Last Updated: March 31, 2022
These website terms and conditions (“Terms”) are between L2 Ventures LLC d/b/a KYROS Insights (“KYROS”, “we”, “our”, and “us”) and you (“you” and “your”) and governs your access to and/or use of our websites located at www.kyrosinsights.com and any websites KYROS has now or acquires in the future (collectively, the “Website(s)”). If you do not agree with these Terms, you shall not use the Website(s).
YOU ACCEPT THESE TERMS BY USING THE WEBSITE(S) AND/OR EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS OR AGREEMENTS THAT ARE OR MAY BE ESTABLISHED BY KYROS FROM TIME TO TIME AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. IF AN INDIVIDUAL IS AGREEING TO THIS TERMS ON BEHALF OF A LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THE INDIVIDUAL HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY. IF YOU DO NOT AGREE TO THIS TERMS AND PRIVACY NOTICE (AS DEFINED BELOW), YOU SHALL NOT USE THE WEBSITE(S).
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KYROS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY IN THE EVENT OF ARBITRATION.
KYROS provides actuarial services and tools to loyalty program providers. KYROS has developed the Website(s) to provide information about KYROS’s services, its e-courses, products and other offerings made available by KYROS from time to time. The term “Website” does not include the products and services themselves. You agree to only use the Website(s) in accordance with these Terms. From time to time, we may restrict access to all or part of the Website(s). You will comply with all applicable laws, rules and/or regulations when accessing and/or using the Website(s). You are responsible for making arrangements necessary to use the Website(s), such as securing internet access. You are responsible for ensuring that all persons who access the Website(s) through your internet connection are aware of these Terms and comply with these Terms. You agree to notify KYROS immediately of any unauthorized access to or use of the Website(s) or any other breach of security. Please use caution when accessing the Website(s) from a public or shared computer.
By accessing and/or using our Website(s), you agree to the Privacy Notice located here (“Privacy Notice”) and consent to any personal information you may provide to us being collected, stored and/or otherwise processed in accordance with the Privacy Notice and these Terms
The Website(s) are not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use the Website(s). By accessing and/or using the Website(s), you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Website(s) or provide any information to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). KYROS does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at firstname.lastname@example.org.
When accessing and/or using the Website(s), you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the Website(s), by email if you provide your email address to us, or phone if you provide your phone number to us. You may continue to receive electronic communications from KYROS (which may include without limitation promotional and advertising material and information about KYROS) unless or until you elect to opt-out of receiving such communications and notify KYROS at email@example.com that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes. KYROS may update these Terms in its sole discretion, at any time, in whole or in part. If KYROS makes changes and/or modifications that impact your use of and/or access to the Website(s), we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. You agree that your continued use of the Website(s) following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Website(s) after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications.
Additional Terms. KYROS also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website(s), which may be posted in the relevant portion of the Website(s). Your continued use of the Website(s) constitutes your agreement to such additional rules.
Right to Use. These Terms permit you to use the Website(s) for your personal, non-commercial use only. The Website(s) contain material which is owned by or licensed to KYROS or to which KYROS otherwise has permission to use. By using the Website(s) and accepting these Terms: (a) KYROS grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Website(s) and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by KYROS; and (b) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the Website(s) without the express written permission of KYROS. Notwithstanding the foregoing subsection (b), your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website(s) in breach of these Terms, your right to use the Website(s) will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Right to Deny Access and At Your Risk. KYROS. retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Website(s) to anyone at any time and for any reason. While we use reasonable efforts to keep the Website(s) accessible, the Website(s) may be unavailable from time to time. You understand and agree that there may be interruptions to the Website(s) due to circumstances within KYROS’s control (i.e., routine maintenance) and outside of KYROS’s control. You acknowledge and agree that the use of the Website(s) is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, inaccurate and/or objectionable. The Website(s) may be modified, updated, suspended and/or discontinued at any time as determined by KYROS in its sole and absolute discretion and without notice and/or liability and you acknowledge and agree that you are aware of this and any risks related thereto.
Prohibited Use and Conditions. Any access to and/or use of the Website(s) and/or information provided by KYROS other than as specifically authorized herein, without KYROS’s prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and/or using the Website(s), and you shall not use the Website(s) in any manner that violates applicable law, contract, intellectual property or other third-party rights. You shall not:
Furthermore KYROS grants you the rights set forth herein, subject to the following conditions:
KYROS shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted to KYROS except as otherwise expressly specified in these Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions provided by KYROS in conjunction with the Website(s), and/or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information other material available through the Website(s) without the prior written consent of KYROS is strictly prohibited. KYROS may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website(s). KYROS has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website(s). YOU INDEMNIFY AND HOLD HARMLESS KYROS AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KYROS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KYROS OR LAW ENFORCEMENT AUTHORITIES.
Confidentiality. During your access to and/or use of the Website, you may have access to certain information of KYROS that is not generally known to others including any and all information relating to KYROS and its business including without limitation its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning the business and affairs, partnerships and potential partnerships, client information, potential hiring entity information and related job information, business model, fee structures, employees, funding opportunities, metrics, object code, source code, architecture, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, procedures and techniques that have been or may hereafter be provided or shown to you, regardless of the form of the communication (collectively, the "Confidential Information"). You will use commercially reasonable efforts to protect and prevent any access to the Confidential Information, using no less than a reasonable degree of care to protect such Confidential Information.
The Website(s) and its entire contents, e-courses, features and functionality are owned by KYROS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Website(s), including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, KYROS and/or its licensors are the sole owner of: (i) the Website(s) and information provided by KYROS; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Website(s); and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. Subject to the limited rights expressly granted hereunder, KYROS and/or its third-party licensors reserve all right, title and interest in and to the Website(s) and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Website(s) not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
KYROS’s name, the KYROS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KYROS. You must not use such marks without the prior written permission of KYROS. All other names, logos, product and service names, designs, and slogans on the Website(s) are the trademarks of their respective owners.
9. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website(s) is made available solely for general information purposes. KYROS does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. KYROS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s), or by anyone who may be informed of any of its contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to KYROS, such Feedback is non-confidential and will become the sole property of KYROS. KYROS will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge KYROS will give no credit or compensation to you and you have no rights to the same. KYROS has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
11. THIRD PARTY CONTENT, LINKED SITES, THIRD PARTY PRODUCTS
Third Party Content. KYROS may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Website(s) (“Third-Party Content”). The third party from whom or which any such Third-Party Content originates is solely responsible for it and KYROS assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third-Party Content. Accordingly, KYROS does not control or endorse such Third-Party Content and has no liability of any kind to you or any third party for any Third-Party Content. Statements of opinion and commentary in Third-Party Content are those of the third party and, not necessarily those of KYROS.
Linked Sites. As stipulated in these Terms, KYROS does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party. KYROS may, from time to time, include hyperlinks (“Link(s)”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. KYROS does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. has made no attempt to verify any information contained in any such Links. Furthermore, KYROS is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from KYROS If you click on Links, you do so at your own risk and you acknowledge and agree that KYROS is not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving the Website(s) and to read the terms and conditions and privacy notice of each Link that is visited. KYROS reserves the right to terminate any Link at any time in its sole and absolute discretion. KYROS disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Links.
Third Party Products. There may be third-party products, services, software, and/or social networks (collectively “Third-Party Products”) integrated into the Website(s). Please be aware that KYROS is not affiliated with any Third-Party Products or the companies or providers that own or control such Third-Party Products. You agree to release KYROS and such third-party providers from any liability related to your use of any Third-Party Products or any costs or charges related to such Third-Party Products. In order to use any Third-Party Products, you may be required to agree to that company’s terms and conditions and/or privacy notice. You agree to comply with the foregoing when using the Website(s). Where you decide to use such Third-Party Products, KYROS is not a party to any contracts created between you and the provider of such Third-Party Product. KYROS is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any Third-Party Products.
KYROS reserves the right, in its sole and absolute discretion, to block you from the Website(s) or any portion thereof at any time, without notice, without liability and for any reason including without limitation if KYROS suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, the Privacy Notice, any other policies provided by KYROS, or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the Website(s). In the event you misuse the Website(s) by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, KYROS may block you from the Website(s), without liability. In such event, KYROS retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we block you from our Website(s), you may not access and/or use our Website(s) unless formally invited by KYROS. If you commit fraud and/or falsify information in connection with your use of the Website(s), you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Website(s).
If you violate these Terms, we may block you from our Website(s) and you are prohibited from using the Website(s). Upon termination, the provisions of these Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website(s) that contain typographical errors, inaccuracies, and/or omissions. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
14. COPYRIGHT COMPLAINTS
Should you believe anything on the Website(s) infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at KYROS, Attn: Copyright Agent, 2320 N Hamilton Ave #1, Chicago, IL, 60647. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the Website(s); (iv) information reasonably sufficient to permit contact (i.e., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Website(s) in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website(s). All other inquiries directed to the Copyright Agent will not be responded to.
You agree to indemnify, defend and hold KYROS and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Website(s); (ii) any use of the Website(s) in breach of these Terms and/or Privacy Notice; (iii) breach of KYROS’ Confidential Information; (iv) your violation of any law and/or the rights of a third party; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE(S) AND INFORMATION GIVEN BY KYROS TO YOU ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS. KYROS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY PROVIDERS, SUPPLIERS, RETAILERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. KYROS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE WEBSITE(S) AND/OR KYROS INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR FREE FROM LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE WEBSITE(S) AND/OR KYROS INFORMATION. YOU UNDERSTAND THAT KYROS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE WEBSITE(S) WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM KYROS OR THROUGH YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS. TO THE FULLEST EXTENT PROVIDED BY LAW, KYROS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE(S) OR INFORMATION OBTAINED THROUGH THE WEBSITE(S) OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THE WEBSITE(S), OR ON ANY WEBSITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KYROS, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S), YOUR INABILITY TO ACCESS THE WEBSITE(S) AND/OR INFORMATION AND/OR LINKS ON THE WEBSITE(S), INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF KYROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, KYROS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE KYROS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE(S) OR KYROS INFORMATION.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
18. GEOGRAPHIC RESTRICTIONS
KYROS headquarters are located in the State of Illinois in the United States. KYROS provides this Website(s) for use only by persons located in the United States. We make no claims that the Website(s) or any of its content is accessible or appropriate outside of the United States. Access to the Website(s) may not be legal by certain persons or in certain countries. If you access the Website(s) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about KYROS must be sent to our agent for notice to firstname.lastname@example.org. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. GOVERNING LAW AND VENUE
These Terms shall be governed by, construed and enforced in accordance with the substantive laws of the State of Illinois, without regard to its conflict of laws principles. The parties further agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. DISPUTE RESOLUTION
Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against KYROS, you agree to try to resolve the dispute informally by contacting us at email@example.com. The parties will try to resolve the dispute within thirty (30) days after receipt of written notice, but if the parties are unable to resolve any claims related to these Terms within such timeframe, you and/or KYROS agree to resolve any claims related to these Terms through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or your ability to opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting KYROS within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms). You must write us at KYROS, Attn: Opt-Out Arbitration, 2320 N Hamilton Ave #1, Chicago, IL, 60647. If you opt out, neither you nor KYROS can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any KYROS confidential Information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all controversies and/or claims arising out of or relating to these Terms and/or the Website(s)s shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Cook County, Illinois or any other location we agree to. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. The prevailing party of any such arbitration shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees and any arbitration costs and fees. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, you and KYROS each agree that the following claims are exceptions to this arbitration clause and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), or (iii) any claim that qualifies in small claims court in Cook County, Illinois.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and KYROS agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and KYROS consent to the foregoing venue and jurisdiction. The prevailing party of any such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
You may have other agreements with KYROS. Such agreements are separate and in addition to these Terms, unless otherwise agreed to by the parties in writing. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. If any provision and/or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or KYROS of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
23. CONTACT US
If you would like to request additional information regarding these Terms or if you have feedback about our Website(s), please contact us at firstname.lastname@example.org.