Site Terms Policy
Last Updated: February 23, 2022
These Terms and Conditions of Use (the “Site Terms”) govern your access to, and use of, the K16 Solutions Inc. website currently located at https://www.k16solutions.com/, and all associated sites linked to https://www.k16solutions.com/ by K16 Solutions Inc. (collectively, the “Website”). The Website is the property of K16 Solutions Inc. (“K16,” “we” or “us”). Users may be referred to in these Site Terms as “you” and “your”. You and K16 may be individually referred to in these Terms as a “Party” and collectively as the “Parties.”
BY ACCESSING, USING OR COPYING ANY MATERIALS FROM THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE SITE TERMS AND THE OTHER POLICIES AND AGREEMENTS APPLICABLE TO THE WEBSITE AS DESCRIBED BELOW. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THESE SITE TERMS, POLICIES AND AGREEMENTS, YOU MAY NOT USE, AND MUST IMMEDIATELY CEASE USING, THE SITE.
1. The Policies and Agreements
If you sign-up for any services offered for purchase by K16 (“Services”), you will also be subject to certain additional terms and/or agreements applicable to the Services (collectively, the “Terms”). In the event of a conflict between these Site Terms and the Terms, the Terms control.
2. Use of the Website
2.1 Website Content
The Website contains a variety of resources and information including the following: product and service descriptions, text, graphics, images, video, audio, trademarks, logos, diagrams, artwork, FAQs, news and press releases, documents, blogs, software (collectively the “Website Content”); and areas to interact with the Website such as contact forms (collectively, the “Contact Services”).
If you use the Website, you are responsible for maintaining the confidentiality of your K16 account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. K16 reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
2.3 User Content
You may be permitted to submit, contribute, or make available to K16 (hereinafter, “submit”) contact and employer information, content or materials (collectively, “User Content”) on or through the Website.
You are solely responsible for any User Content that you submit, including its legality, reliability, accuracy and appropriateness. K16 is not responsible for (and has no liability with respect to) any User Content. You represent and warrant that you own or control all rights in and to the User Content that you submit and have the right to grant K16, its affiliates, and other users, the licenses granted in Section 5 (Intellectual Property) below. User Content you submit must not include third party intellectual property (such as copyrighted material) unless you have the permission from that party or are otherwise legally entitled to do so. You represent and warrant that all of your User Content does and will comply with these Site Terms, and you agree to defend, indemnify and hold K16 and its affiliates and licensors harmless for any breach of that representation and warranty.
You agree not to:
- Use the Website for any unlawful or fraudulent activities.
- Use the Website for competitive analysis or to build competitive products.
- Use the Website to publish, post or store other people’s or entities’ private or personal information without their express authorization.
- Use the Website to send of unsolicited communications, promotions, advertisements, or spam.
- Probe, scan, or test the vulnerability of any K16 system or network or breach or circumvent any security or authentication measure.
- Access the Website by any means other than by using the interfaces provided for your authorized use by K16 (for example, “scraping”).
- Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time).
- Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website.
- Rent, lease, distribute, sublicense, or otherwise provide access to the Website to an unauthorized third party.
- Impersonate another person or entity or misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
2.4 Please Notify Us
If you become aware of any violation of these Site Terms by any person, including other users or third parties, you must immediately contact us at our security page.
3. Third-Party Services
From time to time, K16 may offer to you the ability to access, or the Website may be integrated or interact with or incorporate, third party applications, links, websites, and services (“Third-Party Applications”) to make the Website or if you are a customer, K16’s software and/or services, available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies. Your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that K16 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications, nor does K16 warrant the compatibility or continuing compatibility of the Third-Party Applications with the Website.
4. Intellectual Property
4.1 The Website
The Website in its entirety including the Website Content, is owned by K16 or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. K16 grants you a limited license to access and make personal use of the Website only for legitimate business purposes related to your role as a current or prospective customer or partner of K16, and not to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of K16. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of K16. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of K16 without express written consent. You may not use any meta tags or any other “hidden text” utilizing K16’s name or trademarks without the express written consent of K16. Any unauthorized use terminates the permission or license granted by K16.
“K16,” “K16 Solutions,” and all K16 graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of K16 in the U.S. and/or other countries. K16’s trademarks and trade dress may not be used in connection with any product or service that is not K16’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits K16. All other trademarks not owned by K16 that appear on this Website are the property of their respective owners, who may or may not be affiliated with or connected to K16. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website, so long as the link does not portray K16, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any K16 logo or other proprietary graphic or trademark as part of the link without express written permission.
4.2 User Content
You grant K16 a worldwide, non-exclusive license to host, copy, process, transmit, and display User Content solely for the purpose of K16 providing the Website in accordance with these Site Terms.
Subject to the limited license granted above, the user retains all right, title, and interest, including all related intellectual property rights, in and to the User Content.
4.3 Feedback and Suggestions
K16 shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website.
5. Disclaimer of Warranties
K16 DISCLAIMS ALL WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, K16 PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE. IN ADDITION, K16 MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, THIRD PARTY SERVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WEBSITE, AND K16 IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM K16 SHALL CREATE ANY WARRANTY ON BEHALF OF K16. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
K16 does not warrant that any aspect of the Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures on your end to satisfy your specific requirements for anti‑virus protection and for maintaining data backups, etc. K16 WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE.
To the maximum extent permitted by applicable laws, Parties agree to defend, indemnify and hold each other’s affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from violation of these Site Terms, use of the Website, or use of User Content in accordance with these Site Terms. Each Party will be entitled to participate in the defense and settlement of the claim or action with counsel of its choosing. Neither Party may not settle any claims without other Party’s prior written consent (which will not be unreasonably withheld).
7. Limited Liability
K16’s total liability to you under these Site Terms for damages, costs, and expenses will not exceed $100. Notwithstanding the foregoing, nothing in these Site Terms removes or limits K16’s liability for fraud, death or personal injury caused by its own gross negligence.
NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY HEREIN, IN NO EVENT WILL K16 OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE COVERED PARTY HAS BEEN ADVISED BY K16 OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND K16 AGREE TO THIS LIMITATION EVEN IF THE REMEDY FOR ANY BREACH OF THIS CONTRACT FAILS OF ITS ESSENTIAL PURPOSE.
8. Governing Law and Jurisdiction
These Site Terms will be governed by and construed in accordance with the laws of the state of California. The Parties agree that any disputes will be brought and maintained exclusively in the federal and state courts in Santa Clara County, California.
We reserve the right to make changes to the K16 Site, these Site Terms and the Policies from time-to-time. We will post the revised terms to the Website with a “last updated” date. We will also notify you of any material updates to these Site Terms or Policies through the Website. If you continue to use the services after the revisions take effect, you agree to be bound by the revised terms. You agree that we shall not be liable to you or to any third party for any modification of the Site Terms.
You can stop accessing or using the Website at any time and without notice to us. Similarly, we may terminate your access to the Website or stop offering the all or part of the Website at any time without notice. Such termination will not relieve either Party of any obligations under these Site Terms which are expressly or by implication intended to survive termination.
These Site Terms, the Policies, and if you sign-up for any K16 Services, the Terms, constitute the entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings and agreements with respect to the Website. The failure to exercise any right provided in these Site Terms by a Party will not be a waiver of prior or subsequent rights by such Party. If any provision of these Site Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and the Parties will, in good faith, attempt to modify the invalid provision so it becomes a valid provision.
You agree to receive electronically all communications, agreements, and notices that we provide in connection with the Website (“Communications”), including by email or by posting them to our Website. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing.
12. Contact Us
If you have any questions about these Site Terms, please contact us at our security page.