KendallTodd Security Planning
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line through a secure site. KendallTodd takes care to reinforce the importance of our web site visitors' security and privacy among our employees. We are constantly re-evaluating and deploying new technologies to enhance our security. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'. To learn more about SSL, follow this link http://www.netscape.com/eng/ssl3/. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices and servers. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All of our software is up-to date with the latest security patches. We encrypt all data sent across networks. We restrict access to our merchant's Internet site data and procedures on a need-to-know basis. We do not use vendor-supplied defaults for system passwords or other security parameters. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
KendallTodd provides users the opportunity to opt-in and opt-out of receiving communications from us. This is made available during sign-up for our e-mail lists and in all e-mail messages delivered from our company, or you can email us at firstname.lastname@example.org. Once a user opts-out, the user will no longer receive future communications from the subscriber of our service.
Notification of Changes
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.