Terms and Conditions

If you live in the United States of America, the following Terms and Conditions apply to you: 

U.S.A. Terms and Conditions

Last updated: February 25, 2021

 

This KITO website is published by KITO LLC, KITO, a Indiana Business, with offices at 410 W Kirkwood Ave, suite D, Bloomington, IN, 47404, USA.

  1. Acceptance of Terms.

1.1 Overview.  The following terms and conditions (these “Terms”) govern all use by U.S. users or visitors of: (i) the KITO website, http://kito.online, (the “Website”); (ii) any and all services available on or through the Website or otherwise are provided by KITO, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with KITO online .The Services are owned and operated by KITO.  Please note that the Return Policy and Product Descriptions provide additional terms governing the purchase of products through the Services.

KITO provides the Services for your personal use.  By using the Services, you agree to these Terms.  Furthermore, these Terms hereby incorporate by reference our Privacy Policy .  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS (INCLUDING THE PRIVACY POLICY), THEN DO NOT USE THE SERVICES.

Modification.  KITO reserves the right to modify or change any of these Terms at any time.  It is your responsibility to check back periodically to ensure you are aware of any updates or changes.  Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.  If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

  1. Your Use of the Services.

2.1 The Services.  You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services. 

2.2 Modifications / Suspension of Services.  KITO reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice.  You agree that KITO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  1. Registered Users.

You are not obligated to register with us in order to access the Services.  However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”).  You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights.  You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account. 

As a Registered User, you are responsible for keeping your password secret and secure.  You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at info@kito.online.  WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

  1. Trademark Information.

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of KITO or its licensors or suppliers (collectively, the “Trademarks”).  The Trademarks may not be used to disparage or discredit KITO, any third party of KITO’s or any third party products or services, or in any manner (in KITO’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.

  1. Site Content

5.1 Ownership of Site Content.  You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by KITO in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  KITO may own the Site Content or portions of the Site Content may be made available to KITO through arrangements with third parties.

5.2 Your Use of Site Content.  KITO grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser.  The foregoing license is granted on the condition that you comply with the restrictions on use described in these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content.  You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of KITO or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.

  1. Third Party Links.

The Services may contain hyperlinks to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.

  1. Restricted Conduct.

Except as otherwise expressly authorized in these Terms, you agree not to use the Services to:

  • Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
  • Impersonate any person or entity, including without limitation any representative of KITO; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that KITO endorses any statement you make;
  • Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods;
  • Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
  • Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
  • Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
  • Violate any applicable laws or regulations; or
  • Assist or permit any persons in engaging in any of the activities described above.
  1. Indemnity.

You agree to defend, indemnify and hold KITO and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms.  KITO reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting KITO’s defense of such matter.

  1. Termination. 

9.1 Termination of Your Use of the Services.  KITO may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.  You agree that any termination of your use the Services may be affected without prior notice.  Further, you agree that KITO shall not be liable to you or any third party for any termination of your use or otherwise access to the Services. 

9.2 Survival After Termination.  The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 8 (Indemnity);  Section 10 (Disclaimer of Warranties);  Section 11 (Limitation of Liability);  Section 12 (Release); and Section 14 (Dispute Resolution).  Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.

  1. Disclaimer of Warranties.

THE SERVICES AND ALL CONTENT, OR ANY OTHER FEATURE OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  KITO DOES NOT GUARANTEE, REPRESENT, OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

KITO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  KITO MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  KITO IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE.

  1. Limitation of Liability.

KITO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND KITO’S REASONABLE CONTROL.   IN ADDITION, KITO IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND KITO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.  THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Disclaimer

Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of KITO LLC. (referred to as KITO) and any of its affiliates. They are neither a legal interpretation nor a statement of any KITO policy as the case may be. Neither KITO or the authors guarantee the accuracy or completeness of any information contained in any publication and neither KITO or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of KITO and/or the publisher. All rights reserved.  

  1. Release.

KITO AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE.  RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

  1. Choice of Law.

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Indiana, without regard to principles of conflicts of laws. 

  1. Dispute Resolution.

14.1 Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the Services and these Terms, including our U.S. Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at info@kito.online. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below.  Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

14.2 Arbitration.  If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and KITO each agree that any Dispute will be settled by binding arbitration, except that you and KITO each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights.  Any such small claims matter or action for injunctive or equitable relief shall be brought in the state courts of the State of Indiana or the United States District Court for the Southern District of Indiana, and you consent to the exclusive personal jurisdiction and venue in such courts. 

14.3 Scope of Arbitration.  The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

14.4 Class Action Waiver; Individual Arbitration.  You and KITO each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.  Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.  Further, unless both you and KITO otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void.  Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

14.5 Arbitration Rules.  The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section.  (The AAA Rules are available www.adr.org)  If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and KITO will pick another arbitrator pursuant to 9 U.S. Code § 5.

14.6 Arbitration Procedure and Location.  If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and KITO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and KITO agree otherwise.  If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules.  Any in-person arbitration hearing shall be conducted in Monroe County, Indiana unless you and KITO agree otherwise.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

14.7 Arbitrator’s Decision.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award.  Any award in arbitration shall determine the rights and obligations between the named parties only.  The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

  1. Contact Information

If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via info@kito.online.  Please do not include any sensitive information in your correspondence as emails may not be encrypted.