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KontrolFreek Terms and Conditions

1. Our Details and Terms

These Terms of Use (“Terms”) are a legal agreement between you (the “Customer”) and KontrolFreek and govern your use of this Website either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. KontrolFreek reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.

KontrolFreek has a principal place of business at 2020 Howell Mill Road, NW Suite C-119, Atlanta, GA 30318. Our UK VAT registration number is 237142817. Use our online contact form to ask specific questions about KontrolFreek.

The effective date of these Terms is May 25, 2018.

BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE SERVICE. WE RECOMMEND THAT YOU PRINT OFF A COPY OF THESE TERMS OF USE AND ANY FUTURE VERSIONS IN FORCE FROM TIME TO TIME FOR YOUR RECORDS.

 

2. Modifications to these terms 

KontrolFreek may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.

 

3. Changes to this website

In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that KontrolFreek makes such changes, these Terms shall apply to the new services and to any changes to existing services.

 

4. User information

Most of our services do not require any form of registration, allowing you to visit our site without providing any information. However, to use certain parts of this Website (including creating a user account, processing an order as a guest, choosing to sign-up for our email list, or taking part in any promotional activities), you may be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You agree to notify KontrolFreek immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by KontrolFreek or any other user of or visitor to this Website due to the use of your KontrolFreek ID, password, or account by another person.

In order to create an account or provide any personal information to KontrolFreek, you must be at least 16 years of age, or, if you have parental consent, at least 13 years of age in all Authorized Jurisdictions ("Minimum Age"). KontrolFreek shall implement additional safeguards for the personal data of minors as further described in Section 17 of these Terms. Account services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 16 years of age; (c) you have all the applicable rights and authority to grant KontrolFreek the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not create an account or provide any personal information to KontrolFreek.

You may not use anyone else’s KontrolFreek username, password, or account at any time without the express permission and consent of the holder of that KontrolFreek ID, password, or account. KontrolFreek cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Privacy policy

KontrolFreek respects your privacy and takes care to protect the personal information you provide to us. Please review our full privacy policy here.

 

6. Notification of Personal Data Breach

KontrolFreek has security measures in place to protect the loss, misuse, and alteration of the information under KontrolFreek's control. These security measures are described in our privacy policy. KontrolFreek has assessed the nature, scope, context and purpose of processing your personal data in determining the appropriate measure of security measures to implement, including an assessment in accordance with the GDPR where applicable.

Although KontrolFreek has taken the steps described in our privacy policy, and as required by the GDPR, to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, KontrolFreek does not guarantee that the personal information you provide will not be intercepted by others and decrypted; however KontrolFreek shall implement approriate security measures to safeguard your personal information as further described in Section 17 of these Terms.

KontrolFreek operations staff is instructed on responding to incidents where handling of personal data may have been unauthorized.

KontrolFreek shall notify the Customer immediately after becoming aware of a personal data breach. KontrolFreek shall promptly investigate any security breach and will work with the appropriate technical teams and, where necessary, with outside law enforcement, to respond to the incident and take reasonable measures to identify its root cause(s) and prevent a recurrence. As information is collected or otherwise becomes available, unless prohibited by law, KontrolFreek will provide affected parties with a description of the security breach, the type of data that was the subject of the breach, and other information the Customer may reasonably request concerning the breach. The goal of the incident response will be to restore the confidentiality, integrity, and availability of the Services environment, and to establish root causes and remediation steps.

 

7. Content

All text, graphics, user or visual interfaces, trademarks, logos, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by KontrolFreek. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), KontrolFreek hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.

Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of KontrolFreek and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without KontrolFreek’s express prior written consent.

 

8. Posting of user content

Certain areas of this Website may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.

KontrolFreek does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant KontrolFreek, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website, KontrolFreek products and/or services, and that KontrolFreek will own all intellectual property that we create based upon or incorporating your feedback.

No unlawful or prohibited use

While using this Website, you may NOT do the following:

  • Restrict or inhibit any other user from using and enjoying this Website
  • Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind
  • Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations
  • Use the “KontrolFreek” names, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with KontrolFreek
  • Pretend that you are, or that you represent, someone else or impersonate any other person or entity
  • Invade the privacy or violate any personal or proprietary right of any person or entity
  • Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by KontrolFreek), or engage in spamming, phishing, or denial of service attacks
  • Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
  • Use the Website to generate traffic for other sites
  • Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
  • Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder
  • Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without KontrolFreek’s prior written consent, as this Website is protected under U.S. and international copyright laws
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or KontrolFreek’s systems or networks, or any systems or networks connected to this Website or to KontrolFreek
  • Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KontrolFreek on or through this Website or any service offered on or through this Website
  • Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
  • Post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component
  • Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

 

9. Links to third party websites and services

In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of KontrolFreek. KontrolFreek is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. KontrolFreek is providing these links to you only as a convenience, and the inclusion of any link does not imply that KontrolFreek endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by KontrolFreek. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not KontrolFreek, is responsible for the performance of the third-party services or products.

  

10. No duty to monitor

KontrolFreek shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, KontrolFreek is not responsible for any failure or delay in removing content, unless the removal of such content is required to protect your personal data as required by applicable law.

 

11. Procedure for making claims of copyright infringement

At KontrolFreek, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide KontrolFreek’s copyright agent with the following information:

  • A full description of the copyrighted work or other intellectual property that you claim has been infringed
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • A description of where the material that you claim is infringing is located on this Website
  • Your name, address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf

KontrolFreek’s agent can be reached through any of the contacts listed below:

By mail:

KontrolFreek Violations 

2020 Howell Mill Road,

NW Suite C-119

Atlanta, GA 30318 

(888) 529-1543

By e-mail:

Violations@kontrolfreek.com

Inquiries that are not relevant to the claim of copyright infringement will not receive a response.

 

12. WARRANTY DISCLAIMER 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND KontrolFreek AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. KontrolFreek DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. KontrolFreek AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. KontrolFreek CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, KontrolFreek IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY KontrolFreek, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.

 

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KontrolFreek (OR KontrolFreek’s OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF KontrolFreek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL KontrolFreek AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO KontrolFreek DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions, such as New Jersey, do not allow these limitations, so the above limitations do not apply in New Jersey and may not apply in your jurisdiction.

 

14. Indemnification 

You shall indemnify, defend, and hold harmless KontrolFreek, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions that arise from your wrongful use of this Website in violation of these Terms or applicable law KontrolFreek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of KontrolFreek’s own negligence, fraud, willful injury or willful violation of law.

 

15. Disclosure of use

KontrolFreek may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Website or any services made available on this Website if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of this Website, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of KontrolFreek, its employees, and visitors to or users of this Website, including KontrolFreek’s customers, and the public. Notwithstanding the foregoing, KontrolFreek shall not disclose your personal data without your authorization unless permitted by applicable law.

KontrolFreek reserves the right at all times to disclose any information that KontrolFreek deems necessary to comply with any applicable law, regulation, legal process, or governmental request KontrolFreek may also disclose your information when KontrolFreek determines that applicable law requires or permits such disclosure.

 

16. Termination

You agree that KontrolFreek may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. 

In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by KontrolFreek, your sole remedy is to terminate this agreement.

If KontrolFreek does take any legal action against you as a result of your violation of these Terms of Use, KontrolFreek will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to KontrolFreek. You agree that KontrolFreek will not be liable to you or to any third party for termination of your access to the Website.

 

17. General Data Protection Regulation

KontrolFreek makes the following commitments in compliance with the GDPR and Applicable Law. For the purposes of this section, certain capitalized terms shall have the same meaning as set forth in the GDPR. 

KontrolFreek shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. In assessing the appropriate level of security, account shall be taken of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed. 

KontrolFreek shall take steps to ensure that any natural person, affiliate, contractor or Subprocessor acting under the authority of KontrolFreek who has access to your Personal Data does not process such data except on instructions from you, unless he or she is required to do so by Applicable Law. KontrolFreek shall notify you without undue delay after becoming aware of a Personal Data breach as required by Article 33(2) of the GDPR. KontrolFreek shall ensure that such natural person, affiliate, contractor or Subprocessor shall keep your Personal Data confidential.

Upon your request, KontrolFreek shall grant you access to any of your personal data in our control. We will make sure to provide you with a copy of your personal data under our control. In the event that any information under our control is incorrect, KontrolFreek shall promptly correct such information. Upon your request, or upon termination of this agreement, KontrolFreek shall return to you or destroy any copies of your personal data under our control.

  

18. Governing law

These Terms and your use of this Website will be governed by the laws of the United States and by the laws of the State of Georgia, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Fulton County, Georgia; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.

 

19. Miscellaneous

KontrolFreek may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of KontrolFreek to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and KontrolFreek regarding this subject matter, and they govern your use of this Website. The failure of KontrolFreek to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Regardless of any statute or law to the contrary, except in New Jersey, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, unless another such period is prescribed by applicable law.

This site is owned and operated by KontrolFreek.