Legals

Terms of Use

Terms of Use

Last Updated: April 30, 2024

Introduction

These Terms of Use (“Terms”) govern your access to and use of the website located at www.kearnstechnology.com (the “Website”) and the services provided by Kearns Technology Inc. (“Kearns Technology,” “we,” or “us”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

  1. Eligibility

The Website is intended for use by individuals who are at least 18 years old. By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

  1. Intellectual Property

The Website and all content, including but not limited to text, images, graphics, and software, are the property of Kearns Technology or its licensors and are protected by copyright, trademark, and other laws. You may not reproduce, modify, display, sell, or distribute the content without the prior written consent of Kearns Technology.

  1. User Conduct

You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not:

  • Use the Website to harass, abuse, or threaten others;
  • Use the Website to engage in any illegal or fraudulent activity;
  • Use the Website to infringe the intellectual property rights of others;
  • Use the Website to upload, post, or transmit any viruses, malware, or other harmful code;
  • Use the Website to interfere with or disrupt the operation of the Website or the servers or networks connected to the Website;
  • Use the Website to collect or store personal data about other users without their consent;
  • Use the Website to engage in any activity that violates these Terms or any applicable law or regulation.
  1. Accounts and Passwords

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password. You agree to notify Kearns Technology immediately of any unauthorized use of your account or password.

  1. Disclaimers and Limitations of Liability

The Website and all content are provided “as is” and “as available” without warranty of any kind. Kearns Technology disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Kearns Technology be liable for any damages, including but not limited to incidental, consequential, or punitive damages, arising out of or in connection with your use of the Website.

  1. Indemnification

You agree to indemnify and hold harmless Kearns Technology, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or in connection with your use of the Website or your violation of these Terms.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. However, for users accessing the Website from the United States, these Terms shall also be subject to the laws of the state of [insert state] and the federal laws of the United States applicable therein, and any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

  1. Changes to These Terms

Kearns Technology reserves the right to modify or update these Terms at any time without notice. Your continued use of the Website after the effective date of any changes to these Terms will constitute your acceptance of the revised Terms.

  1. Contact Us

If you have any questions or concerns about these Terms, please contact us at [insert contact information]. By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms.