Please read these Terms and Conditions ("Terms") carefully before using the Keren de Via Application ("Application") operated by Keren de Via LLC ("us," "we," or "our"). Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Application.
You agree to be bound by these Terms by accessing or using the Application. If you disagree with any part of the Terms, you do not have permission to access or use the Application.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may immediately terminate your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
The Application and its original content, features, and functionality are and will remain the exclusive property of Keren de Via LLC and its licensors. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Keren de Via LLC.
You may be able to submit content, including but not limited to text, images, and other materials ("User Content") to the Application. By submitting User Content, you represent and warrant that you own or control all rights to the User Content and have the right to grant the license outlined in this section. You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You agree not to use the Application for any unlawful purposes or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Application or which, as determined by us, may harm Keren de Via LLC or users of the Application or expose them to liability.
We may terminate or suspend your account and bar access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
In no event shall Keren de Via LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Keren de Via LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.
You agree to defend, indemnify, and hold harmless Keren de Via LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Application; b) a breach of these Terms; or c) User Content posted on the Application.
These Terms shall be governed and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application and supersede and replace any prior agreements we might have had between us regarding the Application.
At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use the Application.
If you have any questions about these Terms, please get in touch with us at: Keren de Via LLC, 1 Old Trl, Ormond Beach, Florida 32174, USA
The Application may include or provide access to third-party services, products, or integrations. You acknowledge and agree that Keren de Via LLC is not responsible or liable for any third-party services or product availability, accuracy, content, or policies. You further acknowledge and agree that Keren de Via LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party services or products.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application or any hyperlinked website or service. We will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Your use of the Application is also subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand our practices regarding collecting, using, and disclosing your personal information.
You may choose to, or we may invite you to submit comments, suggestions, or ideas about the Application, including how to improve the Application or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and that we are free to use the Feedback without any additional compensation to you and to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting your Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and the trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
Suppose any provision of these Terms is found to be unenforceable or invalid. In that case, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will otherwise remain in full force and effect and enforceable.
We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
You may not assign, delegate or transfer these Terms, your rights or obligations hereunder, or your Application account in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms, including our Privacy Policy, constitute the entire agreement between you and Keren de Via LLC concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Keren de Via LLC concerning the Application.
No waiver by Keren de Via LLC of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Keren de Via LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms' headings and section titles are for convenience only and have no legal or contractual effect.
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Keren de Via LLC. You do not have the authority to bind Keren de Via LLC in any way, and Keren de Via LLC does not have the authority to bind you in any way.
All notices required or permitted to be given under these Terms must be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Keren de Via LLC, you must use the following address: 1 Old Trl, Ormond Beach, Florida 32174, USA, or the following email: info@kerendevia.com. If Keren de Via LLC provides notice to you, we will use the contact information you provided. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent if no "system error" or other notice of non-delivery is generated.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions regarding these Terms or your application use, please get in touch with us at info@kerendevia.com.
By using the Application, you acknowledge that you have read and agree to be bound by these Terms and Conditions.