HTML CreatorEffective Date: January 1, 2024
THIS IS A LEGALLY BINDING AGREEMENT.
The Terms of Service document (“Terms”) constitutes a binding contractual arrangement between you and kerafen.com (referred to herein as “the Website”, “we”, or “us”) and governs your access and use of the online platform located at kerafen.com (referred to herein as “the Website”). If you decline to accept any provision of these Terms, you may not access or utilize the Website and must exit the site at once. BY CONTINUING TO ACCESS THE WEBSITE, YOU CONFIRM YOUR ACCEPTANCE OF THE WEBSITE’S PRIVACY POLICY, THE TEXT OF WHICH IS HEREBY INCORPORATED BY REFERENCE AND FORMS AN INTEGRAL PART OF THESE TERMS.
We retain the unilateral right to pursue any course of action that we deem adequate, should it appear, at our sole and unquestionable discretion, that you have engaged in any of the prohibited activities enumerated below or have otherwise breached these Terms. Such a course of action may include the cancellation of your account, the termination of your licensed right to use the Website, or the instigation of civil or criminal proceedings. Any rights not expressly granted to you in these Terms are hereby reserved to the Website, and remain subject to assertion at our discretion.
These Terms are inoperative with respect to the products or services delivered under the title “Services” that are presented on this Website. The governing Terms applicable to each specific Service, including the manner in which we collect, retain, and disclose information concerning Users of that Service, are published on the Service own web domain.
1. Website Purpose. The Website is structured to fulfil the following objectives: (a) to furnish comprehensive information regarding the corporate entity and the range of products offered therein; (b) to furnish a mechanism through which Visitors may submit inquiries; (c) to facilitate real-time interaction between our personnel and Visitors through a live chat functionality; and (d) to furnish Users of our Services with navigable access to an interactive customer forum. We expressly reserve the authority to amend, or entirely replace, the Website or any segment thereof, including any related policies or Terms, at any moment and without prior notification. In addition, we retain the prerogative to modify, suspend, or entirely deactivate access to the Website or any individual element thereof, for any legitimate purpose and at any time, without advance warning.
2. End User License Agreement (EULA). We hereby grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Website solely for lawful purposes and solely for your personal use. This license begins the moment you first access the Website and continues until you or we terminate it. We may terminate your license effective immediately without further notice if you violate any term of this Agreement. You acknowledge that all rights not expressly granted to you are retained by us. We claim and you accept that the Website, together with all associated intellectual property rights—including, without limitation, copyrights, patents, database rights, moral rights, registered and unregistered trademarks, and all derivative works and compilations—remains ours. The entirety of the Website and the content contained therein are protected by United States and international intellectual property laws, and may not be copied, reverse-engineered, modified, or distributed, in any form or by any means, without our prior written authorization.
3. Age Restriction. The Website is specifically designed for, and directed to, users who are at least eighteen (18) years of age. Registration, subscription, or any use of the Website constitutes your declaration that you are, and will continue to be, at least eighteen years of age. If, for any reason, you are under the stated age, you are prohibited from access and must cease all use of the Website immediately.
4. License Prohibitions. You may access and use the Website solely in accordance with its documented purpose and functionality. The following activities are expressly forbidden:
(a) replicating, modifying, or attempting to reverse-engineer the Website’s source code or any compiled code associated with it;
(b) deploying any malware, exploit, or tool designed to shut down, degrade, or otherwise interfere with the operation of the Website, its databases, or any intermediary or host networks;
(c) extracting, reproducing, retaining, or disseminating any text, graphic, or other database material hosted on the Website without secured, documented consent in written form;
(d) exploiting the Website for the purpose of effecting, or facilitating, any contravention of applicable statutory or regulatory provisions;
(e) deploying, forwarding, or transmitting any material designed to disrupt, disable, or otherwise degrade the operation of the Website, or to seize, corrupt, or otherwise compromise any personal, institutional, or telecommunications infrastructure.
Privacy. The management of your personal information falls under the broader framework established by our Privacy Policy, which by incorporation is included as an integral section of the present Terms. Save for the disclosures expressly described in that Policy, we will neither sell, barter, nor willfully disseminate your personal information to any external entity without your prior affirmative consent, nor will we do so in circumstances where the transmission is neither legally mandated nor compelled by an order issued by an appropriate judicial or governmental authority.
6. User-Submitted Content. The Website provides chat rooms, discussion boards, or similar interactive components in which you may furnish, post, or upload various types of user-generated data, including commentary, audiovisual material, photographs, textual messages, and any other information (collectively termed “User Content”). You accept sole and exclusive liability for any Interactive Area you access and accept that you proceed at your own peril. You further warrant that each piece of User Content you transmit or store will be truthful and accurate and will not:
(a) Engage in defamation, harassment, stalking, or intimidation of any person.
(b) Exhibit bigotry, racism, or other hate-driven discourse; or include material that is obscene, vulgar, or otherwise offensive.
(c) Present pornographic or sexually charged imagery, or any other material that is deemed lewd, obscene, or otherwise reprehensible.
(d) Breach or incite a breach of statutes, regulations, or directives of any jurisdiction.
(e) Contain threats of contingent harm or any other assault on individual or community security.
(f) Encroach on a third party’s patent, trade mark, trade secret, right of publicity, or any other proprietary interest, unless you have obtained and provided demonstrable consent from the rights holder.
7. Copyright. We will evaluate takedown notices that satisfy the statutory criteria set by relevant copyright legislation. When you contend that your intellectual property has been reproduced without authorization in a manner that violates copyright, please submit a notification containing the following elements: (i) a handwritten or scanned electronic signature of the copyright proprietor or of a duly authorized representative; (ii) a precise identification of the protected work alleged to have been infringed; (iii) a precise identification of the allegedly infringing material and the location information necessary for us to retrieve or disable access to it; (iv) complete contact details, including a physical address, a telephone number, and a functioning electronic mail address; (v) a good-faith certification asserting that the contested reproduction has not been granted permission by the copyright owner, by an authorized representative, or by statutory exception; and (vi) a sworn affirmation confirming the accuracy of the submission, made under penalty of perjury and certifying that the submitter is authorized to act on the copyright owner’s behalf.
In accordance with the provisions of the United States Digital Millennium Copyright Act, the entity appointed as the designated copyright agent for the purpose of receiving notifications regarding alleged copyright violations on the Websites is: kerafen.com.
Attention: Copyright Agent
Correspondence may be directed to: support@kerafen.com.
We retain the discretionary authority to expunge any material claimed to be infringing, without obligation to furnish prior notification, and without any assumption of liability to the alleged infringing party, or to revoke access to the account in question upon a finding that infringing material was submitted willfully.
8. Assumption of Risk & Limitation of Liability. You acknowledge and undertake all risks attributable to interaction with the Website. We shall have no liability to you or to any other person for any indirect, special, incidental, consequential, or punitive damages, regardless of the form of action, arising from your use of any component of the Website. Such risks include, but are not limited to, the following losses and occurrences: (a) any economic or monetary losses; (b) software malfunctions, server outages, power shortages, or other disturbances outside of our management; (c) any delays or interruptions in the operation of the Website, including operation not consistent with prevailing descriptions; (d) any infringement of copyright, trademark, trade secret, publicity, or other proprietary rights arising from any User Content you submit; or (e) any unauthorized breach of account information resulting from a third party’s criminal actions, including through the actions of unauthorised computer intruders.
9. Indemnification. You shall promptly defend, indemnify, and hold us, as well as our officers, directors, employees, and agents, harmless against, and pay all damages, obligations, losses, liabilities, costs, or debts, including reasonable attorneys’ fees, incurred as a result of: (i) your access to or use of the Website; (ii) your breach of any provision contained in these Terms; (iii) any infringing or unlawful conduct that occurs in the course of, or is related to, your access to or use of the Website; or (iv) any third-party claim that your use of the Website caused injury or damage. This obligation to defend, indemnify, and hold harmless shall remain in effect notwithstanding any termination of these Terms or your access to or use of the Website.
10. No Warranty. The University and its agents do not warrant and specifically disclaim any representation that: (a) the Website will operate without error, defect, or any anomalous behavior, or that any identified error, defect, or anomalous behavior will be remediated; (b) the computing resources that host the Website are without defect, and that they lack any viruses, Trojan horses, or other hostile or intrusive code; or (c) the actions or omissions that result from access to the Website comply with the policies governing use promulgated from time to time by any third-party provider, including but not limited to third-party social networking services. The Website is supplied to the user on an "as is," "as available" basis, and any express, implied or statutory warranty is excluded. The University and its agents do not warrant and have not warranted accuracy, reliability, or timeliness of any output, and they disclaim any warranty arising from course of dealing, usage of trade, or usage of trade custom. This disclaimer is not limited, but is inclusive of, any implied warranty of merchantability, implied warranty of fitness for a particular purpose, implied warranty of non-infringement, and any warranty of title.
11. Arbitration Agreement. THIS SECTION INVOLVES A WAIVER OF YOUR RIGHTS. You consent to arbitrate any dispute or claim resulting from or connected to your access to the Website. By continuing to use the Website, you WAIVE the right to a jury trial and the right to participate in any representative or class arbitration, class action, or other representative capacity. The obligation to arbitrate extends to any controversy or claim relating to your use of the Website, regardless of the legal theory alleged. Arbitration shall be conducted in Palo Alto, California, before a single arbitrator. The arbitrator may permit any party to appear remotely via telephone or Internet. The proceeding will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitrator's decision may be confirmed and enforced in any court with jurisdiction. This paragraph does not prevent any party from petitioning a competent court for provisional or ancillary relief before the arbitration panel is constituted.
12. Choice of Law and Forum. You acknowledge that the Site is operated from California, USA, via an inert server that, by its passive nature, does not confer general or specific jurisdiction over us in any jurisdiction outside California. Consequently, the substantive and procedural rights and obligations established by this agreement shall be interpreted and enforced in accordance with California law, excluding its conflict-of-law principles. Any controversy or cause of action arising out of or relating to this document, regardless of the availability of arbitration, must be commenced exclusively in Palo Alto, California. Claims outside the arbitration framework shall be subject to the exclusive personal jurisdiction of the courts of Santa Clara County, California. Any action or proceeding that is not commenced in that venue shall be deemed to have been commenced in an improper jurisdiction. If, following written notice by us that a claim has been improperly filed, you do not withdraw the claim without undue delay, we shall be entitled to recover from you reasonable attorneys’ fees and associated costs incurred solely in addressing the improper filing.
13. Limitation of Actions. Any dispute or claim arising from your access to or use of the Website must be commenced within one year after the date the dispute or claim arose, or the claim will be deemed to have been permanently released, regardless of any contrary statutory limitations. The period shall govern even if the claim could have been asserted under any other period of limitations. The absence of action on our part under these Terms—including any failure to assert any right, privilege, or remedy—does not waive the right to assert the same or any other provision in the future.
14. Modification and Notice of Changes. We retain the unilateral right to alter, amend, or eliminate any feature of the Website or any provision of these Terms at any time and without advance notice. Any such alteration shall be deemed effective immediately, unless stated otherwise elsewhere in these Terms. We will however notify you of such changes by posting an amended notice on the Home page of the Website. Your continued access to or use of the Website after such notice has been posted constitutes your acceptance of the amended Terms. Failure to read the posted notice shall not excuse compliance.
15. Comprehensive Agreement and Severabilty. This instrument, comprising the present Terms and any referenced document, as well as the Privacy Policy, constitutes the complete and exclusive agreement between you and the Company and exclusively governs your access to the Website, thereby abrogating any antecedent understandings, negotiations, or agreements. In the event that a competent tribunal or other duly empowered authority determines that any particular clause herein is unenforceable or otherwise void, the balance of the instrument shall remain operative and enforceable to the fullest extent permissible.
16. Provisions Specifically for Residents of Certain States. By accessing the Site, residents of California, and you hereby affirmatively and irrevocably waive the protections afforded by California Civil Code Section 1542, which reads: “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.”
California Civil Code Section 1789.3 further entitles California residents to the following consumer rights notice: you may direct inquiries or complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which can be reached in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
New Jersey residents may note that the New Jersey Truth in Consumer Contract, Warranty and Notice Act renders certain provisions of this Terms of Use inapplicable. Furthermore, because additional jurisdictions may prohibit the exclusion or limitation of liability, the foregoing exclusions or limitations may not be available in those jurisdictions.
If any provision of the foregoing Terms gives rise to an inquiry, please direct written correspondence to support@kerafen.com.
Anti-Spam Commitment
Kerafen.com adopts a zero-tolerance policy toward unsolicited electronic messages and rigorously conforms to statutory and normative standards governing commercial electronic mail. We endorse transparent, permission-driven marketing, and this policy concisely specifies the parameters governing legitimate correspondence.
Subscriber Consent: Marketing emails will only be issued to individuals who furnish, in an explicit manner, affirmative, documented consent. Consent is secured via a conspicuous opt-in mechanism, integrated either into the website or into the registration workflows of our applications. We categorically refrain from any method, such as pre-ticked checkboxes, suggesting tacit endorsement.
Sender Identification: All electronic communications originating from kerafen.com will conspicuously designate kerafen.com as the sender. Additionally, sender information will furnish the sender’s physical postal address, a contact email address, and an unequivocal hyperlink to the corporate website.
Opt-Out Mechanism: Each marketing communication will contain a conspicuously positioned and functional hyperlink permitting instantaneous withdrawal from the distribution list. Immediately upon the receipt of an opt-out instruction, the electronic address will be indexed as no longer permissive and will be expunged from our records, with no subsequent messages being dispatched. Recipients will be notified that removal will occur within a maximum interval of forty-eight (48) hours.
Content. Each electronic message broadcasted by the kerafen.com domain will disclose, in an accurate and unambiguous manner, the substantive purpose of the communication. A subject line that is both pertinent and representative of the message body will precede the text. Neither the subject line nor the body will feature misleading or falsified terminology designed to deceive the recipient regarding the sender’s identity or the message’s intent.
Monitoring and Compliance. We routinely subject our electronic marketing methodologies to systematic audits designed to verify adherence to the present Anti-Spam Policy. Procedures are consequently under continuous review and modification so as to harmonize with evolving legislative requirements and recognized best practice standards.
Reporting Spam. Any recipient who suspects an unsolicited communication is invited to forward the message to support@kerafen.com, thereby initiating our formal investigation. All reports are treated with the utmost confidentiality and urgency, and the findings dictate immediate remedial or preventive measures.
Policy Enforcement. An infraction of the Anti-Spam Policy will ordinarily lead to instantaneous cancellation of the related account, potential civil or criminal recourse against the infringing party, and an exercise of the reporting obligation to competent governmental or regulatory bodies. Ensuing action is reserved to preserve the integrity of our operations and the rights of our constituents.
kerafen.com affirms the relevance of the Anti-Spam Policy as a component of its overarching ethical framework. Compliance guarantees that all electronic correspondence, in both form and intent, strengthens respect for the information preferences of our audience. The Policy therefore undergirds our strategic vision of providing observable, documentable, and reciprocatively beneficial communication.
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