OPT-OUT. You have the option to 'opt-out' of having your information used for purposes not directly related to our website at the point where we ask for the information.

If you no longer wish to receive our special offers or promotional materials from KerberTech or its partners, you may opt-out of receiving these communications by replying to unsubscribe in the subject line in the e-mail, or e-mail us at webmaster@KerberTech.com. KerberTech will, within a commercially reasonable period of time, remove your information from databases used to provide you with such special offers and promotional materials.

HYPERLINKS. The Website includes links to other websites wholly independent of KerberTech and the Website. KerberTech makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. KerberTech does not endorse, sponsor or guarantee such third party websites. You agree not to hold KerberTech responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.

COOKIES. A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any PII while on our website. Once you close your browser, temporary cookies simply terminate. Other cookies may be persistent cookies that remain after you close your browser. Persistent cookies are used to notify KerberTech of preferences next time you use the Website. For instance, by setting a cookie on our website, you would not have to log in a password more than once, thereby saving time while on our website. If you reject the cookie, you may still use our website. The only drawback to this is that you will be limited in some areas of our website. Cookies can also enable us to track and target your interests to enhance your experience on our website.

Some of our business partners may use cookies on our website (for example, advertisers). However, we have no access to or control over these cookies.

NOTICE OF COPYRIGHT INFRINGEMENT. KerberTech respects the copyright of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), KerberTech has designated an agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to this web site. If you believe the Website or any Information contained thereon infringes your copyrighted work, and wish for the infringing material to be removed from the Website in accordance with the DMCA take down provisions, you must submit a DMCA complaint notice to the following designated agent:

Web Site Content Provider: KerberTech.
Designated Agent for Receipt of Infringement Notification: Brett J. Trout, Esq.
Designated Agent's Address: 516 Walnut, Des Moines, Iowa 50309

Designated Agent's Telephone Number: 515-288-9263
Designated Agent's Facsimile Number: 515-280-7114
Designated Agent's E-mail Address: Trout@BrettTrout.com

A DMCA complaint notice must include the information designated in 17 U.S.C. 512(c)(3):

  1. A signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted works or a representative list of such works;
  3. Identification of the material that is claimed to be infringing sufficient to permit the ISP to locate the material;
  4. Contact information for the complaining party (the party providing the notification letter);
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity shall be liable for damages, including costs and attorneys' fees incurred by the alleged infringer.

A DMCA counter notice must be a written communication to the foregoing Designated Agent and must include the information designated in 17 U.S.C. 512(g)(3):

  1. A signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which KerberTech may be found, and that the subscriber will accept service of process from the person who provided notification under subsection 17 U.S.C. Section 512(c)(1)(C) or an agent of such person.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification shall be liable for damages, including costs and attorneys' fees incurred by the alleged infringer.

You hereby acknowledge that in if you do not comply with all of the foregoing requirements of this section, your DMCA take down notice or counter notice may not be valid.

TERMINATION. Either you or KerberTech may terminate this Terms of Use at any time. You may terminate this Terms of Use by destroying all materials obtained from this Website. KerberTech may terminate this Terms of Use immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

GENERAL. If any provision of this Terms of Use is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Terms of Use shall be enforceable in accordance with its terms. Notwithstanding any provisions of KerberTech Privacy Policy, KerberTech reserves the right to report any activity associated with the Website which it believes violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations. KerberTech may modify these Terms of Use at any time, without notice to you by updating this posting. Your use of the Website subsequent to such changes shall constitute your acceptance of, and agreement to, such revised terms. Certain portions of the Website may contain additional features governed by terms in addition to those contained within this Terms of Use. In the event such additional terms conflict with the terms of this Terms of Use, such additional terms shall control.