Please read carefully before using this Website and/or any product or service available from this website or Kasita, LLC (“Kasita”):
You may not interfere with the security of or otherwise abuse the Site or any system resources, Products or networks connected to or accessible through the Site. You may only use the Site for lawful purposes.
Changes to Terms
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its Products, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Kasita makes no representation that the information, opinions, advice or other Content on the Website is appropriate or that its Products are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Scope of Use
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content or Products on this Website, or the design or layout of the Website. You may not systematically or automatically retrieve or bulk download data from the Website.
All Content on the Site may be subject to trademark, service mark, trade dress, internet domain name, copyright, patent and/or other intellectual property rights or licenses held by Kasita, one of its affiliates or by third parties who have licensed their materials to Kasita.
No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials, unless otherwise specified for specific Content. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute or publicly display or operate this Website without the prior written permission of Kasita. You may not use a part of this Website on any other Website, without Kasita’s prior written consent.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Kasita or other third parties. You are not permitted to use the Marks without the prior written consent of Kasita or such third party that may own the Marks.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Kasita is strictly prohibited.
Kasita respects the intellectual property rights of others and expects our users to do the same. Kasita reserves the right to terminate the accounts of its users, at its own discretion, for any reason, including for violations of intellectual property rights. If you believe that your non-copyright intellectual property rights have been infringed, please contact us at firstname.lastname@example.org. If you believe that your rights in copyright have been violated, please follow the express provisions of the Digital Millennium Copyright Act set forth below.
Digital Millennium Copyright Act
Kasita investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
- For purposes of providing written notice under the DMCA, Kasita has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:
- If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission”), available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to Kasita’s Copyright Agent, identified above. To be effective, the written notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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
- 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 an exclusive right that is allegedly infringed.
- If you believe that your Third-Party Submission, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use the Third-Party Submission, you may submit a written counter-notice, pursuant to the DMCA, to Kasita’s Copyright Agent, identified above. To be effective, the written counter-notice must include:
- Your physical or electronic signature;
- 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;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Travis County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
- If a counter-notice is received by Kasita’s Copyright Agent, Kasita may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that Kasita may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in ten to 14 business days or more after receipt of the counter-notice, at Kasita’s sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including Kasita), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
Communications and Submissions
This Site may incorporate the use of a “Tell a Friend”, “Share” or other third party communication, social media or information sharing function designed to offer you the ability to share something of interest on the Site with a third party(ies) of your choosing. Kasita reserves the right to monitor and review such communications. By using the “Tell a Friend” or other information sharing function, you authorize Kasita to review such communications and expressly waive any and all privacy, publicity, moral or similar rights or protections that you may have with regard to such communications. If you are not willing to waive such protections, then you are not permitted to use the “Tell a Friend” or other information sharing function on this Site.
You may not link to this Website without Kasita’s written permission. If you are interested in linking to this Website, please contact us at email@example.com.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you agree and warrant to Kasita that you will not use the Website for any purpose or manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website, or that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website, its Content or Products in violation of any applicable state, federal, local or other laws or regulations. You expressly agree and warrant to Kasita that you will obtain all necessary permits and permissions to use Contents or Products provided or offered through this website.
You may not post or otherwise transmit unauthorized or unsolicited advertising, promotional materials or any other forms of solicitation to other users of this Site. Inquiries regarding a commercial relationship with Kasita should be directed to firstname.lastname@example.org.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND KASITA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S CONTENT OR PRODUCTS ON THIS SITE, THIS SITE, AND ALL MATERIALS, PRODUCTS, CONTENT AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KASITA MAKES NO WARRANTY THAT: (i) THE PRODUCTS AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE PRODUCTS AND CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS PRODUCTS OR CONTENT WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. KASITA MAY MAKE CHANGES TO THE CONTENTS AND PRODUCTS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AT THIS SITE MAY BE OUT OF DATE, AND KASITA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR PRODUCTS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) KASITA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT (INCLUDING PHOTO UPLOADS OR OTHER MATERIALS), PRODUCTS OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING THIRD-PARTY CUSTOMERS/USERS, THIRD-PARTY VENDORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) KASITA MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) KASITA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.
Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND HEREBY WAIVE, AND SUCH AGREEMENT AND WAIVER BEING AN ESSENTIAL PART OF THIS AGREEMENT, ANY AND ALL CLAIMS AND LIABILITIES AGAINST KASITA THAT ARISE FROM YOUR USE OF THIS WEBSITE, CONTENTS OR PRODUCTS IN VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL KASITA OR ANY OF ITS EMPLOYEES, CONTRACTORS, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR PRODUCTS RELATED TO THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KASITA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KASITA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Governing Law and Arbitration
No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not professional advice, and should not be construed as such.
User Submissions And Communications
Accounts and Security
Last modified: October 5, 2015