Kodiak Solutions LLC Terms of Service

Last updated: December 2023

These Terms of Service govern your use of the website located at https://kodiaksolutions.io (the “site”) and any related services provided by Kodiak Solutions LLC.

By accessing the site, you acknowledge that you are at least 16 years old, are located in the U.S. and agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you are not at least 16 years old, do not reside in the U.S. or do not agree with these Terms of Service, you are prohibited from using or accessing this site or using any other services provided by Kodiak Solutions LLC.

We, Kodiak Solutions LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication (as indicated at the top of these Terms of Service). Your continued use of the site after such changes constitutes your acceptance of the amended Terms of Service. The amended Terms of Service supersede all previous versions.

Privacy

Please review our Privacy Policy which also applies to your use of the site.

Limitations of Use

By using this site, you warrant on behalf of yourself, your users and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this site;

  • remove any copyright or other proprietary notations from any materials and software on this site;

  • transfer the materials to another person or "mirror" the materials on any other server;

  • knowingly or negligently use this site or any of its associated services in a way that abuses or disrupts our networks or any other service Kodiak Solutions LLC provides;

  • use this site or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use this site or its associated services in violation of any applicable laws or regulations;

  • use this site in conjunction with sending unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use this site or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You are prohibited from violating or attempting to violate the security of the site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the site, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

Intellectual Property

The intellectual property in the materials contained in this site are owned by or licensed to Kodiak Solutions LLC and are protected by applicable copyright and trademark law. The materials contained in this site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. We grant our users permission to access, make use of and download one (1) copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a limited license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Kodiak Solutions LLC at any time. All rights not expressly granted herein are reserved to Kodiak Solutions LLC and our licensors.

Liability

Our site and the materials on our site are provided on an 'as is' and ‘as available’ basis. To the extent permitted by law, Kodiak Solutions LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property, or other violation of rights.

In no event shall Kodiak Solutions LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this site or the materials on this site, even if Kodiak Solutions LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect or incidental loss, special loss, punitive loss, exemplary loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential loss, these limitations may not apply to you.

Your sole remedy for dissatisfaction with the site or the materials contained in the site is to stop using the site. To the extent any aspects of the foregoing limitations of liability are not enforceable under applicable law, Kodiak Solutions LLC’s maximum liability to you with respect to your use of the site is one hundred dollars ($100). The foregoing limitations apply even if the remedies under these Terms of Service fail of their essential purpose.

Any claims arising in connection with your use of the site must be brought within one (1) year of the date of the event giving rise to such action occurred.

Indemnification

You agree to indemnify, defend and hold harmless Kodiak Solutions LLC and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms of Service or from our termination of your access to or use of the site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

Accuracy of Materials

The materials appearing on our site are not comprehensive and are for general information purposes only. Kodiak Solutions LLC does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials on this site, or otherwise relating to such materials or on any resources linked to this site.

Links

Kodiak Solutions LLC has not reviewed all of the third-party websites or online services linked to our site and is not responsible for the contents of any such linked website or online service. The inclusion of any link does not imply endorsement, approval or control by Kodiak Solutions LLC of the third-party website or online service. Use of any such linked website or online service is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those websites or online services. The information collected by such third-party websites or online services is not covered by our Privacy Policy.

Right to Terminate

We may suspend or terminate your right to use our site and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Waiver

No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any right.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.