Conditions of Use
Kudos reserves all copyrights related to the intellectual property represented and provided on the Website. Except as may be expressly authorized in writing by Kudos, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing Kudos hereby grants to you a license to view, download, and retain copies of this Website and materials published by Kudos on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
Use of this Website does not constitute any business, contracting or employee/employer relationship between the user and Kudos. Further, you agree that you will not use any part of this Website in such a way that suggests any type of relationship between Kudos and you or any entity related to you, unless you have received prior consent from Kudos. Except to the extent permitted by copyright law no copying or use of the material from this site is permitted except in accordance with this policy or any express and specific permission of Kudos.
Kudos reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Kudos or any of its respective employees, agents, officers, directors or third party service providers (collectively, “Kudos and Kudos Service Providers”) shall not be liable to you or any third party should Kudos exercise this right.
You represent and warrant that any information or materials you provide to Kudos or post on the Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. In addition you represent and warrant that you understand and accept the risks relating to the provision of information (including personal information) to Kudos. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website.
You agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) using the site for illegal or fraudulent purposes; c) using the site for transmitting, storing or distributing any material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, racist or in the absolute discretion of Kudos objectionable or inappropriate for this Website; d) transmitting material that contain computer programs or code of any nature that are designed to disrupt, destroy, harm, or damage the operation of the Website, Kudos any user or Kudos computer or hardware, damage in any way the workings of the internet in general, or to steal, copy or hold ransom the data or information of Kudos or any users.
Kudos reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials Kudos deems to be in violation of this policy.
Kudos makes reasonable efforts to ensure that the information provided through the Website is current and accurate. Kudos makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information and accepts no responsibility for information supplied by users or reproduced from 3rd parties or for any content or actions arising from any links or websites referenced on the Website.
Ownership of Intellectual Property
Kudos owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Kudos or any third party. If you provide material or post content onto the Kudos’s website you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto Kudos’ website you hereby grant to Kudos a nonexclusive, royalty free, perpetual, and irrevocable license which allows Kudos the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on our website and therefore have the authority to grant such a license. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any trade-marks or trade-names of Kudos. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Kudos or of third parties is strictly prohibited.
Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom Kudos has no control maintain the Linked Sites. Use of any linked site is entirely at your own risk. Kudos makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Kudos therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by Kudos of the linked site or any goods, services or information provided through such Linked Sites.
While Kudos encourages links to the Website, we do not wish to be linked to or from any third-party web site which may be damaging or detrimental to the activities, operations, credibility or integrity of Kudos. Kudos reserves the right to prohibit or refuse to accept any link to the Web site which contains or makes available any content or information that includes, without limitation, unlawful, threatening, abusive, racist, libelous, defamatory, obscene, vulgar, violent, pornographic, profane or indecent information of any kind. You agree to remove any link you may have to the Website upon the request of Kudos.
Compliance with Laws
You agree to use the Website and related services available on or through the Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations and that your use of the Website does not contravene any laws regulations to which you may be subject. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website or Linked Sites.
Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. Kudos DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kudos DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. Kudos DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. Kudos AND Kudos SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Kudos ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF Kudos, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF Kudos, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Kudos AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF Kudos POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
The laws of the Province of Nova Scotia and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Nova Scotia shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
This Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by Kudos from time to time without prior notice) constitute the entire agreement between Kudos and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by Kudos. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.