PLEASE READ THESE TERMS AND CONDITIONS OF USE AS THEY AFFECT YOUR RIGHTS
Thank you for stopping by! We know this probably isn’t the most exciting page on the website but it’s super important so we want you to read it anyway. Why does it matter? Well, it affects how you can use this website and any related services. So please be sure to read and agree to everything before viewing or interacting with us or our website.
THE FOLLOWING “TERMS OF SERVICE AND CONDITIONS OF USE” (“Agreement”) GOVERN YOUR USE OF THE WEBSITE KMWLABS.COM (“Site”) MADE AVAILABLE BY KMW LABS INC, an IOWA Limited Liability Company AND ANY RELATED SITES AND SERVICES (TOGETHER “KMW LABS”). USE OF THIS WEBSITE, AS WELL AS BECOMING A CLIENT OF KMW LABS, OR ITS RESELLER, REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE AND ANY RELATED SERVICES, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, BECOMING A CLIENT OR RESELLER, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE AND IDENTITY INTRODUCTION
The KMW Labs Site and related services (together “Services”) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the site, whether or not they are a registered user of KMW Labs. Additional terms, including any Privacy Policies, Reseller Agreements, Purchase and Service Orders, Non-Disclosure Agreements, and other agreements, may apply to those utilizing KMW LABS Services, including those requirements that govern terms and conditions of payment.
Unless we say otherwise, your ability to view, use, or interact with these services is governed by this Agreement. “You” means the individual, company, or legal entity that viewing, interacting, using, or is a client of KMW LABS or its authorized resellers, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
By providing your information or contacting us, you are agreeing to receive emails, phone calls and text messages from our business.
OUR ELECTRONIC CONTRACT WITH YOU
This Agreement is the electronic contract between you and KMW LABS, and defines your relationship with us. Since the nature of the internet changes, we must constantly adapt our Site and Services. With that in mind, you understand and agree that the Services we offer are unique, therefore KMW LABS reserves the right to change this Agreement at any time, and the changes will take effect once they are posted on the Site. In plain English, you need to be aware that: (1) this Agreement is subject to change; (2) it is your responsibility to check for changes; and (3) your use of the Site or Services after it has changed means you accept the changes. If you do not agree with these terms, or any other terms you have been presented with, immediately discontinue use of the Site and Services and notify us of your decision.
NOW THAT YOU’RE HERE, WHAT CAN AND CAN’T YOU DO?
Accepted Use. By viewing, interacting, registering, linking to, using the Site and related Services, and/or becoming a client of KMW LABS or its Reseller’s, you represent that your use of the Site and related Services complies with, and will continue to comply with for the duration of this agreement, all of the provisions of this Agreement, and does not violate the rights of any person or any duty owed to any other party, and that it does not violate any applicable law. You also agree that you will be solely responsible for the authenticity and/or operation of information you provide, interaction with the site, or in connection with your use of any related services, as well as the accuracy and appropriateness of materials you provide or other websites you partner with. KMW LABS accepts no responsibility for monitoring individual websites, link partners, Reseller, third party websites, or the user profiles, interactions, or groups of related services. Although KMW LABS reserves the right to monitor certain activities, it has no obligation or responsibility to monitor, modify, or remove any inappropriate content, or for the conduct of content submitted to our Site or any other site.
Unauthorized Use. We have a strict no robot policy, meaning that in order to access or use this Site or any of our services you must be a human (no zombies either). No automated scripts, programs, scrapers, or bots. You also agree that you will NOT modify, reverse engineer, let others use your account, use our services for anything other than intended (in our discretion), adapt, hack, jack, or do something wiggidy wack like falsely imply a relationship with the KMW LABS’s Site, Services, or authorized resellers. KMW LABS reserves the right, in its sole discretion, to determine whether anyone has violated this Agreement. In addition to this, the following is a list of conduct, behavior, and content that you are prohibited from providing, linking to, or implying KMW LABS has any connection to, as determined by KMW LABS in its sole discretion, as well as your agreeing that:
You will not use, develop or distribute any automated software programs (bots), scripts, or other applications that are designed to modify, interact, or use the Site and/or Services;
You will abide by all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct (i.e. don’t be a jerkface);
You will not disrupt, attempt to, assist in, prohibit, or diminish any visitor or registered user’s experience or interaction with the Network, Site, or other related service;
You will not reproduce, modify, reverse engineer, disassemble, distribute, transmit, copy, or otherwise create any derivative works of any portion of the Site or Service;
You will not collect, or use any software to collect, the personal information of any kind, impersonate, or create a false identity for any reason, including for the purpose of misleading others;
You will not use, upload, transmit, provide, or distribute any content, images, links, websites, or photographs which you do not own or own the rights to;
You will not interfere with any Site, Service, third party site, or any computer connected to the Site or our Services;
You will not send, post, or request others to send or post, any unauthorized, unsolicited, or unwanted communications, including commercial messages (“spam”), junk mail, chain letters, mass mailing, instant messaging, phishing, or any other related conduct;
You will not post, request, link to, distribute or engage in conduct that is patently offensive;
You will not post, request, distribute or engage in conduct that is sexually explicit or that can be construed as obscene or pornographic;
You will not post, request, distribute or engage in conduct that is or promotes violence, terrorism, profanity, racial, bigotry, hatred, or otherwise objectionable content;
You will not post, request, distribute, or engage in conduct that concerns illegal substances or activities;
You will not post, request, distribute, or engage in conduct that furthers or promotes warez, cracking, phishing, phreaking, blackhat seo, or other similar activity;
You will not develop, post, link to, attempt to utilize KMW LABS services to link to, or distribute any material or websites that contain viruses or any other computer code, file, or program that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
You will not solicit any personal information from anyone under the age of 18;
You will not utilize our Site or Services for any blackhat SEO methods, as determined by KMW LABS;
You will not solicit the login information of any other user of the Site or related Services;
You will not use your personal profile, the Site, or Services for commercial gain (i.e. selling your account to others or placing links in your profile or on the site for pure optimization purposes); and
You will not engage in any other prohibited use or prohibited content that is determined by KMW LABS in its sole discretion;
You will not use or attempt to use another’s account, service or system without authorization from KMW LABS;
You will not maintain more than one user account per person or company without prior authorization from KMW LABS.
OWNERSHIP, COPYRIGHTS AND INFRINGEMENTS
Ownership Rights and Licenses. We love our Site and the Services we offer and we have invested a ton of time, money, and effort in providing awesome things for our clients and we get really upset when people steal our work. When we say “work”, we are including the copyrighted material, trademarks, and other proprietary information of KMW LABS and its licensors. Notwithstanding anything in the public domain, or that we gave you express written permission to use, you may NOT copy, distribute, modify, publish, display, sell, barter, exchange, resell, maim, or otherwise redistribute any of our copyrighted material, trademarks, or proprietary information. If you do, you can be sure our lawyers will be in touch with you (and not in a good way). By using or interacting with the Site you agree to provide KMW LABS with a limited license for the use of any information or content you provide.
Infringement Claims. In the event of a claim that your use or participation with the Site or Services, in accordance with the terms of this Agreement, infringes any proprietary right of any third party, KMW LABS shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes noninfringing, or (c) terminate your participation and rights granted herein.
In addition, the Digital Media Copyrights Act (DMCA) provides copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
KMW LABS’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Lamson Dugan & Murray
10306 Regency Parkway Drive
Omaha, NE 68114
WARRANTIES AND LIMITATIONS OF DAMAGES/LIABILITY
THE SITE, NETWORK, OR OTHER OPERATION OF KMW LABS AND ITS SITE AND SERVICES (COLLECTIVELY “KMW LABS”), ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. KMW LABS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE NETWORK, SITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE NETWORK, AND IN NO EVENT SHALL KMW LABS, ITS RESELLERS, OR ADVERTISERS BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE NETWORK, SITE, DATA, UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF KMW LABS OR RESELLER, OR THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE AND SERVICES, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, SERVICE, OR RELATED OFFERS, PROGRAMS, SITE, DATA AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KMW LABS AND/OR RESELLER, OR THIRD PARTY LINK PARTNER HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR ADVERTISERS UNDERLYING PRODUCTS OR SERVICES AND KMW LABS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE SITE, SERVICES, OR PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND KMW LABS. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. KMW LABS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KMW LABS OR ADVERTISER, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KMW LABS AND/OR RESELLERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
THINGS YOU MAY FIND INTERESTING
Jurisdiction, Choice of Law, and Disputes. This Site and the related services can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has many different laws, by accessing this Site and related Services you agree that interpretation of this Agreement, as well as any disputes related to it, will be construed and governed by the laws of the State of Iowa, without regard to its conflict of laws principles. In addition, you consent to jurisdiction and venue in the State and Federal Courts of the State of Iowa, Maricopa County, for the resolution of any such dispute. The prevailing party in any such dispute will be entitled to attorneys’ fees, costs, and other remedies at law.
Indemnification. You agree to fully defend, indemnify, including reasonable attorneys’ fees and costs for claims, threats, or disputes arising out of, or related to your use or participation in, the Site and/or Services, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the Site/Services; (3) allegations concerning intellectual property infringement; (4) breach of any of your warranties, representation and hold KMW LABS, its subsidiaries, Advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses.
Modification. Your continued use of the Site and/or Services must be in full accordance with this Agreement and any modifications to it by KMW LABS. KMW LABS reserves the right to make changes to the Site, Services, and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorized User and you must notify KMW LABS immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
Relationship of Parties. KMW LABS, and any developers, Resellers, or operators of applications will be and shall act as independent contractors, and no party is authorized to act as or shall be an agent or partner of, or joint venturer with, the other party for any purpose, unless otherwise authorized by KMW LABS in writing in a separate agreement. Neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
Final Words. We may provide advice, but this not intended to replace or substitute any other professional, legal, medical, financial, zoological, or other advice. In other words, we aren’t responsible for you or others reliance on information posted on our Site, through our Services, or transmitted by any Reseller or third party. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No express or implied waiver by either party of any event of default hereunder shall in any way be, or be construed as, a waiver of any future or subsequent event of default. The respective rights and obligations of the parties shall survive the termination of this Agreement. The parties acknowledge that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof, and that this Agreement supersedes any and all prior and contemporaneous communications, whether oral or written. The parties also agree that KMW LABS may amend or modify this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall be taken together and constitute one and the same instrument.