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Terms of Use

© COPYRIGHT 2013 karmadata, Inc. (the “Company”) ALL RIGHTS RESERVED.

Last Updated on January 12, 2013

These Terms of Use ("Terms" or the “Agreement”) govern our relationship with users and others who interact with the Company. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE KARMADATA SERVICE (AS DEFINED BELOW) AS IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND GOVERNS YOUR ACCESS TO AND USE OF THE SITE (AS DEFINED BELOW) AND THE KARMADATA SERVICE. By using or accessing the Site and/or the karmadata Service, you agree to all of these Terms without modification. BY ACCESSING OR USING THE SITE AND/OR THE KARMADATA SERVICE IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY (“THE PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS WITHOUT MODIFICATION, YOU ARE NOT AUTHORIZED TO USE THE SITE OR THE KARMADATA SERVICE, AND ACCORDINGLY, PLEASE DO NOT USE THE SITE OR THE KARMADATA SERVICE AND EXIT NOW.

DEFINITIONS

  1. By "karmadata Service" we mean the features and services we make available, including through  our website at www.karamadata.com and any other karmadata-branded or co-branded websites (including sub-domains, international versions, and mobile versions) (collectively, the “Site”).
  2. By "us," "we" and "our" we mean the Company and/or its affiliates.
  3. By “you” we mean the end user of the karmadata Service, which, (i) if you are an individual end user, is you , or (ii) if you are using the karmadata Service on behalf of an entity (e.g., your employer), is you and such entity, and you represent and warrant that you have the authority to bind such entity.
  4. By "post" we mean post, upload or otherwise submit to the Company, whether through the karmadata Service or otherwise.
  5. By “kdOutput” we mean the datacards, lists, search results, charts, benchmarks, rankings, trends, themes, summary data tables , or any other such output created by you, the Company or another user utilizing the karmadata Service in any format.  kdOutput does not include any raw data underlying any of the foregoing.
  6. By “Content” we mean all text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials, excluding kdOutput.

A. CONTENT AVAILABLE ON THE KARMADATA SERVICE. The karmadata Service contains a wide variety of Content (defined below), whether (i) proprietary to us, or (ii) proprietary to third parties, such as Content posted on the karmadata Service by registered users (“Registered User Content”), or Content proprietary to our commercial partners. You understand that we do not control the Content posted by registered users or other third parties on the karmadata Service (including the content of any comments, messages, reviews, or recommendations), and do not guarantee the accuracy, safety, integrity or quality of such Content.

B. PROPRIETARY RIGHTS; LICENSES; RESTRICTIONS.

  1. As between you and us, the karmadata Service, including, but not limited to, the layout and look and feel of the karmadata Service, all Raw Data (as defined below), as well as all Content (excluding Your Content), kdOutput and Trademarks (as defined below) (all of the foregoing, collectively, the "Materials"), are owned by us or our licensors, and are protected by copyright, trademark and/or other intellectual property laws. All trademarks and service marks, logos, slogans and taglines displayed on the karmadata Service (“Trademarks”) are the property of the Company and/or its licensors. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any Trademarks without our express written permission. 
  2. Except as otherwise specifically provided herein, the Materials on the karmadata Service may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without our prior consent. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or without our prior consent is expressly prohibited.
  3. Subject to this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive right and license (without the right to sublicense) to access and use the Materials other than Raw Data solely (a) if you are an individual, for your personal, noncommercial purposes, or (b) if you are an entity, your internal business purposes, expressly excluding providing a copy of any Materials to any third party for commercial purposes. In connection with such right, you may print a single copy of your kdOutput.  The license granted herein does not permit you to, and you agree not to,: (a) modify, translate, reverse engineer, disassemble, scrape (including, without limitation, through the direct or indirect use of wizards, agents, bots, or other utilities), decompile, decipher (or otherwise attempt to derive the source code for any underlying intellectual property) or create derivative works of the Materials or allow a third party, whether directly or indirectly, to do any of the foregoing; (b) sublicense, transfer, sell, lease, rent, disclose or provide access to the karmadata Service or the Materials to any third party or use the karmadata Service or the Materials to provide service bureau, time sharing or other services or products to third parties; (c) remove any copyright, trademark, patent, or other notices contained in the karmadata Service or any Materials (d) utilize, disclose or reproduce any Materials  to create or provide any service that is competitive, in the Company’s sole discretion, with the karmadata Service. Notwithstanding the above, users are permitted to share kdOutput on certain social networking sites (i.e. Facebook, Twitter etc.) selected by the Company using interactive plug-ins provided by the Company through the karmadata Service.  
  4. Subject to all of the terms of this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive right and license (without the right to sublicense) to incorporate kdOutput in disclosures to third parties as a part of your normal course of business, provided that (i) in no circumstances are you authorized to resell or disclose any such kdOutput or any part of such kdOutput as a stand-alone deliverable; and (ii) in no circumstances are you authorized to utilize, disclose or copy any kdOutput to provide any services that are competitive, in the Company’s sole discretion, with the karmadata Service. Your disclosure of such kdOutput or any part of such kdOutput must include (i) any copyright, trademark, patent, or other notices provided by the Company; and (ii) a citation in substantially the following form: “Certain data used herein was supplied by karmadata, Inc. d.b.a. karmadata. Any analysis, interpretation, or conclusion based on these data is solely that of the authors, and not karmadata. SUCH DATA IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ”
  5. If you have a Plus account and the Company has specifically granted you with download access to certain raw data that is used by the Company in providing the kdOutput capabilities of the karmadata Service (“Raw Data”), the Company hereby grants you a limited, revocable, nonexclusive, nontransferable right and license (without the right to sublicense) to download and use the Raw Data solely for your internal business purposes in creating analyses and aggregate statistics (collectively, “Analyses”).  In no event may you provide any Raw Data to any third party except for as incorporated into Analyses.  You acknowledge that the Raw Data includes data from publicly available sources and the Company shall not be responsible for its accuracy or completeness.  All Raw Data is provided “AS IS” without warranty of any kind.  You shall not directly or indirectly (a) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code or trade secrets underlying any technologies (except and only to the extent these restrictions are expressly prohibited by applicable statutory law) used to provide the Raw Data or (b) transfer, distribute or use the Raw Data in any service bureau arrangement or otherwise for the benefit of any third party.  Upon termination of your download access to the Raw Data, you must delete all Raw Data from your systems and certify to the Company such deletion, return all copies of the Raw Data to the Company and immediately cease use of all Raw Data except to the extent previously incorporated into Analyses.
  6. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Materials, the karmadata Service and all related items, including any and all copies made of the Site.
  7. You understand that many of the Materials are provided by third parties.  Under no circumstances will we be liable in any way for any Materials, including any errors or omissions in any Materials or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Materials. You agree that you must evaluate and bear all risks associated with the use of the Materials, including any reliance on the Materials, integrity, and accuracy of the Materials.

C. SHARING YOUR CONTENT AND INFORMATION.

  1. As between you and the Company, you own the Content that you post on the karmadata Service (“Your Content”). You acknowledge that the Company’s continued ability to provide the karmadata Service depends on the continued availability of all Content (including Your Content) and, accordingly, you hereby grant and agree to grant to the Company a nonexclusive, transferable, perpetual, irrevocable, worldwide, fully paid up and royalty-free right and license (with the right to sublicense) to use, reproduce, create derivative works of, modify, display, perform, distribute and otherwise exploit Your Content in connection with the karmadata Service and for its general business purposes, without any consent, notice and/or compensation to you or to any third parties. Please be advised that even if you terminate your account, Your Content remains stored by our servers, and has previously been backed up and archived by our backup servers, and therefore the rights granted by you as set forth above shall survive termination of your account.  We have no obligation to delete or return to you any of Your Content.  Please keep this in mind and think carefully before posting any of Your Content.  For avoidance of doubt, the Company has no obligation to store, maintain or provide you a copy of any of Your Content.  In addition, we may (at our option) remove any of Your Content at any time, including, without limitation, if we believe that Your Content violates these Terms.
  2. By providing Your Content to us, you represent and warrant that you are entitled to submit Your Content, that Your Content is accurate, that karmadata may exercise the license granted to it above without conflict with any third party rights (including, without limitation, intellectual property rights and contractual restrictions, and that Your Content does not violate any applicable laws. It is your responsibility to keep Your Content accurate and up to date.
  3. Please note that ideas you post, information you post, the kdOutput you create using the karmadata Service and your account activity on the karmadata Service will be seen and possibly used and commented on by other users.  Other users will have the ability to follow and comment on your activity and publish any kdOutput created and or identifiable to you to various social networking sites (such as Facebook and Twitter).  The Company therefore cannot guarantee that other users will not use or further disclose Your Content and/or the ideas and information that you share on the karmadata Service. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the karmadata Service. KARMADATA IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY OF YOUR CONTENT.

D. FEES AND PAYMENT TERMS.  The Company offers both free and paid versions (e.g.,  karmadata Premium and karmadata Plus) of the karmadata Service.  The availability of certain Content and other Materials, and the features and functionality of the karmadata Service depends on the version of the karmadata Service you are using.  The fees for the paid versions are provided either in the fees section of the Site or in a separate quotation or agreement between you and the Company.  The following terms apply to the paid versions unless otherwise agreed between you and the Company in writing:

  1. You may elect to pay on a month to month basis or on a yearly basis (there is a cost savings in choosing the yearly plan).  Your account will auto-renew for successive periods equal to the period that you have selected unless you or the Company provides notice of nonrenewal at least 30 days prior to the end of the then-current period.
  2. The Company may change fees for any future period at any time.  If you disagree with any such changes, you will have the option to terminate your account prior to the effective date of the change.
  3. All payments will be made by credit card through Braintree Payment Processors or another third party payment processor chosen by the Company (the “Payment Processor”).  When making payments, you will remain in the karmadata Service, however, your payment information will be securely transferred to the Payment Processor.  The company will not at any time receive or store any credit card information.
  4. Unless otherwise expressly provided in these Terms, if your account is terminated prior to the end of the then-current term, you will not be entitled to a refund.  If you provide company with notice of termination prior to the end of any period for which you have paid, your account will remain active through the end of that period unless you otherwise request.

E. SAFETY. In order to help keep the karmadata Service safe, you agree to the following commitments:

  1. You will not send or otherwise post unsolicited or unauthorized commercial communications to users (such as unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation).
  2. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication through the karmadata Service.
  3. You will not collect other users' information, or otherwise access the karmadata Service, using automated means (such as harvesting,  bots, robots, spiders, or scrapers) without our permission.
  4. You will not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the karmadata Service or any user of the karmadata Service.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user, including sending unwelcomed communications using the karmadata Service .
  7. You will not post, transmit or otherwise make available any Content that is unlawful, hateful, threatening, pornographic, libelous, abusive or discriminatory, or that contains nudity or graphic or gratuitous violence.
  8. You will not use the karmadata Service to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not facilitate or encourage any violations of this Agreement.

F. REGISTRATION AND ACCOUNT SECURITY. You agree to make the following commitments relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on the karmadata Service, or create an account for anyone other than yourself without permission.
  2. You will not upload a profile image that is not your likeness or a head-shot photo.
  3. You will not create an account for anyone who is not a natural person.
  4. You will not use the karmadata Service if you are under 13.
  5. You will not use the karmadata Service if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without first getting our express written permission.
  9. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by the karmadata Service or the Company unless you have entered into such a written agreement with the Company.
  10. You will not attempt to or actually access the karmadata Service by any means other than through the interfaces provided by the karmadata Service. This prohibition includes (without limitation) accessing or attempting to access the karmadata Service using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
  11. You will not attempt to or actually override any security component included in or underlying the karmadata Service.
  12. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the karmadata Service’s infrastructure, including, but not limited to, sending unsolicited communications to other users or the Company personnel, or attempting to gain unauthorized access to the karmadata Service.

G. RESPECTING THE RIGHTS OF OTHERS. You are solely responsible for your interactions with other users. The Company may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through use of the karmadata Service or otherwise limit your use of the karmadata Service. We reserve the right at our discretion, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account. You agree to the following:

  1. You will not post Content or take any action on the karmadata Service that infringes someone else's rights or otherwise violates the law.
  2. You will not circumvent, disable or otherwise interfere with security-related features of the karmadata Service that prevent or restrict the use or copying of any Materials and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Materials appearing on the karmadata Service or contained in a file that is uploaded to the karmadata Service.
  3. Except as otherwise specifically provided herein, you will not use our copyrights or trademarks without our written permission.
  4. You will not post, upload or otherwise make available the personally identifiable non-public personal information of others. For the avoidance of doubt, “personally identifiable non-public information” includes information which can be used to distinguish or trace an individual's identity either alone or when combined with other information that is linkable to a specific individual.  In addition, you will make no attempt to deaggregate or decompile any database provided by the karmadata Service.
  5. You will not remove, cover to or obscure any form of advertisement included in the karmadata Service.
  6. You will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site.

  1. If you infringe other people's intellectual property rights, we will have the right to disable your account.

H. VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, create derivative works of, display, perform, distribute and otherwise exploit such Comments as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.

I. COPYRIGHT COMPLAINT POLICY. If you believe that any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Compliant Policy  for further information.

J. LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT. The karmadata Service may contain links to other web sites owned by third parties, including sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the karmadata Service. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. We encourage you to read the privacy policies of any third party website before providing any information.

K. ERRORS AND ACCESS TO SITE. The karmadata Service contains databases created and maintained by various sources. The information on the karmadata Service may contain typographical errors, other errors and/or inaccuracies. The Company has no obligation to correct any errors or other inaccuracies contained in the Materials. You understand and acknowledge that we may interrupt the access to the karmadata Service for normal and customary maintenance, updates and or upgrades, if any, and at other times deemed necessary by us. The inability for users to access the karmadata Service during such periods is to be expected.

L. DISCLAIMER OF WARRANTY. ACCESS TO THE KARMADATA SERVICE, INCLUDING ALL MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE KARMADATA SERVICE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE KARMADATA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, CAN OR WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF AND RELIANCE UPON THE KARMADATA SERVICE (INCLUDING ALL MATERIALS) IS AT YOUR SOLE RISK.

M. LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, AND BUSINESS INTERRUPTION) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE KARMADATA SERVICE, THE SITE AND/OR THE MATERIALS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU RELATING TO THE KARMADATA SERVICE EXCEED, IN THE AGGREGATE, (i) IF YOU ARE USING THE FREE VERSION OF THE KARMADATA SERVICE, $50.00, OR (ii) IF YOU ARE USING ANY PAID VERSION OF THE KARMADATA SERVICE, THE AMOUNTS PAID BY YOU TO KARMADATA IN THE TWELEVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE MOST RECENT CAUSE OF ACTION.  

N. EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE KARMADATA SERVICE, THE SERVICES OR THE MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE KARMADATA SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS (i) TERMINATE YOUR ACCOUNT AND (ii) IF YOU ARE USING A PAID VERSION, TO RECEIVE A REFUND OF ANY PRE-PAID AMOUNTS ATTRIBUTABLE TO THE PERIOD AFTER TERMINATION. 

O. TERMINATION. We may terminate your access to, or suspend or discontinue, the karmadata Service, partially or entirely, at any time in our sole discretion.  Notwithstanding the foregoing, if you have a paid account (i) we may not terminate your access to the karmadata Service for any period in which you have previously paid for the karmadata Service unless you have breached any of these Terms, (ii) if we suspend or discontinue the karmadata Service, we will refund to you any pre-paid fees for any period in which you were unable to use the karmadata Service and we will have no further liability to you and (iii) if the Company makes any changes to the karmadata Service that materially affect your ability to use the Service, you may terminate your account, and the Company will have no further liability to you other than to refund to you any pre-paid fees attributable to the period after termination.  

P. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend the Company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) the use of the karmadata Service (including all Materials) by you or anyone utilizing your account and/or (ii) Your Content. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

Q. AMENDMENTS. We may modify, amend or supplement these Terms (each, a “Revision”) at any time in our sole discretion.  In such event, we will provide you with notice (which may be via email or through the karmadata Service), and such Revisions will apply only after the date of such notice.  If you do not agree to such Revisions, you may terminate your account within 30 days after your receipt of such notice, in which case the Revisions will not apply to you.

R. DISPUTES. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the COMMONWEALTH OF MASSACHUSETTS without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Boston, Massachusetts, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.               

S. PRIVACY. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions about what information you post on the karmadata Service or otherwise share with us. Please also note that Your Content may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part and that the information you submit will be processed in accordance with our Privacy Policy.  

T. OTHER.

  1. You acknowledge that a violation or attempted violation of any of these Terms of Use are likely to cause such damage to the Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
  2. These Terms make up the entire agreement between the parties regarding the karmadata Service, and supersedes any prior agreements.
  3. If any portion of these Terms is found to be unenforceable, such portion will be limited or eliminated to the minimum extent necessary such that the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of these Terms, it will not be considered a waiver.
  5. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
  7. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. These Terms do not confer any third party beneficiary rights.
  9. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.     

 

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