Terms of Service
Please review the terms of the Agreement carefully. If you do not agree to the terms of the Agreement in their entirety, you are not authorized to use Kontexto and/or Kontexto Offerings (as defined below) in any manner or form.
1. Scope of Agreement
The Agreement constitutes the entire and only agreement between you and Kontexto with respect to your use of Kontexto and/or Kontexto Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to Kontexto and/or Kontexto Offerings. The Agreement does not govern your use of Kontexto Services. Separate agreements, such as the Kontexto Master Services Agreement, Kontexto End User License Agreement ("EULA"), Kontexto Scope, Order Form and Credit Card Authorization (collectively, "Services Agreements"), govern your use of each of Kontexto Services. Your use of the services constitute acceptance of the Kontexto terms of the EULA and MSA as applicable. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or Site Offerings shall be subject to the Agreement.
2. Modification of Agreement
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes arising prior to the applicable amendment or modification. The latest Agreement will be posted on the Kontexto website, and you should review the Agreement prior to using Kontexto. By your continued use of Kontexto, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check these Terms and Conditions for updates and/or changes.
Kontexto is available only to authorized representatives of valid legal entities and/or individuals who can enter into legally binding contracts under applicable law. Kontexto is not intended for use by non-valid legal entities or individuals under the age of eighteen (18) or the applicable age of majority, if greater than eighteen (18) years of age.
4. Description of Kontexto Offerings
The Kontexto website contains: (a) general descriptions of Kontexto’s software, platforms, technology and communications services including, without limitation, the Software (as defined in the EULA) (collectively, the "Kontexto Services"); (b) links to Kontexto's customer support features for clients utilizing the Services; (c) links to Kontexto social media pages; and (d) contact information/methods that provide end-user visitors with the means to: (i) contact Kontexto regarding the Services; and (ii) request access to the Kontexto Services (collectively, the "Kontexto Offerings"). In order to submit a contact form and/or request more information on any applicable Software and/or Kontexto Services, you must submit some or all of the following information: (A) first and last name; (B) e-mail address; (C) telephone number; (D) company name (if applicable); (E) company size (if applicable); (F) any comments that you wish to submit; and (G) any and all other information requested on the applicable form (collectively, "Registration Data"). Upon entering your Registration Data and clicking on the applicable submission button on the Kontexto site , you may be contacted by Kontexto personnel regarding your request.
You understand and agree that Kontexto is not responsible or liable in any manner whatsoever for your inability to use and/or qualify, as applicable, for Kontexto, Kontexto Services, Kontexto Offerings and/or associated functionality. You understand and agree that Kontexto shall not be liable to you or any third party for any modification, suspension or discontinuation of Kontexto, Kontexto Services and/or Kontexto Offerings or any other products and/or services offered by and through same.
5. License Grant
As a user of Kontexto, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use Kontexto, Kontexto Offerings and associated content in accordance with the Agreement. Kontexto may terminate this license at any time for any reason. You may use Kontexto and/or Kontexto Offerings for your own personal, non-commercial use, except as provided for by a business transaction subject to payment terms, and End User License Agreement, "EULA" and Master Services Agreement "MSA". No part of Kontexto and/or Kontexto Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Kontexto and/or Kontexto Offerings, any content featured therein or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from Kontexto and/or Kontexto Offerings except as expressly permitted by Us. Kontexto reserves any rights not explicitly granted in the Agreement.
6. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to Kontexto and Kontexto Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of Kontexto and/or Kontexto Offerings is strictly prohibited.
7. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on or through Kontexto and/or Kontexto Offerings.
8. Disclaimer of Warranties.
KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH KONTEXTO ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KONTEXTO MAKES NO WARRANTY THAT: (A) KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH KONTEXTO WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR ANY OF THE KONTEXTO SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KONTEXTO, WILL BE ACCURATE OR RELIABLE. KONTEXTO AND/OR KONTEXTO OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET/MOBILE CONNECTION ASSOCIATED WITH KONTEXTO AND/OR KONTEXTO OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KONTEXTO OR OTHERWISE THROUGH OR FROM KONTEXTO AND/OR KONTEXTO OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KONTEXTO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KONTEXTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH KONTEXTO; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE KONTEXTO AND/OR KONTEXTO OFFERINGS; (C) THE FAILURE TO QUALIFY FOR ANY OF THE KONTEXTO SERVICES; (D) THE UNAUTHORIZED ACCESS OR USE OF YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH KONTEXTO. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE KONTEXTO FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF KONTEXTO TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KONTEXTO. THE KONTEXTO, KONTEXTO OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH KONTEXTO WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). The parties hereto specifically consent to the personal jurisdiction of the state or federal courts located in the State of California for all disputes arising out of or related to the Agreement.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Kontexto and/or any Kontexto Offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.