FULL USER AGREEMENT
The Kerndata.com Assessment Lookup Service ("the Service") consists of
services, information and other content provided by Kerndata.com.
This agreement and any operating rules published over the Service constitute
the entire agreement (collectively, the "Full User Agreement") between
Kerndata.com and User (defined as one who has registered with
Kerndata.com for the Service), with respect to the Service.
Upon notice published over the Service, Kerndata.com may modify
or supplement this User Agreement and may discontinue or revise any or
all other aspects of the Service (including access to support services,
publications and other products or services ancillary to the Service)
in its sole discretion and without prior notice. In particular, Kerndata.com specifically reserves the right in its sole discretion to
modify, supplement, delete, discontinue or remove any information or other
content appearing on or transmitted through the Service.
Subject to the terms of this User Agreement, Kerndata.com grants
to User a personal, non-exclusive, non-assignable and non-transferable
license to use and display all information included in the Service on
any machine(s) of which User is the primary user. User may not sublicense,
assign or transfer this license. Kerndata.com may, at its discretion,
revoke the license granted to User.
User shall be responsible for all use of the Service accessed through
User's account, as defined by User's cookie(s), password(s), or authentication
certificate(s), and hereby ratifies and guarantees any obligations entered
into or assumed by others who use the Service through User's account.
User acknowledges that (since the Service obtains data from public sources)
the Service deems the information to be accurate but does not guarantee
the accuracy of completeness of the information.
User expressly agrees that use of the Service is at User's sole risk.
Neither Kerndata.com nor any of its information providers, licensors,
suppliers, employees, agents, or Internet Service Providers that provide
access to the Service ("ISP's")
- (a) warrant that the Service will be uninterrupted or error free,
- (b) make any warranty as to the results to be obtained from use of
the Service,
- (c) shall be liable for any direct, indirect, incidental, special,
or consequential damages arising out of the use of the Service or inability
to use the Service or out of any breach of any warranty.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS USER AGREEMENT. USER AGREES THAT IT WILL NOT HOLD KERNDATA.COM RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE
ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING
THOSE WITH WHICH KERNDATA.COM CONTRACTS TO OPERATE VARIOUS AREAS
ON THE SERVICE).
Except as expressly permitted in this User Agreement, neither User nor
its designated users may reproduce, redistribute, retransmit, publish
or otherwise transfer, or commercially exploit, any information or other
content which they receive or access through the Service.
Kerndata.com reserves all copyrights and other rights in and
to any content available through the Service that is identified as, claimed
by Kerndata.com as, or known by User to be, proprietary to Kerndata.com (or its licensors or suppliers). The content on the Service
is protected under applicable copyright law, including as a collective
work. This User Agreement is made in the State of California, and shall
be governed by and construed in accordance with the laws of the United
States of America and of the State of California. Any cause of action
of User or its designated users with respect to the Service must be instituted
within one year after the claim or cause of action has arisen or be barred.
User agrees to indemnify and hold harmless Kerndata.com and
its employees and directors, information providers, licensors, suppliers,
agents, and ISP's against all claims, liabilities, damages, costs and
expenses, including but not limited to reasonable attorneys fees, arising
out of or related to any and all use of User's account. This includes,
without limitation, responsibility for all such consequences of User's
(or that of any user of User's account) violation of this User Agreement.
This User Agreement is for the benefit of Kerndata.com and its
employees and directors, information providers, licensors, suppliers,
agents, and ISP's; and each shall have the right to assert and enforce
such provisions directly on its own behalf.
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