Terms of Service
Understanding your rights and responsibilities as a KDragonfly user
These Terms constitute a binding agreement between You and KDragonfly, Inc., and are deemed accepted by You each time that You use or access Kdragonlfy’s site or services. If You do not accept the Terms stated here, do not use the KDragonfly Site or Services.
KDragonfly may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the KDragonfly Sites suspended or terminated, at KDragonfly’s discretion.
You must be 13 years of age or older to visit or use any KDragonfly Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any KDragonfly Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of KDragonfly Content.
KDragonfly authorizes You, subject to these Terms, to access and use the KDragonfly Sites and the KDragonfly Content (as defined below) and to download and print a single copy of the content available on or from the KDragonfly Sites solely for Your personal, non-commercial use. The contents of the KDragonfly Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other KDragonfly content (collectively, “KDragonfly Content”), are protected under copyright, trademark and other laws. All KDragonfly Content is the property of KDragonfly or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the KDragonfly Sites is the exclusive property of KDragonfly and is protected by copyright, trademark, and other laws. Unauthorized use of the KDragonfly Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original KDragonfly Content on any authorized copy You make of the KDragonfly Content.
Any code that KDragonfly creates to generate or display any KDragonfly Content or the pages making up any KDragonfly Site is also protected by KDragonfly’s copyright and You may not copy or adapt such code.
You may not use any of the KDragonfly Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing KDragonfly Content on any Internet, Intranet or Extranet site or incorporating the KDragonfly Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of the KDragonfly Services.
The gig posting, resume database (“KDragonfly Resume Database”) and other features of the KDragonfly Sites may be used only by individuals seeking business and/or career information and by businesses seeking contract workers. In addition, the KDragonfly Communities / Forums may be used by individuals for permitted professional and personal networking purposes. Your use of the KDragonfly Services is also subject to any other contracts You may have with KDragonfly. In the case of any conflict between these Terms and any contract you have with KDragonfly, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a KDragonfly Site.
All KDragonfly Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any KDragonfly Site’s infrastructure;
(c) use any device to navigate or search any KDragonfly Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by KDragonfly;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any KDragonfly Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any KDragonfly Site;
(h) aggregate, copy or duplicate in any manner any of the KDragonfly Content or information available from any KDragonfly Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any KDragonfly Content or information available from any KDragonfly Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any resume or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any KDragonfly Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any KDragonfly Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any KDragonfly Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the KDragonfly Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by KDragonfly’s discretion.
Violations of system or network security may result in civil and/or criminal liability. KDragonfly will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your KDragonfly Site registrations and passwords, whether or not authorized by You. You agree to immediately notify KDragonfly of any unauthorized use of Your employer account, Profile, or passwords.
Businesses are solely responsible for their postings on KDragonfly Sites. KDragonfly is not to be considered to be an employer with respect to Your use of any KDragonfly Site and KDragonfly shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs/gigs on any KDragonfly Site.
You understand and acknowledge that if You cancel Your business account or Your business account is terminated, all Your account information from KDragonfly, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from KDragonfly’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through KDragonfly’s web servers.
In order to protect our KDragonfly Community Users from commercial advertising or solicitation, KDragonfly reserves the right to restrict the number of e-mails which an employer may send to Users to a number which KDragonfly deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. KDragonfly does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
Job / Gig postings
A Job / Gig posting may not contain:
(a) any hyperlinks, other than those specifically authorized by KDragonfly;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in KDragonfly’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by KDragonfly;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your KDragonfly job / gig posting to:
(a) post jobs/gigs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs/gigs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs/gigs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs/gigs or other advertisements for competitors of KDragonfly or post jobs/gigs or other content that contains links to any site competitive with KDragonfly;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(j) post jobs/gigs on any KDragonfly Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs/gigs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs/gigs located in countries subject to economic sanctions of the United States Government; and
(p) except where allowed by applicable law, post jobs/gigs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
KDragonfly reserves the right to remove any job posting or content from any KDragonfly Site, which in the reasonable exercise of KDragonfly’s discretion, does not comply with the above Terms, or if any content is posted that KDragonfly believes is not in the best interest of KDragonfly.
If at any time during Your use of the KDragonfly Services, You made a misrepresentation of fact to KDragonfly or otherwise misled KDragonfly in regards to the nature of Your business activities, KDragonfly will have grounds to terminate Your use of the KDragonfly Services.
Guru / Resume Database
Use of the KDragonfly Resume Database by Businesses
You shall use the KDragonfly Guru / Resume Database, herin referred to as Resumes Database, as provided in these Terms and in any contract You have with KDragonfly. You shall use the KDragonfly Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from KDragonfly Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from KDragonfly Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The KDragonfly Guru / Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, KDragonfly reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in KDragonfly’s sole discretion from time to time.
4. Additional terms applicable to Gig Seekers.
When You register with any KDragonfly Site, You will be asked to create an account and provide KDragonfly with certain information including, without limitation, a valid email address (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the KDragonfly Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your KDragonfly account or Your KDragonfly account is terminated, all Your account information from KDragonfly, including resumes, Profiles, cover letters, saved jobs/gigs, questionnaires will be marked as deleted in and may be deleted from KDragonfly’s databases and will be removed from any public area of the KDragonfly Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through KDragonfly’s web servers. In addition, third parties may retain saved copies of Your Information.
KDragonfly reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a KDragonfly Site (“User Content”) is the sole responsibility of the person from which such User Content originated. KDragonfly claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through KDragonfly and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through KDragonfly, you grant KDragonfly a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through KDragonfly. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant KDragonfly a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting KDragonfly and its services. KDragonfly will discontinue this licensed use within a commercially reasonable period after such User Content is removed from KDragonfly. KDragonfly reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of any KDragonfly Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any KDragonfly Site retains any and all rights that may exist in such User Content. KDragonfly may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any KDragonfly Site. KDragonfly reserves the right to expel Users and prevent their further access to the KDragonfly Sites and/or use of KDragonfly Services for violating the Terms or applicable laws, rules or regulations. KDragonfly may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for KDragonfly, damage KDragonfly’s brand or public image, or cause KDragonfly to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
KDragonfly does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does KDragonfly endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
You may not include, in any User Content submitted to KDragonfly Communities, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our KDragonfly Community Users from commercial advertising or solicitation, KDragonfly reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which KDragonfly deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the KDragonfly Sites. KDragonfly does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the KDragonfly Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of KDragonfly. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. KDragonfly shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Additional Terms Applicable to KDragonfly Packages and AlaCart Items:
(a) Premium Membership. A KDragonfly Premium Member has paid for access to the Premium or Elite Packages allowing Premium Networking features, along with an exclusive suite of products and content. The product offerings and pricing are subject to change at any time with or without notification to Premium members. A User can access all of the Premium features from his or her MyKDragonfly Account homepage.
(b) Premium Products. MyKDragonfly Premium products are only accessible to Members. The list of Premium products includes, but is not limited to, KDragonfly Vetting marker, Search Visibility, and Premium Profile. These product offerings are subject to change at any time with or without notification.
(c) Premium Cancellation. A User will retain access to the Premium features provided that he or she continues to pay a monthly fee for this access. The User may terminate his or her membership as a KDragonfly Member at any time, for any reason by using the online cancellation tool located in your account and by following the provided instructions. If you upgrade your account the charge will become effective immediately and your will receive a prorated credit against your current payment for future billing. If you downgrade your account you will not receive any credit and your downgrade will be effective the date your current package expires.
(d) Premium Termination by KDragonfly. If KDragonfly terminates your MyKDragonfly Premium account membership because You have breached these Terms or KDragonfly is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
e) Ala Cart items: Individual services may be purchased through the KDragonfly site for the Ala Cart items listed in the site. These purchases are one-time fees and not related to ongoing membership.
10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any KDragonfly Site and is accessible on such KDragonfly Site in a way that constitutes copyright or trademark infringement, please provide a detailed description of the item for review.
We have designated Kim Homolka as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the KDragonfly Sites. You can contact Kim as follows:
By mail: Kim Homolka
P.O. Box 271955 Fort Collins, CO 80527
By telephone: 970-325-5080
Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
KDragonfly, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of KDragonfly.com, You agree not to use KDragonfly.com or any other KDragonfly Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any KDragonfly.com Users, and block access to KDragonfly.com and/or the other KDragonfly Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
KDragonfly respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the KDragonfly Sites, You agree not to use any KDragonfly Site to infringe the intellectual property rights of others in any way. KDragonfly reserves the right to terminate the accounts of any Users, and block access to the KDragonfly Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. KDragonfly reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as set out above.
8. KDragonfly’s Liability.
The KDragonfly Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. KDragonfly does not screen or censor the listings, including Profiles offered. KDragonfly is not involved in the actual transaction between employers and candidates. As a result, KDragonfly is not responsible for User Content, the quality, safety or legality of the jobs/gigs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and KDragonfly makes no representations about any jobs/gigs, resumes or User Content on the KDragonfly Sites. While KDragonfly reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the KDragonfly Sites from time to time, KDragonfly does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
KDragonfly Communities provides a venue for individuals to network for professional and personal purposes and KDragonfly does not screen or censor the Profiles or User Content on the KDragonfly Sites. KDragonfly is not involved in the actual communications between Users. As a result, KDragonfly has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the KDragonfly Sites and makes no representations about any Profile or User Content on the KDragonfly Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the KDragonfly Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the KDragonfly Sites.
Because User authentication on the Internet is difficult, KDragonfly cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any KDragonfly Site, in the event that You have a dispute with one or more Users, You release KDragonfly (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The KDragonfly Sites and the KDragonfly Content may contain inaccuracies or typographical errors. KDragonfly makes no representations about the accuracy, reliability, completeness, or timeliness of any KDragonfly Site or the KDragonfly Content. The use of all KDragonfly Sites and the KDragonfly Content is at Your own risk. Changes are periodically made to KDragonfly Sites and may be made at any time. KDragonfly cannot guarantee and does not promise any specific results from use of any KDragonfly Site. No advice or information, whether oral or written, obtained by a User from KDragonfly or through or from any KDragonfly Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
KDragonfly encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall KDragonfly be liable for the deletion, loss, or unauthorized modification of any User Content.
KDragonfly does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any KDragonfly Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms, KDragonfly may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. KDragonfly has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, KDRAGONFLY DOES NOT WARRANT THAT ANY KDRAGONFLY SITE OR ANY KDRAGONFLY SERVICES WILL OPERATE ERROR-FREE OR THAT ANY KDRAGONFLY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY KDRAGONFLY SITE OR THE KDRAGONFLY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, KDRAGONFLY IS NOT RESPONSIBLE FOR THOSE COSTS. THE KDRAGONFLY SITES AND KDRAGONFLY CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KDRAGONFLY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. KDRAGONFLY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE KDRAGONFLY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL KDRAGONFLY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY KDRAGONFLY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY KDRAGONFLY SITE AND THE KDRAGONFLY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KDRAGONFLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, KDRAGONFLY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY KDRAGONFLY SITE OR YOUR USE OF THE KDRAGONFLY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The KDragonfly Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by KDragonfly of the contents on such third-party Web sites. KDragonfly is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any KDragonfly Site.
You agree to defend, indemnify, and hold harmless KDragonfly, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any KDragonfly Site, (ii) Your use of any KDragonfly Content, or (iii) Your breach of these Terms. KDragonfly shall provide notice to You promptly of any such claim, suit, or proceeding.
KDragonfly makes no claims or representations that the KDragonfly Content may be lawfully viewed or accessed outside of the United States. Access to the KDragonfly Content may not be legal by certain persons or in certain countries. If You access any KDragonfly Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any KDragonfly Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, KDragonfly’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect KDragonfly’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the KDragonfly Sites, a particular “Legal Notice,” or software license or material on particular pages on the KDragonfly Sites, these Terms constitute the entire agreement between You and KDragonfly with respect to the use of the KDragonfly Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
17. Term and Termination.
These Terms will remain in full force and effect while You are a User of any KDragonfly Site. KDragonfly reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the KDragonfly Sites and immediate termination of Your registration with or ability to access the KDragonfly Sites and/or any other services provided to You by KDragonfly, upon any breach by You of these Terms or if KDragonfly is unable to verify or authenticate any information You submit to a KDragonfly Site registration. Even after You are no longer a User of the KDragonfly Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
Update effective October 2014