Terms and Conditions of Use

TERMS AND CONDITIONS OF USE

 

Welcome to KiwiSign.com. KiwiSign, IdeaSeat and/or its affiliates (“KiwiSign“) provide website features and other products and services to you when you visit KiwiSign.com, use KiwiSign products or services, use KiwiSign applications for mobile, or use software provided by KiwiSign in connection with any of the foregoing (collectively, “KiwiSign Services”). KiwiSign provides the KiwiSign Services subject to the following conditions.

By using KiwiSign Services, you agree to these conditions. Please read them carefully.

DESIGNER ETHICS

Any misrepresentation of user’s intent in creating a KiwiSign account or using KiwiSign services shall result in immediate termination of Account, forfeiture of any payments for KiwiSign Services, and possible legal action for misuse of KiwiSign Services.

PRIVACY

Please review our Privacy Notice, which also governs your use of KiwiSign Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any KiwiSign Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other KiwiSign Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any KiwiSign Service, such as text, graphics, scripts, web code, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of KiwiSign or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any KiwiSign Service is the exclusive property of KiwiSign and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any KiwiSign Service are trademarks or trade dress of KiwiSign in the U.S. and other countries. KiwiSign‘s trademarks and trade dress may not be used in connection with any product or service that is not KiwiSign‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KiwiSign. All other trademarks not owned by KiwiSign that may appear in any KiwiSign Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KiwiSign.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, KiwiSign or its content providers grant you a limited, non-exclusive, license to access and make use of the KiwiSign Services. Commercial resellers must sign up for a KiwiSign account and notify KiwiSign of their intent to transfer, sublicense or resell KiwiSign Services to third parties in order to qualify to do so. Users, apart from Commercial Resellers who register as such, are not permitted to transfer, sell, or sublicense any KiwiSign Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any KiwiSign Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by KiwiSign or its licensors, suppliers, publishers, rightsholders, or other content providers. No KiwiSign Service, nor any part of any KiwiSign Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KiwiSign. 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 KiwiSign without express written consent. You may not use any meta tags or any other “hidden text” utilizing KiwiSign‘s name or trademarks without the express written consent of KiwiSign. You may use the KiwiSign Services only as permitted by law. The licenses granted by KiwiSign terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

When you sign up to use KiwiSign’s services, you will have access to your own personal dashboard, on which you will be able to see the number of Kiwis in your account, manage your account, and add the Kiwis that you wish to connect with a KiwiSign product.  If you use any KiwiSign Service, you are responsible for maintaining the confidentiality of your 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. KiwiSign reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. KiwiSign reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant KiwiSign a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KiwiSign and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KiwiSign for all claims resulting from content you supply. KiwiSign has the right but not the obligation to monitor and edit or remove any activity or content. KiwiSign takes no responsibility and assumes no liability for any content posted by you or any third party.

PRICING, REFUNDS,

KiwiSign Services are sold by purchasing subscriptions, as specified on the KiwiSign website.  The total price that is billed to your account will include the price of the package you purchase, and any applicable sales tax.  Sales tax is collected based on the bill-to address and charged at the rate applicable at the time of billing.  KiwiSign charges sales tax only where required by law.

All sales are final. In the event of a termination of services, KiwiSign shall not issue a refund for unused services or remaining license term.

KiwiSign Services may also include the granting of licenses that last for a fixed period of time. KiwiSign shall automatically renew the licenses and charge the applicable license rate automatically, unless the license is canceled prior to the expiration date.

KIWISIGN SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with KiwiSign Services (the “KiwiSign Software”).

  1. Use of the KiwiSign Software. You may use KiwiSign Software solely for purposes of enabling you to use the KiwiSign Services as provided by KiwiSign, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the KiwiSign Software into your own programs or compile any portion of it in combination with your own programs.. You may not use the KiwiSign Software for any illegal purpose. We may cease providing any KiwiSign Software and we may terminate your right to use any KiwiSign Software at any time. Your rights to use the KiwiSign Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms, including any use of the KiwiSign Services in order to redirect to sites that intentionally harm another’s business . Additional third party terms contained within or distributed with certain KiwiSign Software that are specifically identified in related documentation may apply to that KiwiSign Software (or software incorporated with the KiwiSign Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any KiwiSign Service is the property of KiwiSign or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the KiwiSign Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the KiwiSign Software, whether in whole or in part, or create any derivative works from or of the KiwiSign Software.
  4. Updates. In order to keep the KiwiSign Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the KiwiSign Software. If you are a U.S. Government end user, we are licensing the KiwiSign Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the KiwiSign Software are the same as the rights we grant to all others under these Conditions of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE KIWISIGN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIWISIGN SERVICES ARE PROVIDED BY KIWISIGN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KIWISIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KIWISIGN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIWISIGN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIWISIGN SERVICES IS AT YOUR SOLE RISK.

KIWISIGN DISCLAIMS ANY KNOWLEDGE OR INFORMATION ABOUT THE ACCURACY OF THE ACCOUNT STATUS OF ANY THIRD PARTY SITE TO WHICH USER APPLIES KIWISIGN SERVICES OR COMMERCIALLY RESELLS TO THIRD PARTIES NOT IN PRIVITY TO THIS AGREEMENT.  ALL SUCH INFORMATION IS HELD SOLELY BY THE USER.  USER AGREES TO INDEMNIFY AND HOLD HARMLESS KIWISIGN IN ANY ACTION BROUGHT FOR USE OR MISUSE OF KIWISIGN SERVICES IN CONNECTION WITH THIRD PARTIES WITH A RELATIONSHIP TO USER.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIWISIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIWISIGN DOES NOT WARRANT THAT THE KIWISIGN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KIWISIGN SERVICES, KIWISIGN‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KIWISIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIWISIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KIWISIGN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KIWISIGN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any KiwiSign Service, or to any products or services sold or distributed by KiwiSign or through KiwiSign.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address, KiwiSign, Inc. at PO Box 455 Dyer, IN 46311 . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any KiwiSign Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KiwiSign.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of KiwiSign Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.