Date Of Last Revision: April 30, 2018.
You have reached the Terms and Conditions of getkydos.com and ardenwebdesign.com which is owned and operated by Catapult Creative Media Inc. doing business as (“dba”) Kydos! and Arden Web Design (hereinafter referred to as “Kydos!” or “Arden Web Design”). By using or otherwise accessing getkydos.com, ardenwebdesign.com, or any of its related applications, platforms, mobile applications, intranets or other software services (individually and collectively, the “Software”), or by using (either for yourself or on behalf of a third-party or client) any services (“Services”) or purchasing any products offered by Kydos! or Arden Web Design (“Products”) from Kydos! or Arden Web Design or from a third party which herein incorporated the Terms of Service listed here, you are agreeing to the following terms and conditions (hereinafter referred to interchangeably as “Terms” or “Agreement”). “You” is defined in this Agreement as the person or entity on whose behalf the person who accesses the Website, uses any of the Services of Kydos! or Arden Web Design or purchases any of Kydos!’ or Arden Web Design’s products.
Before using any of these Services, please read these Terms. These Terms are incorporated by reference into the order page (whether in physical or electronic form) and are mutually agreed upon by the organization or person identified therein (“Subscriber”) and Kydos! or Arden Web Design based on this Agreement the Customer receives the right to access and uses these Services. These Terms and the order page together form an agreement between the Subscriber and Kydos! or Arden Web Design, effective on the date on the order page or on the first date (“Effective Date”) the Subscriber clicks “Place Order,” “Submit Form,” or something similar, as applicable.
Kydos! and Arden Web Design reserves the right, at its sole discretion to change or modify portions of these terms at any time. If Kydos! or Arden Web Design does this, it will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Kydos! and Arden Web Design will notify Subscribers, either through the system user interface, in an email notification to the Subscriber or through other reasonable means. Any changes will become effective no earlier than ten (10) days after they are posted, excepting for changes that must be made for legal reasons which will become effective immediately. Continued use of any of Kydos! or Arden Web Design Services after the date such changes become effective constitutes acceptance of the new Terms.
By using these Services, you hereby represent that you are at least 18 years of age or are of the age of legal majority whereby you are allowed to enter into contracts. In addition, if you are accessing the Website or other services of Kydos! or Arden Web Design on behalf of another party you represent that you are authorized to act on behalf of the other party and bind it to the Terms herein.
- Fees are payments in exchange for service that are provided on any Sign-Up Form or Document.
- Record statement of payment and user information for Kydos! or Arden Web Design Services.
- Also referred to as “contract form,” is defined as a written or verbal agreement either in person, online, or over the phone, and any record evidencing a sign-up for the use of our products and services.
- Any form of communication, including but not limited to phone calls, paper or electronic mail, or reviews sent by you to Kydos! or Arden Web Design, including, but not limited to, questions, comments, suggestions, criticisms or items alike will be deemed by Kydos! and Arden Web Design as non-confidential and cannot be claimed as personal rights or intellectual property.
- Uploaded Materials are content that includes but are not limited to reviews, pictures, written content, or other materials that you or your customers, clients, or patients may transfer using our product or services.
- Customer, client, patient, and user information that you provide to Kydos! or Arden Web Design In connection with our products or services.
- Any person or business that provides goods and services to another person or business under the terms of the written or verbal contract that has been agreed upon from both parties.
- All subjects and materials included or connected in the Kydos! and Arden Web Design Terms and Conditions as well as your Kydos! or Arden Web Design Contract Agreement.
- A form of Users that will be charged the fees set forth within the contract provided to you in exchange for Kydos! or Arden Web Design services.
- The subscription time or period of which you have agreed to pay for the fees set forth within the contract. For example, a Semi-Annual Subscription Term will require a six (6) month payment plan, the Billing Period will be six (6) months.
- Third-Party websites or providers, including online communities, social media platforms, and other databases that are enabled using any Kydos! or Arden Web Design product or Service that allows you to communicate and/or interact with the public.
- All information provided by you to Kydos! or Arden Web Design that you designate in writing as confidential. Confidential information includes Customer Data, terms of the contract form, contact information. Confidential information does not include any information, including contact information, that is or becomes public knowledge without breach of contract or was known to the person/entity before the information was disclosed.
- The individual, customer, client, or patient whose contact information is stored within the Subscription Service by you.
- The information you provide as part of your Kydos! or Arden Web Design Subscription Service or the information of your clients or patients you input into the Kydos! or Arden Web Design Subscription Service in order to use the Subscription Service. Includes names, email addresses, phone numbers, user names, and other information.
- All information associated with your Kydos! or Arden Web Design Subscription Service, submitted or collected through the Subscription Service by you, the Subscriber.
- All the text, content, images, graphics, or information you provide, upload, send, submit, or input to us in order to use the Kydos! or Arden Web Design Subscription Service.
- Any data we gather or provide to enhance the Kydos! or Arden Web Design Subscription Service including URLs, social media handles, avatars, email addresses, and more obtained by public or third-party sources.
- All the information, text, images, media, software, graphics, and content we use within the Kydos! or Arden Web Design Subscription Service.
Sensitive Personal Data
- This includes any information we require in order for your use of the Kydos! or Arden Web Design Service including (a) credit/debit card numbers, financial account information, other personal identifiers, passwords, physical or mental health information, employment information, any information subject to the Health Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data.’
Kydos! or Arden Web Design Subscription Service, Subscription service/Kydos! or Arden Web Design subscription, Kydos! or Arden Web Design Service
- All the platforms, websites, tools, and forms we provide for your use as part of the Kydos! or Arden Web Design Service that we have developed, operated, or maintained.
- The amount, including the setup and monthly service fees, you pay in order to use the Kydos! or Arden Web Design Service.
- The initial term of your Subscription to the Kydos! or Arden Web Design Service as defined in your contract form and each renewal term defined within updated or new Contract Forms.
- Any products or services that are provided by third parties which we do not own or provide ourselves but which are used in connection with the Kydos! or Arden Web Design Service.
- Any websites linked to from within the Subscription Service that we do own and are not responsible for.
- Any of your employees or representatives that are authorized to use the Kydos! or Arden Web Design Service on your behalf and have access to the Service.
Kydos! or Arden Web Design, We/Us/Our
- The contracting entity as defined in the Contract Form.
You, Your/ Subscriber
- The person or company subscribed to or using the Kydos! or Arden Web Design Service and is identified on the corresponding record, billing statement, and Contract Form as the Subscriber.
- General Commercial Terms
- Once your Subscription Term begins according to your Contract Form, we will provide you access to the Kydos! or Arden Web Design Subscription Service by activating your account within the designated time frame within your contract. You can sign up for Kydos! or Arden Web Design online, in person, or over the phone and agree to recorded evidence as proof of sign-up in written or oral form. You agree to the terms and condition provided in this document when you sign up.
2.2 Additional Features
- Any added features or services provided by Catapult Creative Media and its other product properties, including Arden Web Design and Kydos!, may be ordered or activated from either your current client account or a representative in connection to your Kydos! or Arden Web Design Account.
- Kydos! or Arden Web Design Subscription Service is available 24 hours a day, 7 days a week except during scheduled maintenance or unplanned issues which may cause the service to be temporarily unavailable and which we will attempt to resolve quickly.
2.4 Fees and Payments
- 4.1 Subscription Fees
- You agree to pay your contracted rate upon signing your Contract Form. If payment is not received when it is due, you agree to pay and additional interest charge of fifteen (15) percent per annum on the overdue amount.
- You agree that your Subscription Service auto-renews at the end of your Subscription Term and reconvenes on a new term identical to the original Subscription Term unless otherwise stated in writing within the Contract Form or the Subscription is cancelled in accordance with our Cancellation Policy. You will be automatically charged for the new Subscription Term upon automatic renewal.
- The Subscription Fees will remain unchanged during the first renewal Subscription Term unless you: (a) subscribe to additional features or products provided by Kydos!, Arden Web Design, or its affiliates, (b) create additional locations to your current account, or (c) upgrade your current package or subscribe to the additional services and features provided, or (d) increase the length of your Subscription Term, resulting in a new Subscription Fee.
- 4.2 Fee Adjustments at Renewal
- Your Kydos! or Arden Web Design Subscription may be subject to fee adjustments upon renewal of your Subscription Term, but your pricing is locked in for at least the first additional Subscription Term. The fee adjustments are determined and are at the sole discretion of Kydos! or Arden Web Design you will be made aware of any fee adjustments for the Kydos! or Arden Web Design Subscription Service in your Contract Form upon renewal.
- 4.3 Payment Information
- You will keep your credit card information current within in your account. Payments cannot be cancelled and are non-refundable unless specified by Kydos! or Arden Web Design representatives or stated in this agreement. Payment refunds are at the sole discretion of Kydos! or Arden Web Design you agree to pay the full amount of your contract fees throughout the Subscription Term.
- 4.4 Payment by Credit Card
- If you pay by credit or debit card, you authorize us to charge your account for the fees due for each Billing Period throughout the Subscription Term. You authorize us to use third-party payment processors and agree to the disclosure of your payment information to the third-party processor.
- 4.5 Payment by Automated Clearing House (ACH)
- With this, payments will go from one back account to another via Direct Deposit as a business-to-business transaction for each Billing Period.
- 4.6 Sales Tax
- You agree that you are responsible for all sales tax. Any and all sales tax due on any Kydos! or Arden Web Design products or services.
- 4.7 Fee Disputes
- If you dispute any fees charged to you by Kydos! or Arden Web Design for any services, you must notify Kydos! or Arden Web Design within thirty (30) days after the date specified on the charge after which you forfeit the dispute. We will investigate any disputes within a reasonable timeframe and resolve the disputes accordingly.
- Use and Limitations of Use
- 5.1 Acceptable Use
- We encourage you to email us in regards to violations or complaints of the Kydos! or Arden Web Design Service. We will investigate all violations and act accordingly to any violations found.
- Using Kydos! or Arden Web Design to send, transmit, handle, deliver, receive, edit SPAM in the form of unsolicited emails in violation of the CAN-SPAM Act or any other law is prohibited.
- Email and texts sent through the Kydos! or Arden Web Design Subscription Service may not be misrepresented in any way. You may not obscure or falsify information or use Kydos! or Arden Web Design to gain any other information from clients, customers, or patients other than reviews of a service or product you provided.
- You agree that every email or text you send out using Kydos! or Arden Web Design will contain accurate information that is not false or misleading and that the content will not be tampered with including the header, message, buttons, or any other Kydos! or Arden Web Design content. You agree that your customers, clients, or patients can refuse or opt-out of the text messages or email requests and that you must comply with their opt-outs or unsubscribe requests.
- You agree that you will use Kydos! or Arden Web Design only for the purpose of getting reviews for services or products you provided to clients, customers, or patients and that you will not use any information that will put anyone else’s property, privacy, or security at risk.
- You will not use Kydos! or Arden Web Design in a way that threatens, abuses, harasses, or defames anyone. You will not use Kydos! or Arden Web Design to violate anyone’s legal rights. You will not use Kydos! To send vulgar or offensive material or gather information without people’s consent. You will not use Kydos! or Arden Web Design in a way that violates any local, state, federal, national, or international laws including:
- Controlling the Assault of Non-Solicited Pornography and Marketing Act
- S Telephone Consumer Protection Act of 1991
- Do-Not-Call Implementation Act of 2003
- Directive 2000/31/EC of the European Parliament and Council of 8 June 2000
- Directive 2002/58/EC of the European Parliament and Council of 12 July 2002
- Personal Information Protection and Electronic Documents Act
- You will not use Kydos! or Arden Web Design for any business purposes outside of those specifically provided by Kydos! or Arden Web Design. You agree that you will not resell Kydos! or Arden Web Design or create a derivative form of Kydos! or Arden Web Design or reverse engineer the Kydos! or Arden Web Design Software in any manner. You will not tamper with Kydos! or Arden Web Design security or customer account information, gain unauthorized access, probe or scrape content from Kydos! or Arden Web Design, distribute, license, or commercially exploit Kydos! or Arden Web Design for your own gain.
- You will not use the Kydos! or Arden Web Design Content anywhere without our written permission.
- Kydos! and Arden Web Design has the right to terminate or suspend your account and refuse service at any time and for any reason. We retain the right to deactivate or delete your account and information and deny you access for any reason at any time.
- The Terms within this section shall be upheld regardless of the termination of this Agreement.
- 5.2 Prohibited and Unauthorized Use
- You will not create or use any automated systems that include but not limited to “robots,” “spambots,” “spiders,” or any sort of program or feature that sends more requests or messages through our servers in a given point of time than any person can humanly produce in the same given period.
- You may not use your Kydos! or Arden Web Design Subscription Service in any way that causes any harm, damage, or impairment to any of our websites, including websites owned by our affiliates. With this, you also may not use our Services in a way that hinders any other party’s use of Kydos! or Arden Web Design Subscription Services.
- Any attempt to gain unauthorized access to our website our Subscription Service will result in suspended access or immediate termination of the agreed Services of your contract.
- 5.3 Use of Communication Services
- You agree to be in compliance with any Terms and Conditions listed in any Communication Service. You understand we do not own and cannot change any information found in the Communication Services. You understand we are not liable for any actions in result of you using any Communication Service.
- 5.4 Third Party Sites and Products
- Kydos! or Arden Web Design does not have any control over third-party sites and services. The Subscription Service may provide users links or provide access to third-party sites and resources found on the Internet. This does not imply that Kydos! or Arden Web Design warrants the actions on these third-party sites.
- Any conflicts or problems you, the Subscriber, may have with any third-party sites does not make Kydos! or Arden Web Design liable for any losses or claims that you may have from such third-party sites.
- With this Agreement, you thereby refrain from placing Kydos! or Arden Web Design liable for any claim based on the inaccuracy or any other fault of the third-party website services.
- Subscription Terms
3.1 Subscription Services
- You agree to send and receive emails, phone calls, text messages, and other forms of communication from us when you visit the site or contact us. You consent that any agreements or notices communicated orally or written by us are legally binding and satisfy legal requirements as if in writing.
- You have access to our Services during your contracted term which include but are not limited to (1) the collection and publication of reviews or feedback for services you provide to your clients, customers, or patients, (2) the use of Kydos! or Arden Web Design website, platform, dashboard, application, consultation, account management, and other services.
- To provide the most accurate and effective results, Subscribers are required to complete an intake form. Failure to complete all sections of the intake form will result in Kydos! or Arden Web Design automatically pulling any information from the Internet. Our sources will include but are not limited to social media platforms, company website, and any other network that we deem suitable to complete the intake form. Given this, we cannot be held accountable for the quality of our information due to an incomplete intake form.
- Under this Agreement, you acknowledge that any Received or Uploaded Materials will be deemed free of any claim of personal or intellectual property. Kydos! and Arden Web Design Has the right to recreate, use, modify, or distribute the Received or Uploaded Materials for manufacturing and/or marketing purposes, or any way Kydos! or Arden Web Design deems fit without any form of compensation or obligation to the providing Party.
- You must be 18 years of age or older (if you are subject to the laws under Japan, you must by 20 years old or older) to use the Subscription Service provided by Kydos! or Arden Web Design.
- COPPA – This site complies with the Children’s Online Privacy Protection Act of 1998. This site is not specifically directed to children under 18. If this site has been informed or unintentionally collected or received information from a child under 18, we will immediately delete such information from our databases. This site shall not knowingly distribute any personally identifiable information erroneously collected from children under 18.
- You may not downgrade your Subscription Service throughout the Subscription Term that was originally agreed upon. To downgrade your Subscription Service or Term, you, the Subscriber, must wait until the end of your contracted term.
- We reserve the right to modify Kydos! or Arden Web Design Subscription Service at any time in order to improve your experience and may delete or add features at any time.
3.5 Customer Support
- You will have access to your account manager and sales representative during our business hours with any questions, comments, or concerns. We accept support request emails and phone calls 24 hours per day but do not guarantee a specific response time.
3.6 Notice of Non-renewal
- To avoid an automatic renewal of the Subscription Service and/or Term, please refer to our Cancellation Policy
3.7 Retrieval of Customer Data
- Upon cancellation, all your content will be immediately inaccessible with the exception of information found on third-party sites. After thirty (30) days, all content will be permanently deleted from our systems, logs, and backups. This information will not be able to be recovered once deleted. You are responsible for downloading or saving your account data or customer data prior to cancellation. We will not release any information once you cancel your Subscription Service.
- Kydos! and Arden Web Design has the right to terminate or suspend your account and refuse service at any time and for any reason. We retain the right to deactivate or delete your account and/or information and deny you access for any reason at any time.
- Product Disclosures
4.1 Kydos! Training
- We may provide dashboard and service training to help you use Kydos! or Arden Web Design to its full potential. You may inquire about these trainings, contact your Account Manager.
- General Legal Terms
5.1 Customer Data
- 1.1 Limits on Kydos! and Arden Web Design
- We will not use or authorize anyone else to use consumer data or contact information unless otherwise permitted by you, the customer.
- 1.2 Aggregate Data
- Kydos! or Arden Web Design may monitor our Customers’ Use of Services and aggregate data in a collective and anonymous manner. Any published data or information provided by the aggregated data will not identify you as an individual or your business or corporation.
- 1.3 Safeguards
- We employ certain safeguards in order to protect Customer Data. You agree to the safeguard measures including, Encrypted services via SSL, extensive physical and digital guards against unauthorized access to data hubs, secure password and login information to your account data, restricted access to personal information from Kydos! or Arden Web Design employees who are under strict contractual confidentiality obligations.
- 1.4 Copyright Infringement
- We comply with the Digital Millennium Copyright Act of 1998. If you see any materials, content, text, images, graphics, or other information on our website that you believe violate copyright laws or regulations, send us an email describing the violation. We will make every effort to take action should a violation be in occurrence. Email violations to [email protected].
- 1.5 Reviewer Information
- You agree that all Uploaded or Received Materials from any individual are free of intellectual property rights or claims by any third parties and that they are in compliance with applicable state and federal laws and regulations. You agree that if we are managing your Subscription Service for you that any information you provide to us in regards to a client, customer, patient, or user, including personal information is information you are authorized to give us and that it will not violate any contract or regulation. You agree that any review or rating given and published about your good or services is accurate, original, and only concerns the services or goods you provide. You agree that you will only ask for reviews using the Subscription Service from your clients, customers, or patients. You agree that we will not be held responsible for any inaccurate or defaming content published using the Subscription Services.
5.2 Kydos! Proprietary Rights
- When you have a Kydos! or Arden Web Design Subscription, you are granted a license to use the software only within the terms of this Agreement. Kydos! and Arden Web Design is protected by intellectual property laws and is owned by the license holder, we retain all ownership rights. You agree not to sell, lease, distribute, copy, create derivative works based on Kydos! or Arden Web Design in whole or in part unless authorized in writing by the owner of Catapult Creative Media Inc. You also agree that you will not reverse-engineer the Kydos! or Arden Web Design Software in any manner.
- You may not use any of the Kydos! or Arden Web Design Content without written permission by us.
5.3 Customer’s Proprietary Rights
- You own all the rights to your Customer Data. You grant us permission to use Customer Materials and Customer Data only for research and marketing purposes in an anonymous manner.
- You, the Subscriber, are responsible to keep any account information, including your login(s) and password(s) confidential, and for restricting access to your computer and Kydos! or Arden Web Design Services.
- You will also agree to accept full responsibility for all activities that occur under your account, including but not limited to pictures and information posted by customers, clients, or patients while using Kydos! or Arden Web Design.
- You give us the right to use your name, company name, company logo, reviews, feedback on our Customer list online and on other self-marketing materials.
- At your expense, you will indemnify and not hold us responsible for any suit, claim, or action brought against us due to your (1) or anyone’s illegal or irresponsible use of Kydos! or Arden Web Design (2) breach of this agreement (3) use of third-party products or services (4) or anyone’s unauthorized use or access to Kydos! or Arden Web Design, or your Kydos! or Arden Web Design Subscription. When we become aware of any claim, we will notify you in writing and provide you, at your expense, with reasonably requested material to assist in the defense or settlement of the claim. You agree to not accept any settlement that obligates us to an action, requires us to admit wrongdoing, or imposes a liability or restriction on us that is not listed in this Agreement without our written consent.
5.7 Disclaimers; Limitations of Liability
- 7.1 Disclaimers of Warranties
- WE MAKE NO GUARANTEES OF OUR SUBSCRIPTION SERVICE AND YOUR ACCESS AND USE OF KYDOS! OR ARDEN WEB DESIGN. YOU USE KYDOS! OR ARDEN WEB DESIGN AND IT’S CONTENT, INFORMATION, SERVICES, WEBSITE, PRODUCTS, AND DATA AT YOUR OWN RISK. WE DO NOT GUARANTEE THE SUBSCRIPTION SERVICE WILL BE AVAILABLE AT ALL TIMES. WE PROVIDE THE SERVICE AND CONTENT “AS IS” WITHOUT WARRANTY, WRITTEN, ORAL, OR IMPLIED, OF ANY KIND. WE DO NOT GUARANTEE THE INFORMATION OR WEBSITE, PLATFORM, SERVICES ARE ERROR-FREE OR TRUE OR THAT OUR SERVICE IS COMPLETE. WE DO NOT GUARANTEE THAT ERRORS CAN BE CORRECTED.
- 7.2 No Indirect Damages
- IN NO EVENT TO THE EXTENT ACCEPTABLE BY STATE OR FEDERAL LAW SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, DISCIPLINARY, OR LOSS OF EARNINGS, PROFITS, INFORMATION, OR BUSINESS INVESTMENTS OR OPPORTUNITIES.
- 7.3 Limitation of Liability
- KYDOS!, ARDEN WEB DESIGN, ITS EMPLOYEES, AGENTS, OR OWNERS WILL NOT BE LIABLE FOR ANY PROFITS LOST FROM DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS A RESULT OF USE OF OUR SERVICES, PRODUCTS, INFORMATION, CONSULTATIONS, MEDIA, CONTENT, OR COMMUNICATIONS. THE PARTIES OF KYDOS! AND YOU AGREE THAT THE AGGREGATE LIABILITY OF EITHER PARTY WILL BE LIMITED TO $500 OR THE TOTAL AMOUNT PAID FOR THE SUBSCRIPTION SERVICE IN THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT CAUSING A CLAIM.
- 7.4 Third-Party Products
- KYDOS! AND ARDEN WEB DESIGN ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INTERRUPTION CAUSED BY THIRD-PARTY WEBSITES OR PRODUCTS. UNDER THIS AGREEMENT, YOU ARE AWARE OF THE LIABILITY. KYDOS! CANNOT GUARANTEE THE ACCURACY, AVAILABILITY OR OVERALL FUNCTION OF THESE THIRD-PARTY PERFORMANCES.
- YOU AGREE TO HOLD KYDOS! AND ARDEN WEB DESIGN HARMLESS FROM LOSSES, CLAIMS, DAMAGES, AND SETTLEMENTS CAUSED BY THE USE OF THIRD-PARTY PRODUCTS AND SERVICES INCLUDING THE REVIEWS OF PROFESSIONALS OR COMPANIES WHEN CHOOSING A SERVICE. YOU AGREE TO HOLD KYDOS! AND ARDEN WEB DESIGN HARMLESS FROM LOSSES, CLAIMS, DAMAGES, AND SETTLEMENTS CAUSED BY CUSTOMER DATA, CUSTOMER MATERIALS, DATA ENRICHMENT, UPLOADED MATERIALS, AND RECEIVED MATERIALS THAT INFRINGE ON PROPERTY RIGHTS OR PRIVACY RIGHTS. YOU AGREE TO HOLD US HARMLESS FOR ANY VIOLATION OF LAW, RULE, OBLIGATION, WARRANTY, OR REGULATION MADE BY YOU.
- 7.5 Agreement to Liability Limit
- UNDER THIS AGREEMENT, YOU UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO NEGLECT THE TERMS SET FORTH UNDER THE LIMITATION OF LIABILITY WILL BE CONSIDERED A BREACH OF OBLIGATIONS.
- 8.1 Amendment; No Waiver
- Kydos! and Arden Web Design, at any given point in time, may increase the price of Subscription Services. This however, will not affect your current Subscription Term payments (as stated in the Fee Payments section above). If prices or our Terms and Conditions do change, you will be notified by email and may view the updates here.
- No waiver of any kind shall establish a continuing waiver of any subsequent breach unless validated in writing and signed by such party. A waiver on one occasion will not carry over as a waiver of any right or remedy on any future occasion. In this Agreement, you recognize that you waive any protections or restrictions related to information provided that may be restricted by certain state or federal laws. Such information includes the use of personal information that is related to the information you have provided on our Website for service.
- If changes to our Terms and Conditions do occur that you do not agree with, you must notify Kydos! or Arden Web Design within thirty (30) days of being notified of the modifications. By rejecting any change, you, the Subscriber, are agreeing that it will interpose any dispute between you and Kydos! in accordance with the provisions of this section as of the date you first accepted the original Terms to our Services. Disputes of any kind with our modified Terms and Conditions will be handled by the representatives of Kydos! or Arden Web Design.
- In the event of a dispute set forth by the modifications of our Terms, Kydos! Will originally attempt to resolve any disputes through negotiation and consultation among ourselves and the disputing party. In the event that either party cannot reach a settlement among ourselves within one hundred and twenty (120) days, unless otherwise set forth in this Agreement, both parties suspend their right to bring the said claim before any court of law. Either party may submit to arbitration by a sole arbitrator that is in accord with the policies and regulations set forth by the American Arbitration Association. Each party involved will be liable for its own attorneys’ fee and expenses that are connected to the arbitration.
- 8.2 Force Majeure
- Neither Party will be held responsible for failure of performance or considered to be in breach of contract or Terms as a result of any circumstance or event outside the control of the responsible party including but not limited to an act of war, terrorism, an act of God, natural disaster, or an electrical, internet, or telecommunication outage.
- 8.3 Actions Permitted
- No claim or action may be brought against either Party more than one year after the cause of action has occurred except for actions including nonpayment and a violation of a party’s proprietary rights.
- 8.4 Relationship of the Parties
- Kydos! or Arden Web Design and you agree that no business partnership, employment, or venture agreement or relationship exists between us and that a business/client relationship is all that exists.
- You agree that both parties act as independent contractors and that neither party is authorized to bind the other party to any liability or obligation.
- 8.5 Compliance with Laws
- We will comply with all United States state and federal laws when applicable in regards to our Subscription Service and when processing Customer Data. To satisfy any law or legal process, we reserve the right to disclose any information. You agree to comply with all United States state and federal laws in use of Kydos! or Arden Web Design you agree to comply with the sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
- 8.6 Severability
- If any part of this Agreement or any part of a Contract Form is deemed to be unenforceable by law, or by a court of competent jurisdiction then the invalid section will be replaced and adhered to by an enforceable law that most closely matches the intent of the original section and the rest of the Agreement or Contract will stay in effect.
- 8.7 Notices
- Notices to Kydos! or Arden Web Design in regards to any information in this Agreement or the Contract Form will be considered delivered on the recipient date when it is delivered to the following address:
- If any part of this Agreement or any part of a Contract Form is deemed to be unenforceable by law, or by a court of competent jurisdiction then the invalid section will be replaced and adhered to by an enforceable law that most closely matches the intent of the original section and the rest of the Agreement or Contract will stay in effect.
Catapult Creative Media Inc.
8550 United Plaza Blvd, Suite 702
Baton Rouge, LA 70809
- Notices to you in regards to any information in this agreement or in the Contract Form will be considered delivered when they reach the address provided by you as your main billing address or email address that you provided when signing up for the Kydos! or Arden Web Design Services. We may send you electronic notices by email or phone using the email address and phone numbers you provided as your contact information.
- 8.8 Entire Agreement
- 8.9 Assignment
- You agree that the Terms and Conditions as well as the Contract Form are binding contracts and solely binds you and cannot be assigned or transferred to another entity in case of merger, reorganization, or sale of assets without our prior written consent. At our discretion, we may transfer or assign the Agreement and Contract Form over to another affiliate in case of the above situations or events.
- 8.5 No Third-Party Beneficiaries
- Nothing in this Agreement or in the Contract Form, express or implied, is intended to confer on any person or entity any right, benefit, or remedy of any nature whatsoever.
- 8.6 Authority
Each Party agrees that it has full power and authority to enter into this agreement legally and that it is binding upon each Party and enforceable by law.