Kashmoo Terms of Service
Agreement Between Subscriber and Kashmoo, Inc.
The software and services (“the Service”) provided by Kashmoo, Inc (“Kashmoo”) and this web site ("Kashmoo.com") are offered to you, the subscriber (“Subscriber”), conditioned on your agreement and acceptance without modification of these Terms of Service. Use of the Service constitutes your agreement and acceptance of these Terms of Service.
Access to the Service
Subscriber is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Subscriber is responsible for those fees, including those fees associated with the display or delivery of advertisements, if any. In addition, Subscriber must provide and is responsible for all equipment necessary to access the Service.
Subscriber understands and agrees that the Service is provided "AS-IS" and that Kashmoo assumes no responsibility for the timeliness, deletion, missed delivery or failure to store any content, data, Subscriber communications or personalization settings.
Unless Kashmoo makes a specific exception or gives notice to the contrary, payment for subscription to the Service is by credit card and is billed on a monthly basis and is non-refundable. Prices are subject to change by Kashmoo in its sole discretion. The credit card that Subscriber provides to Kashmoo will be automatically and immediately billed. All currency references are in U.S. dollars.
Initial Fees and Subsequent Customization Fees
In addition to monthly usage fees, Subscriber may be charged a one-time non-refundable fee for setup, initial configuration, and/or activation of the Service for Subscriber. Subscriber may also be charged a non-refundable fee for training. Subscriber may be charged additional non-refundable fees for subsequent changes, setup, and/or configuration of the Service at Subscriber’s request.
Increase or Decrease of Login-ID’s
Subscriber may request an increase or decrease of the number of active login-ID’s to the Service. The change in charges will be reflected on subsequent billings on the normal monthly billing date. Additional login-ID’s will incur a monthly usage fee and may incur a one-time initial configuration fee, and training fees.
Suspension, Cancellation and Termination
If Subscriber's credit card is invalid for any reason, or Subscriber fails to make payment of the amounts due by the normal monthly billing date, then Kashmoo has the right to immediately suspend, cancel or terminate Subscriber's subscription to the Service, as well as any associated user login-ID's and passwords, and access to the Service, and to demand payment in full of any remaining charges for initial setup, training, configuration, and usage fees. Kashmoo has the right to refuse service to anyone for any reason at any time. Subscriber is solely responsible for properly cancelling Subscriber's account. Subscriber may cancel and terminate his subscription to the Service with 30 days advance written notice by regular postal mail or by email, and the cancellation will become effective on the next regular billing date. After proper notice of cancellation and when the monthly term ends, Subscriber will no longer have access to the Service and/or Kashmoo.com, and all information contained therein will be deleted by Kashmoo. Subscriber may request a temporary suspension of usage by giving 30 days advance written notice, and Kashmoo, in its sole discretion, may or may not allow such temporary suspension. Subscriber's information and data cannot be recovered once it has been deleted. Kashmoo accepts no liability for such deleted information or content.
Termination for Cause
Subscriber agrees that Kashmoo may, under certain circumstances and without prior notice, immediately terminate Subscriber’s Kashmoo.com account, any associated user login-ID’s and passwords, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental agencies, (c) a request by you, the Subscriber (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity by Subscriber. Termination of Subscriber’s Kashmoo.com account includes (a) removal of access to all offerings within the Service, including but not limited to Kashmoo.com mail and domains, if any, (b) deletion of Subscriber’s login-ID’s and passwords and all related information, and (c) barring further use of the Service. Further, Subscriber agrees that all terminations for cause shall be made in Kashmoo’s sole discretion and that Kashmoo shall not be liable to Subscriber or any third-party for any termination of Subscriber’s account or access to the Service.
Modifications to the Service
Kashmoo reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. Subscriber agrees that Kashmoo shall not be liable for any modification, suspension, or discontinuance of the Service.
Account Login-ID’s, Passwords, and Security
Subscriber has subscribed to use one or more login-ID’s and passwords, and can make them available to Subscriber’s employees, contractors, partners, and other such business associates (“Users”). Subscriber’s login-ID’s, passwords, and use of the Service are for use only by Subscriber and its Users and not for the general public. Subscriber agrees that it will not make any login-ID or password available to the general public without written authorization from Kashmoo. Subscriber is responsible for maintaining the confidentiality of all passwords and login-ID’s on its account, and is fully responsible for all activities that occur under any password or login-ID’s granted to Subscriber. Subscriber agrees that it will not, and that it will not allow any of its Users to, use any login-ID or password that Subscriber is not authorized or granted permission to use. Subscriber agrees to (a) immediately notify Kashmoo of any unauthorized use of any password or account login ID or any other breach of security, and (b) ensure that its Users exit from Subscriber’s account at the end of each session. Kashmoo cannot and will not be liable for any loss or damage arising from failure to comply.
No Unlawful or Prohibited Use
As a condition of use of this web site, Subscriber warrants to Kashmoo that this web site will not be used for any purpose that is unlawful or prohibited by these Terms of Service.
Conduct and Use of the Service
Subscriber understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Subscriber, and not Kashmoo, is entirely responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service by Subscriber’s Users. Kashmoo does not control the Content made available via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Subscriber understands that by using the Service, it is possible that Users may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kashmoo be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, entered, emailed, transmitted or otherwise made available via the Service. Subscriber agrees to indemnify, defend, and hold harmless Kashmoo and its suppliers from any and all loss, liability, and expense arising from or related to Subscribers data, Subscriber’s use of the Service, or Subscriber’s violation of these terms. Subscriber agrees that the Service will not be used to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, threatening, harassing, tortuous, infringing, obscene, indecent, hateful, or racially, ethnically, or otherwise objectionable or unlawful material or information.
• Harm minors in any way.
• Impersonate any person or entity, including, but not limited to, a Kashmoo official, or falsely state or otherwise misrepresent an affiliation with a person or entity.
• Upload data or files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless they own or control the rights thereto or have received all necessary consents.
• Upload data or files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
• Upload, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Forge headers, subject lines, or notes in order to disguise the origin of any Content transmitted through the Service.
• Falsify the origin or source of software or other material contained in data or a file that is uploaded.
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the other user’s ability to engage in real-time use of the Service.
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• Intentionally or unintentionally violate local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, and any regulations having the force of law.
• Download any data or file posted by another user that the User knows, or reasonably should know, cannot be legally distributed in such manner.
Subscriber acknowledges that some or all of its communications and data may be viewed by other Users who have access permission to do so. Further, Subscriber acknowledges that communications by Users are not endorsed by Kashmoo, and such communications may not be considered reviewed, screened or approved by Kashmoo. Kashmoo reserves the right for any reason to remove without notice any data or content uploaded, entered, or received from Users but is not required to do so. Kashmoo reserves the right to deny in its sole discretion any Subscriber access to Kashmoo.com communication features without notice.
Use and Storage
Subscriber acknowledges that Kashmoo may establish general guidelines and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any email message or uploaded file on the Service, the maximum disk space that will be allotted on Kashmoo’s servers on Subscriber’s behalf, and the maximum number of times (and the maximum duration for which) Subscriber’s users may access the Service in a given period of time. Subscriber acknowledges that Kashmoo reserves the right to log off users that are inactive for an extended period of time. Subscriber acknowledges Kashmoo’s right to log users off for the purpose of performing system maintenance and data backups. Subscriber further acknowledges that Kashmoo reserves the right to modify these general practices and limits from time to time.
Export Restrictions and Special Admonitions for International Use
Recognizing the global nature of the Internet, Subscriber agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Subscriber agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you, the Subscriber, reside. Subscriber acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. Subscriber agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Use of Software Available on this Site
Please note that all software, including without limitation all HTML code, ASP.net code, Java code, Java Script code, Active X controls, and any other source code (the “Software”) contained in this web site, used by this web site to deliver the Service, or downloaded from this web site, is owned by Kashmoo and/or its suppliers and is protected by copyright laws and international treaty provisions. The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Kashmoo and its suppliers and licensors, and accordingly Subscriber agrees not to (and agrees not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party, (2) modify, adapt, translate or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software’s files for use in other applications, or (5) remove, obscure, or alter Kashmoo’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service. Any reproduction or redistribution of the Software and any screen displays generated by the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Software that is made available for use of the Service, or to download from Kashmoo.com, is the copyrighted work of Kashmoo and/or its suppliers and licensors. Subscriber’s use of the Software is governed by these Terms of Service and the terms of the end user license agreement, if any, which accompanies or is included with any downloaded Software ("License Agreement"). Subscriber may not install or use any Software that is accompanied by or includes a License Agreement unless Subscriber first agrees to the License Agreement terms. For any Software not accompanied by a License Agreement, Kashmoo.com hereby grants to you, the Subscriber, a personal, nontransferable license to use the Software for viewing and otherwise using this web site in accordance with these terms and conditions, and for no other purpose; provided that the Subscriber does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code and/or screen displays, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software and/or the Service. Subscriber agrees not to modify the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Subscriber agrees not to access the Service by any means other than through the Customer Login interface that is provided at www.Kashmoo.com for use in accessing the Service.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT, IF ANY.
Kashmoo’s Proprietary Rights
Subscriber acknowledges and agrees that the Service and any necessary Software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber agrees that Kashmoo owns, or its suppliers or licensors own, all right, title, and interest in and to the Software and/or the Service, including without limitation all intellectual property rights. No implied licenses are granted by Kashmoo. Subscriber agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. From time to time Subscriber, or Subscriber’s Users, may make suggestions about the Software or the Service. Such suggestions may include but not be limited to (1) improvements, (2) comments, (3) requests for changes to a configuration, and/or (4) ideas about how to improve the Software or the Service (all collectively hereinafter referred to as “Suggestions”). Subscriber grants Kashmoo a perpetual, royalty-free, irrevocable, transferable license, with right to sublicense, to use and incorporate Subscriber’s (or any of Subscriber’s Users) Suggestions into the Software or Service (or third party software, content, or services), and to otherwise exploit such Suggestions without compensation to Subscriber or Subscriber’s Users.
Links to Third Party Sites
This web site may contain hyperlinks to web sites operated by parties other than Kashmoo.com. Such hyperlinks are provided for Subscriber’s reference only. Kashmoo.com does not control such web sites and is not responsible for their content. Kashmoo.com's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Kashmoo.com is not obligated to provide Subscriber with notice of changes to these Terms of Service. Kashmoo.com may provide Subscriber with notices, including those regarding changes to these Terms of Service, by email, or regular mail, or postings on the Service.
Kashmoo.com can be reached as follows:
By mail: Kashmoo, Inc., PO Box 202705, Austin, TX 78720.
By Phone: (888) 448-0101
By Fax: (512) 233-0566.
By email: CustomerService@Kashmoo.com
Copyright and Trademark Notices:
All contents of this web site are: Copyright © Kashmoo, Inc. and/or its suppliers. The Kashmoo.com logo, trademarks and service marks and other Kashmoo.com logos and product and service names are trademarks of Kashmoo.com and/or its suppliers. Subscriber agrees not to display or use in any manner the Kashmoo.com marks without Kashmoo’s prior written permission. Kashmoo.com, Kashmoo Scheduler, Kashmoo Manager, Kashmoo Flooring Software, Kashmoo Flooring Operating System, Kashmoo Flooring Professional, Kashmoo Flooring Essentials, Kashmoo Flooring Enterprise, Kashmoo FlooringSoft, FlooringSoft.com, and other names of Kashmoo products and/or services referenced herein are trademarks or registered trademarks of Kashmoo. Other product and company names mentioned herein may be the trademarks of their respective owners.
Modification of These Terms and Conditions
Kashmoo.com reserves the right to change the terms, conditions and notices under which the Software, the Service and this web site and are offered. These Terms of Service were last modified effective June 14, 2011.
No Third Party Beneficiaries
Subscriber agrees that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this Agreement.
DISCLAIMER OF WARRANTIES
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SOFTWARE OR THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KASHMOO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KASHMOO MAKES NO WARRANTY THAT THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KASHMOO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL AND/OR DATA. KASHMOO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER OR SUBSCRIBER’S USERS FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KASHMOO OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KASHMOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF KASHMOO AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY SUBSCRIBER TO KASHMOO FOR THE USE OF THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN KASHMOO AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO SUBSCRIBER WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND SUBSCRIBER AGREES THAT KASHMOO WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
SUBSCRIBER EXPRESSLY UNDERTANDS AND AGREES THAT KASHMOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE OR THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KASHMOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
This agreement is governed and construed by the laws of the State of Texas, U.S.A. Subscriber hereby consents to the jurisdiction of all federal and state courts in Texas, and agrees that venue shall lie exclusively in Travis County, Texas, U.S.A., unless another venue is chosen by Kashmoo. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Subscriber agrees that no joint venture, partnership, employment or agency relationship exists between Subscriber and Kashmoo as a result of this agreement or use of the Service.
Kashmoo's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kashmoo's right to comply with law enforcement requests or requirements relating to Subscriber’s use of this web site or information provided to or gathered by Kashmoo with respect to such use.
Subscriber acknowledges, consents, and agrees that Kashmoo may access, preserve, and disclose Subscriber’s account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce these Terms of Service, respond to claims that any Content violates the rights of third-parties, respond to Subscriber’s requests for customer service; or protect the rights, property, or personal safety of Kashmoo, its users, and the public. Subscriber acknowledges, consents, and agrees that Kashmoo may access Subscriber’s account information and Content for the purpose of replicating errors or problems that Subscriber notifies Kashmoo of, or for testing to verify that errors or problems in the Software or Service have been corrected.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the Subscriber and Kashmoo with respect to use of the Software and/or the Service and this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Subscriber and Kashmoo with respect to use of the Service or this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.