Kepler Website Terms of Use

Last updated August 9, 2018

 

Ownership and Operation

These terms of use are entered into by and between You and Kepler (“Kepler” or “we” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms”), govern your access to and use of this website, and all its subdomains as well as mobile applications, owned, operated or maintained by Kepler (collectively the “Website”) and any content, functionality, and services offered on or through the Website (collectively, the “Service’).

 

Acceptance of the Terms

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.kepler.org/privacy-policy/ , incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any Service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

 

To access the Website or some of the resources it offers, including the Student Portal, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.kepler.org/privacy-policy/ , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Continuing Agreement

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this page, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), you understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modifications.

 

Ownership and Use of the Service and Kepler Content

As between Kepler and you, Kepler, its licensors, or other providers, are the owners of all content on the Service, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Service (“Kepler Content”). The contents of the Service and the Kepler Content are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

Except as otherwise provided in these Terms, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Kepler Content or any portion thereof, for any purpose. You may download, print and store selected portions of the Kepler Content, provided you (1) only use these copies for your own personal, non-commercial use, (2) do not copy or post Kepler Content on any network computer or broadcast the content in any media (unless as permitted by any provided social media features), and (3) do not modify or alter the Kepler Content in any way, or delete or change any copyright or trademark notice. You may not use such materials for any commercial purpose.

 

Privacy

For information on how Kepler uses and protects the personal information you may provide on this Service, please read the Kepler Privacy Policy [https://www.kepler.org/privacy-policy/ ]. The Privacy Policy is incorporated into these Terms and explains Kepler’s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

 

Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party websites that are not operated by Kepler (“Third Party Site(s)”). Kepler has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Kepler may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Kepler to, or an endorsement by Kepler of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Kepler is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

 

If you determine to share any information about any Kepler products through a social network platform, including through links provided by Kepler through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

 

DISCLAIMERS

THE WEBSITE AND ALL CONTENT CONTAINED THEREIN (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEPLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KEPLER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. KEPLER UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

 

AS TO THE OPERATION OF THIS SERVICE, KEPLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KEPLER MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT KEPLER) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL KEPLER, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “KEPLER PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE KEPLER PARTIES SHALL NOT BE LIABLE EVEN IF KEPLER OR A KEPLER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

 

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.

 

INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR BREACH OF THESE TERMS AND CONDITIONS. YOU WILL NOT SETTLE ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU WITHOUT OUR EXPRESS WRITTEN CONSENT. AT OUR DISCRETION AND EXPENSE, BUT WITH YOUR FULL COOPERATION, WE MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

 

Copyright Agent

Kepler maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  If you believe any materials accessible on or from our Service infringe your copyright, you may request removal of those materials from the Service by contacting Kepler’s copyright agent with the following Notice, which shall include each of the following:

 

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

Matthew C. Wagner 
Diserio Martin O’Connor & Castiglioni LLP

One Atlantic Street

Stamford, CT 06901

phone: 203-358-0800

fax: 203-348-2321

e-mail: mwagner@dmoc.com

 

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

 

Applicable Law; Jurisdiction

These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of Massachusetts, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Massachusetts state or federal courts, as applicable and Kepler and you hereby accept and submit to the personal jurisdiction of these Massachusetts courts with respect to any legal actions, suits or proceedings arising out of these Terms. Kepler and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms.

 

Severability and Waiver

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Kepler to enforce any part of these Terms shall constitute a waiver of any of Kepler’s rights under these Terms whether for past or future actions on the part of any person.

 

Contact Us

We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms and all other policies in effect on the Website.  You can contact by sending correspondence to:

Email: info@kepler.org

US Mailing address: Kepler, 1732 1st Avenue #21374, New York, NY 10128

Rwanda Mailing address: Sugira House, Floor 1, KG 11 No 183, Kigali, Rwanda