Terms & Conditions

These Terms of Service apply to any Kartra website(s) provided by Genesis Digital, LLC, including the site at kartra.com, and to any publicly accessible products, services, or software offered on such website (hereafter "KARTRA")

Welcome to Kartra

This document sets out your rights and responsibilities for using our site. As used herein, "Site(s)" means kartra.com, and any other sites provided in connection therewith, unless expressly excluded or where a separate policy is provided.

Background

Please read these terms carefully because all uses of the Sites are subject to these terms of service ("Terms" or "TOS"). By using the Site(s), you are acknowledging that you have read these Terms and agree to them.

If you do not agree to the Terms, you may not use the Site(s). There are no exceptions. You must be at least eighteen (18) years old to use the Site(s) without the supervision of a parent or guardian.

We reserve the right to amend or change all or parts of these Terms from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the Site(s) henceforth.

  1. Authorized Uses of The Site(s)

    The Site(s) are the exclusive and private property of Genesis Digital, LLC unless otherwise stated. Use of the Site(s) is permitted under a "limited license" that provides you access on these Terms and permits personal use of the Site(s).

    Your right to access and to use the Site(s) is personal to you.

    Permissible uses of the Site(s) include all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, you may browse and view the Site(s), and read or watch any content provided.

    In some cases, a video, blog post, or other content may provide an opportunity for commenting directly or via social media, and you are free to join the conversation. You may have the ability to interact with and/or share opinions or experiences with other visitors to the Site(s).

    At times, you may be able to provide feedback, suggestions, or input to us directly in certain areas of the site. You may be invited to participate in surveys, polls, contests, or promotions on the Site(s). Other uses will be stated or provided on the Site(s) from time to time.

    While there are many permitted uses of the Site(s) as detailed above, not all uses are permitted.

  2. Unauthorized use of the Sites or the content is strictly prohibited.

    No commercial uses are allowed of the Site(s) or any of the content without written permission. The foregoing in no way limits the use of KARTRA software by registered Users or licensees whose use is controlled by the Kartra End User License Agreement.

    You may not copy or reproduce any content or information from the Site(s) except where expressly provided for that purpose. If you do copy or reproduce any information without permission, we may immediately terminate your access.

    You may not download or copy ANY of our content in ANY area of the Site, except in accordance with these Terms, and as expressly stated in specific parts or portions of the Site(s). You may not download or copy our information yourself, and you may not use software, robots, data mining tools, ‘scrapers’, extraction tools or the like to access, download, or obtain content or data from the Site(s).

    If a file or any content on the Site(s) is intended for and made available for downloading, there will be downloading instructions, which will tell you that you can download it, and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission. If a sharing button or similar means of sharing is provided, then you may only share using the provided means.

    Any use of the Site(s) that could in any way damage or impair the functionality for other users is also prohibited. You may use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or the like) to access the Site(s). Use of any other software to access the Site(s) or our database(s) is in violation of these Terms.

    You also may not attempt to gain unauthorized access to the Site(s) through any means including hacking, password guessing, code injection, IP spoofing, use of backdoors, or any other means. You also agree that you will not engage in any activities using the Site(s) that violate applicable laws or regulations in your locale, including but not limited to privacy laws, laws pertaining to defamation or libel, or the like. All such uses are strictly prohibited.

  3. Privacy Policy

    Users of the Site(s) should refer to KARTRA’s Privacy Policy for detailed information about how we collect and use information. Our general policy is to disclose only to enhance your user experience or to improve the Site(s), or where required to provide services you have purchased or registered for, or where required by law.

    KARTRA assumes no responsibility for information that you make public. You assume all responsibility for any personal information that you post publicly on the Site(s) (including via social media). You understand that such information will be publicly viewable and may be, and probably will be, publicly accessible via search engines or other means on the public Internet. Moreover, KARTRA will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others on any public accessible site. You should carefully review any documents you post and consider redacting any personal identifying information you do not wish to disclose such as social security numbers, phone numbers, credit card numbers, or the like.

  4. Intellectual Property

    You agree that you will not remove, replace, or obscure any copyright, trademark, service mark, or other indicia of source or ownership, nor any notices or legends used in connection with any content, information, products, or services provided on the Site(s). Any effort to remove, obscure, or replace such marks is a violation of these Terms.

    The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Site(s), even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends.

    Copyright

    Unless otherwise noted, all KARTRA content, including the content on the Sites, is copyrighted by KARTRA and protected by United States and international copyright laws. Any third party content provided by users may be copyrighted by such third parties and its use on the Sites is solely for discussion, commentary, and educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

    Trademarks

    KARTRA and other trademarks and service marks referenced herein are trademarks and service marks of KARTRA.

    Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners.

    KARTRA’s marks may not be used for any purposes without written permission, regardless of purpose. For the use of any mark that is the property of a third-party, permission should be obtained from the owner if required. For purposes herein, mere discussion or commentary that may involve federally trademarked names or names protected under the common law is believed to be nominative use(s) that are permissible and not subject to restriction.

  5. External Links/Affiliate Relationships

    KARTRA may at times mention, suggest, or provide listing(s) of third-party resources or providers that we believe may be useful for visitors. We may provide hyperlinks (or "links") to resources, products, or services we find helpful in our business, or that we believe may be helpful to your business. These links may direct you to or connect you with third party websites that are not related to the Site(s). Such websites are third party-owned and operated sites that are not prepared, owned, or controlled by KARTRA.

    KARTRA is not responsible in any way for the quality, content, nature, applicability, or reliability of sites accessible by hyperlink from the Site(s). Unless we say otherwise, our inclusion of a hyperlink to an external website is not an endorsement of the sites, products or services by KARTRA, nor a guarantee by us that the information or other material linked is accurate, current, or available. KARTRA assumes no responsibility and has no liability for any external links or any content on such third party sites. We likewise make no claim regarding and accept no responsibility for sites that link to our Site(s).

    Further, our decision to mention, suggest, or provide links to external or third party sites does not necessarily imply affiliation, endorsement, or adoption of those sites or any information contained therein. You understand that KARTRA is not in a position to evaluate the quality, price, advisability, or satisfaction that you may have with such products or services.

    However, in some cases KARTRA or its owners may have an affiliation, or business relationship with such other site or service provider. We may receive a minimal benefit, such as reciprocal link, or mention on the other site. We may be compensated (e.g. receive a fee or commission) if you visit and/or purchase a product or service from the affiliated site.

    We will generally identify any such relationships clearly so that you understand that even though we endorse a particular product or service, use it in our business, or believe it to be helpful, we also may be compensated in some way if you choose to do business with the recommended business or site. If you have any doubt as to whether we receive compensation or not, you should assume we do if that fact will impact your decision as to whether or not to purchase a product or service.

    If you choose to leave the KARTRA Site(s) via a link to browse a third party site, you should be aware that these Terms, our Privacy Policy, and other KARTRA policies no longer apply. You should review the applicable terms and policies, including privacy and data-gathering practices, of whatever site you go to, whether or not you followed a link from the KARTRA Site(s) to get there.

  6. Service and/or Product Descriptions

    KARTRA attempts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free.

    When purchasing any product or service through the Site(s), you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to KARTRA is registered to you and/or your use of such information is with permission. You understand that KARTRA can bar your access to and use of the Site(s) if we believe that you have intentionally provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have sufficient authority to commit that company in such a transaction.

  7. Additional Terms

    This Terms of Service agreement is also governed by the provisions below. You must agree and abide by these terms.

    1. No Warranties Are Made

      KARTRA makes no warranties, expressed or implied, regarding the content, information, products, or services provided on the Site(s). No warranties or guarantees are made as to the suitability of any information on the Site(s) for your particular needs. Your use of the Site(s) is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take, and any or business decisions you make based on something you read, saw, watched, or heard on the Site(s).

      All content, information, data, case studies, services, or products on the Site(s) is provided on an “AS IS,” and “AS AVAILABLE” basis.

      Unfortunately, despite our efforts, the information KARTRA provides may not always be available to you when you would like access. We may, on occasion, suspend and/or deny access to the Site(s) for updates, scheduled or unscheduled maintenance, enhancements, upgrades, improvements or corrections. We reserve the right to take down, remove, or archive information at our discretion.

      Also, despite our efforts to keep the Site(s) and our content up to date and to avoid mistakes, the information and materials may contain typographical errors or inaccuracies, or may become outdated. KARTRA does not make any guarantees that it will update, change, or amend any information after it is posted.

      If a money-back guarantee, satisfaction guarantee, or other written guarantee in connection with a particular product or service is expressly offered, your sole recourse in the event you are unhappy with that product or service is the stated guarantee. There are NO other warranties or guarantees made related to the use of the Site(s) or the information, products, or services provided. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

    2. KARTRA’s Liability is Strictly Limited

      KARTRA is not and will not be responsible for any loss or damage that you might incur as a result of using the Site(s), whether it results from an act or an omission by us or any other party, including another user. You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind, even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user’s equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

      In all cases, our total liability based on your use of the Site(s) shall be limited to the agreed-upon liquidated damages of $50.00. Moreover, you agree that any such claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

    3. Accountability

      You agree to be held accountable for your behavior on the Site(s). To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless KARTRA and its affiliates, subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including cost and/or attorneys’ fees) made or incurred by any third-party arising out of and/or relating to your use of the Site(s), your violation of our Terms of Service, and/or your violation of any rights of a third party.

      You understand that you may not publish posts or comments that include the intellectual property of a third party without authorization and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Site(s), and that your indemnification will include any harm caused to us by such posts or comments.

    4. No Conflict of Interests

      If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Site(s) for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.

    5. Jurisdiction and Binding Arbitration

      These Terms, as well as the Privacy Policy for the Site(s) shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of San Diego County, California, U.S.A. for any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or your use of the Site(s).

      These Terms and the Privacy Policy constitute written agreements between you and KARTRA with respect to the Site(s), your access, and your conduct. The Terms and our Privacy Policy as published on the Site(s) supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Site(s). A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form.

      Any disputes arising under these Terms, KARTRA’s Privacy Policy, or from your use of the Site(s) shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association commercial arbitration rules. All arbitration shall be held in San Diego, California, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by KARTRA.

      If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected.

      The provisions of this section survive any termination of the Terms.

INTERNATIONAL USE

The Site(s) are controlled and operated by Genesis Digital, LLC from its headquarters in San Diego, California, United States of America. Because the Site(s) are hosted on the World Wide Web, access may be available in other countries. KARTRA is happy to make the information, products, and/or services available to people in any country where legal. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, KARTRA makes no representation that materials on the Site are appropriate or legal for use in any locations outside the United States. If you have access to the Site(s) from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Site(s) from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and a violation of these Terms. If you choose to access the Site(s) from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

Your continued access or use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.

Please enjoy the Sites!

Questions regarding our Terms of Service may be directed to:
legal@genesisdigital.co