KendallTodd Privacy Statement
The following discloses our information gathering and usage practices for the KendallTodd website. The KendallTodd site offers several opportunities for visitors to register for promotional and informational mailings or to receive assistance in evaluating our software and services. We use this contact information to send users information about our company and its products and services. Users may opt-out of receiving future mailings at any time using our convenient opt out control panel at the bottom of every email. KendallTodd is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. KendallTodd collects information from our users at several different points on our website. The transmission of unsolicited commercial e-mail, or Spam, is expressly forbidden by KendallTodd.
We use your IP address to help diagnose problems with our server and to administer our web site. We also track browser types to help us understand our visitors' needs related to our web site design. IP addresses are not linked to personally identifiable information. Our site's optional information request forms require your name, company, e-mail address, as well as information to help us determine your needs related to our solution. We use this information to send updates about our company and contact you if requested or necessary. You may opt-out of receiving future mailings; see the choice/opt-out section below. When you receive an updated profile form, that information comes from our database of the information you have provided us when you registered for the site, or from your subsequent updates of your personal information.
Client-side cookies are used to verify the login status of customers using products or services linked directly with our website. Client-side cookies are also used to track point of entry to point of registration for those users participating in our affiliate signup programs or to track and measure the success of a particular marketing campaign. Usage of a cookie is in no way linked to any personally identifiable information while on our site. All set cookies are temporary; once the user closes their browser, the cookie simply terminates. If a user rejects the cookie, they may still use our site; however, the user may be limited to the access of some areas within our website. A cookie is a piece of data stored on the user's computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to sign-up as a KendallTodd member. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information unless necessary to enable our Web-based service for the end user.
Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) only for formatting purposes, and do not track any site activity. Clear Gifs can "work with" existing cookies on a computer if they are both from the same Web site or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear gif, the Web would match the clear gif's identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. In addition, we use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your request for information.
In the event KENDALLTODD goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified via email or prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. KendallTodd will automatically enroll the friend as a subscriber for the site of the originating party. KendallTodd stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact KendallTodd at email@example.com to request the removal of this information from our database, or they may use the OptOut features provided with that email and any and all future emails send to the member.
KendallTodd Software and Systems License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR USE OF THIS SOFTWARE and SYSTEMS AND CONTENT GENERATED THROUGH THIS SOFTWARE MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS HEREIN.
This software is owned by KendallTodd, Inc., ("KendallTodd") which owns, controls or has legal permission to license the software, its code and all of the output generated by the software and used in conjunction with presentation of such output (“Software”). If you do not agree with the terms and conditions herein you should not continue to download this.
TERMS AND CONDITIONS
User may use the Software based on the EMAIL ADDRESS used during the User sign-up process. Software downloaded by you from the KendallTodd web site is licensed for your individual usage only. User may not sublicense or otherwise make the Software available to others for their use. The Software downloaded by you may not be utilized on more than one computer owned by User at the same time, by any non-user, or on any network server unless a network version has been purchased from KendallTodd. User may not use the KendallTodd trademark, or KendallTodd copyrighted materials except as may be set forth in this license. You will be charged a monthly subscription fee determined by KendallTodd, Inc. or its affiliates. This charge could begin immediately, or if on a Trial, the monthly subscription fee will begin at the end of your free trial period (usually 21-days). Per your original Registration for the trial, you may cancel at any time prior to the 21-Day period and you will incur no charges. After the 21-Day Trial expires you begin a month-to-month subscription that you may cancel at any time. Emails or calls do not constitute a cancellation. Cancellation is available at any time by clicking the Billing tab at the top right of your software, and choosing the Cancellation option. You will receive no further charges, and you will not be entitled to any prorata refund of any partially used month.
User hereby acknowledges that the Software is and shall remain the property of KendallTodd and that, except as expressly provided for in this Agreement, no right is granted to User to (i) copy the Software, (ii) modify the Software or merge or utilize all or any part of the Software with or into any other computer program, or (iii) redistribute, sell, compile, reverse compile, disassemble or reverse engineer the Software for any reason whatsoever.
COPYRIGHT AND NOTICE
THE SOFTWARE AND CONTENT ARE COPYRIGHTED BY AND BELONG TO KENDALLTODD AND EXCEPT AS PERMITTED BY THIS AGREEMENT, USER SHALL NOT ALTER OR REMOVE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICES OF KENDALLTODD ON, STATED IN OR AFFIXED TO THE CONTENT.
This Agreement and the rights granted in this Agreement are effective until terminated. User may terminate this Agreement voluntarily at any time or by not renewing this annual agreement. If User transfers possession of any Software without the express written consent of KendallTodd or otherwise fails to abide by the terms hereof, this Agreement shall be automatically terminated and User shall immediately forfeit any right to the continued utilization of the Software. User does hereby agree to indemnify and hold harmless KendallTodd from any and all costs, expenses, claims, losses, causes of action, judgments, and/or awards arising from and/or in connection with User's breach of this Agreement, including all reasonable attorney's fees, interest, court costs and consequential and incidental damages. The revocation of this Agreement pursuant to these terms shall not result in the refund of any monies paid by User.
DISCLAIMER OF OTHER WARRANTIES
KENDALLTODD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH KENDALLTODD HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON KENDALLTODD’S LIABILITY
IN NO EVENT SHALL KENDALLTODD BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT, INCLUDING, WITHOUT LIMITS, LOST PROFITS OR REVENUES, EVEN IF KENDALLTODD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by an authorized officer of KendallTodd, or such as may be published on this software by KendallTodd.
No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver by KendallTodd, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of North Carolina. User does hereby consent to the exclusive jurisdiction and venue of the federal and state courts in Raleigh, North Carolina for resolution of any dispute arising from and/or in connection with this Agreement.