The web site www.ketavera.com (the “Site” or the “Services”) are offered to you, the user (“you”, “your”, “yours”, or “user”), conditioned on your acceptance, without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms of Use”). Your use of the Services in any degree or capacity constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms of Use, you may obtain contact information at www.ketavera.com. Ketavera may amend these Terms of Use at any time by posting a revised version on the Site.
The Services are the property of Ketavera (“Ketavera”, “we”, “us”, or “our”) and its licensors. By using the Services, you agree to the Terms of Use; if you do not agree, do not use the Services in any way.
Ketavera reserves the right, at its sole discretion, to change, modify, add, and/or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to all the changes. As long as you comply with these Terms of Use, Ketavera grants you a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use the Services.
Minimum Age
You must be at least 13 years of age to visit, interact with, submit information to, post information on, or otherwise use the Services. If you are not at least 13 years of age, you cannot under any circumstance use the Services.
Content
All text, data, statistics, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, “Content”), including, but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content contained on the Site or mobile application is owned, controlled, or licensed by or to Ketavera and is protected by copyright, patent, and/or trademark laws and various other intellectual property rights. If you believe that Ketavera or any user of the Services has infringed your intellectual property rights in any material way, please contact us at ip@ketavera.com.
Your Use of the Services
Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, translated, republished, posted, publicly displayed, encoded, transmitted, altered, or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Ketavera’s express, prior, written consent. Under no circumstances may you, or any user or third-party on your behalf, utilize any spider, robot, crawler, deep-link, or other manual or automated methodology to copy, reproduce, harvest, scrape, aggregate, or otherwise collect any of the Content from the Site or the mobile application.
You agree that you will not take any action that imposes an unreasonable or disproportionately large bandwidth and/or processing strain on the infrastructure of the Site, Ketavera’s or its host’s systems or networks, or any systems or networks connected to the Site or to Ketavera. You agree not to use any device, software, and/or routine to interfere or attempt to interfere with the proper operation of the Services or with any other person’s use of the Services.
You may not use the Services or any part of the Content for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ketavera or others. Ketavera reserves the right, in its sole discretion, to immediately terminate your access to the Services without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to: bodily injury; property damage; lost revenue; lost profits; lost commercial opportunities; punitive damages; statutory damages; and attorneys’ fees, expert fees, consultants’ fees, court costs, litigation expenses, whether incurred in advance of a lawsuit, during or in connection with prosecuting or defending a lawsuit, after the entry of any judgment or order, and in connection with any appeal.
At any time, with or without notice, Ketavera reserves the right to do any or all of the following: 1) to alter, modify, suspend, or permanently terminate your access to the Services, for any reason whatsoever; 2) to alter, modify, suspend, or permanently terminate any of the Services’ features, services, policies, Content, or other content; and 3) to interrupt or discontinue normal operation of the Services to perform maintenance, corrections, or other repairs.
No Guaranty or Warranty
Ketavera does not guaranty any specific results or outcomes related to the use of the Services. The Services are provided to you only for informational purposes and for facilitating online product purchases.
The Services and the Content are made available on an “AS IS” AND “AS AVAILABLE” BASIS ONLY. Your use of the Services is entirely at your own risk. Ketavera makes no representations, guaranties, or warranties and disclaims all representations, guaranties, and warranties with respect to the Services and the Content, express and implied, written and oral, arising from course of performance, course of dealing, trade usage, and otherwise, including, but not limited to, the implied warranties of: merchantability; fitness for a particular purpose; title; accuracy; systems integration, quality, and non-infringement. Any and all information provided by Ketavera in connection with the Services is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is borne by you. Ketavera does not guaranty or warrant that the Content or other information in, on, or from the Services will be free of viruses or contamination or destructive features. You assume total responsibility for your use of the Services and any linked sites. Ketavera will not be liable for any loss or damage of any kind arising out, related to, or in connection with your use of the Services or your use of any products sold by Ketavera, including from overuse and/or misuse.
Ketavera will have no liability for any direct, indirect, general, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever including, but not limited to, lost revenues or lost profits, which may result or which actually do result from the use of, access to, or inability to use the Services and/or the Content, regardless of the underlying legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if legal or equitable remedies otherwise available fail for any reason whatsoever. Your sole remedy against Ketavera for any dissatisfaction with or any dispute regarding the Services and/or Content is to discontinue use of the Services and Content. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation of liability may not apply to you. In such jurisdictions, Ketavera’s liability is strictly limited to the greatest extent permissible by the law of those jurisdictions.
Indemnification
You shall indemnify and hold harmless Ketavera, and all its directors, officers, affiliates, agents, and employees (including Ketavera’s business affiliates, suppliers, and service providers) from any and all damages and claims, regardless of nature or legal theory, known or unknown, arising out, related to, or in connection with your use of the Services and/or the Content. This promise to indemnify Ketavera covers all claims brought by any person or entity against Ketavera for any type of damage including, but not limited to: bodily injury; property damage; lost revenue; lost profits; lost commercial opportunities; punitive damages; statutory damages; and attorneys’ fees, expert fees, consultants’ fees, court costs, litigation expenses, whether incurred in advance of a lawsuit, during or in connection with prosecuting or defending a lawsuit, after the entry of any judgment or order, and in connection with any appeal.
Information You Provide to Ketavera
Upon using the Services, you may be asked to disclose information about yourself. You may, from time to time, be able to save information on our system. By providing information to Ketavera, you are requesting, and you expressly consent to, being contacted by us if necessary. For complete details on our use of your information, please see our Privacy Policy, the entirety of which is made part of these Terms of Use and incorporated herein by reference as if fully set forth herein.
You guaranty that all information you provide to Ketavera will be accurate and up to date. If you provide any information that is untrue, out of date, or incomplete, or Ketavera has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, Ketavera has the right to declare you in violation of these Terms of Use. Should Ketavera determine that any information you provide to us is false, misleading, infringing on the rights (including intellectual property rights) of others, obscene, or otherwise inappropriate or improper, Ketavera reserves the right to remove said information without notice to the user that provided it and notify law enforcement authorities (if applicable and/or required by law). With respect to all information provided by you to Ketavera, you represent you have consent from the owner and/or creator of the information to do so.
Advertising
The Services may contain, from time to time, various forms of advertising and may use browser cookies or other tracking applications to collect and store certain non-personal usage information from you, none of which can be used in any way to identify you. You hereby consent to Ketavera’s use of advertising, browser cookies, and/or other tracking applications, and that use may include, without limitation, aggregation into reports, charts, or other compilations for internal and external use and sharing with third parties in various formats.
Links to Other Web Sites
The Services may, from time to time, contain links to third‑party web sites and/or mobile applications. These links are provided solely as a convenience to the Services’ users and visitors. Some third‑party sites may not be under Ketavera’s control. Ketavera does not verify, monitor, endorse, or accept any responsibility for any content or activity of any third‑party sites or applications. The responsibility of your visitation or use of any third‑party sites or applications is strictly your own.
Violation of These Terms and Conditions
In the event Ketavera determines that you have violated any of these Terms of Use, it reserves the right to conduct its own investigation using all information disclosed by you as well as all information available to Ketavera. In the event Ketavera determines a violation has occurred, it reserves the right to initiate any appropriate legal action in protection of its own rights and/or the rights of its owners, shareholders, subsidiaries, agents, and business partners. If Ketavera does initiate legal action against you, you will be responsible for, and agree to pay, all fees and costs (including reasonable attorneys’ fees) associated with such legal action to the same extent to which you have promised to indemnify Ketavera as stated in the indemnity section of these Terms of Use.
Ketavera may disclose any and all information provided by you as required by applicable Federal, State, and local laws, codes, regulations, and ordinances. Ketavera reserves the right to alter, modify, suspend, or permanently terminate your access to the Site if Federal, State, or local law requires such action.
General Provisions
This agreement represents the full and final agreement between Ketavera and you with respect to your use of the Services, and no effect shall be given to any prior writings or oral or written communications had. Should any court or other competent and authorized decision-making body adjudicate any part of this agreement void or unenforceable, the remainder of this agreement shall continue to operate and be fully enforceable. This agreement shall be interpreted, construed, and enforced under Illinois law with no effect being given to choice-of-law principles. You agree to submit to jurisdiction in Illinois and agree that any claim arising out of or related to these Terms of Use will be adjudicated solely via litigation in either the Circuit Court of Cook County, Illinois, or the U.S. District Court for the Northern District of Illinois, Eastern Division, in the United States of America. The failure or delay of Ketavera to take any legal action shall not operate as a waiver of any rights or any claim or other cause of action, and any defense of laches asserted by you shall be prohibited. The titles of each section of this agreement are displayed solely for the purposes of convenience to the reader and have no effect on the agreement.
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