Terms of Service
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.
Mobile Terms of Service
The KendallTodd mobile message service (the "Service") is operated by KendallTodd, Inc. (“KendallTodd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to KendallTodd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KendallTodd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with KendallTodd. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18335742472 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other KendallTodd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18335742472 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
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.