Terms of Use

USER AGREEMENT

Last Updated: August 1, 2018

 

This User Agreement (“Agreement”) is entered into by and between KANGOWRITE, LLC and any individual or entity (“Customer”) prior to Customer and Customer User’s use of the Service.  This Agreement governs the use of the Site, Service and any Professional Services (collectively, the “Services”) by Customer, whether on a free or paid basis. If Customer is a direct competitor to KANGOWRITE, Customer is not permitted or authorized to use the Services.  Customer represents that it has read and agrees to be bound by the terms of this User Agreement.

 

1.        Services.

 

1.1      Service.  Subject to this Agreement and in consideration of the fees specified in any Order, KANGOWRITE will make the Service available to Customer and Customer’s Users throughout the Term.  In the event that Customer purchases a subscription to an Add-On, the Service will be deemed to include such Add-Ons except as otherwise expressly provided herein.  KANGOWRITE hereby grants Customer a worldwide, revocable, non-exclusive, non-transferable right to access and use the Service during the Term for Customer’s educational and business purposes, pursuant to the terms and conditions of this Agreement.

 

1.2      Professional Services.  Subject to this Agreement and in consideration of the fees specified in any applicable Order, the parties may agree for KANGOWRITE to provide Professional Services.  The specifications for Professional Services, if any, will be as set forth in an Order.

 

2.        Use of the Services; Restrictions.

 

2.1      Conditions.  KANGOWRITE’S provision of the Services is conditioned on Customer’s acknowledgement and agreement to the following:

 

(a)       Certain types of information included in the Customer Content may be subject to specific laws (e.g., laws regarding personally identifiable information, payment card information etc.).  Customer, not KANGOWRITE, is responsible for compliance with any such laws. Customer represents and warrants that if applicable, it will provide any required notice to and obtain any required consent from individuals and/or other entities related to the Customer Content and any personal or otherwise protected information included therein.

 

(b)       All Customer Content stored utilizing the Service is maintained in encrypted form (in transit and at rest) and KANGOWRITE does not access Customer Content except: (a) as requested by Customer to enable the provision of customer support; and (b) as necessary for KANGOWRITE to (i) comply with applicable law or legal proceedings, or (ii) investigate, prevent or take action against suspected abuse, fraud or violation of this Agreement.  Except with respect to requests described in subpart (i) above, unless prohibited by law, where KANGOWRITE receives a request from an individual to access, amend, or delete her/his personal information stored within Customer Content or as part of the Account Information provided by Customer, KANGOWRITE will refer such requests to Customer.  Customer will be responsible for responding to such requests as required by applicable law, and KANGOWRITE will provide Customer with reasonable support as necessary to facilitate Customer’s response.

 

(c)       The Service facilitates the sharing of information within Customer’s organization and potentially outside of Customer’s organization.  Between Customer and KANGOWRITE, Customer has exclusive control over the distribution of and access to the Customer Content.  

 

2.2 Login Credentials.  Each set of login credentials for the Service may be used only by a single, individual Customer User. Customer agrees to promptly notify KANGOWRITE of any unauthorized access or use of which Customer becomes aware.  Customer will be responsible for all use and misuse of the Service that occurs under Customer Users’ login credentials, and for any breach of this Agreement by any Customer Users. Customer Users will provide an email for their username and select a password as their login credentials. Customer Users shall not select a username in which another person has rights without such person's authorization or use a username or password that KANGOWRITE, in its sole discretion, deems offensive or inappropriate. KANGOWRITE reserves the right to deny creation of Customer User’s account if KANGOWRITE is unable to authenticate the registration information via email. Customer User is solely responsible for maintaining the password confidentiality and will notify info@kangowrite.com immediately of any suspected unauthorized use of the Service or breach of the Customer User’s password.

 

2.3 Prohibited Use.  Customer will not, and will ensure that Customer Users do not: (a) “frame,” distribute, resell, or permit access to the Service by any third party other than for its intended purposes; (b) use the Service other than in compliance with applicable law; (c) interfere with the Service or disrupt any other user’s access to the Service; (d) reverse engineer, attempt to gain unauthorized access to the Service, or attempt to discover the underlying source code or structure of the Service; (e) submit to the Service any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap or back door or software routine, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications; or (f) use any robot, spider, data scraping or extraction tool, or similar mechanism with respect to the Service. Customer Users further agree not to use KANGOWRITE to post or send any material, information or message that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, civil liability or violate any applicable law or regulation. Using “masked” vulgarity, obscenity or profanity (e.g. “sh*t”) is deemed to be equivalent to including the actual objectionable word. KANGOWRITE reserves the right to delete immediately any such material from the site and will cooperate fully with law enforcement officials or agencies in the investigation of any person or persons who violates this section.

 

2.4 Usage Limitations.  Certain usage limitations may apply pursuant to this User Agreement. File storage is limited to 50 MB per Customer account.

 

2.5 Account Information.  Account Information will be provided to KANGOWRITE by Customer Users, but Customer may provide certain Account Information (e.g., Customer User name, email, and grade) for Customer Users when configuring Customer’s account. When any Account Information is provided by Customer, Customer represents and warrants that: (a) it has provided all required notice to Customer Users pursuant to applicable law, Customer policy, etc.; and (b) it has all rights, permissions, and consents necessary: (i) to provide the Account Information to Customer; and (ii) for the display of such Account Information within the Service.  In accordance with Section 2.1(b) above, KANGOWRITE will refer to Customer any requests related to the Account Information that was provided by Customer and will provide Customer reasonable assistance in order to facilitate Customer’s response to such requests, unless prohibited by law.

 

3.         Use of the Service by Children under 13. 

 

3.1 Consent.  Children under age 13 must not use the Service without consent from their parent or legal guardian. Parents and legal guardians must accept the terms of this User Agreement and KANGOWRITE’S Privacy Policy on the child’s behalf before the child is permitted to use the Service. If the Customer is a student under the age of 13 purchasing an individual subscription, KANGOWRITE requires that a parent or guardian complete the subscription form for the student.

 

3.2 Responsibility.  Teachers, Schools or Districts who direct their students to access the Service are solely responsible for ensuring that verifiable parental consent has been obtained for students under the age of 13 before personal information is collected for any such student in connection with accessing this Service.

 

3.3 .Documentation. Customer will familiarize Customer’s Users with KANGOWRITE’S Privacy Policy and provide parents and legal guardians a copy of the Privacy Policy. All parental consents must be kept on file by the Teacher, School or District, and a copy of any such consent must be provided to Kangowrite upon request.If there are any concerns that a teacher, school or district has not obtained verifiable parental consent before any personal information was collected for the Service, immediately contact alina@kangowrite.com

 

4.        Customer Content; Processing of Data.

 

4.1 Disclosure.  The Service is designed to facilitate the management of, and payment for, services between Customer and KANGOWRITE.  KANGOWRITE will not have any responsibility for distribution, publication, display, or any other disclosure of Customer Content by Customer Users via the Service.

 

4.2 Processing.  Customer agrees that KANGOWRITE may: (i) process the Customer Content to make the Service available to Customer Users; and (ii) process the Account Information as necessary to provide the Service, administer its business relationship with Customer (including for billing, customer support, and product-related communications), and as otherwise set forth in the Privacy Policy.

 

4.3 Service Providers.  In addition, KANGOWRITE may allow service providers who act on KANGOWRITE ’s behalf to process Customer Content and Account Information in connection with providing the Service, provided that: (a) such service providers are subject to confidentiality obligations that are substantially as protective of the Customer Content as those set forth in this Agreement; and (b) KANGOWRITE will not be responsible for any breach of this Agreement by such service providers in connection with the provision of the Service.

 

4.4 Security.  KANGOWRITE will provide and maintain commercially reasonable information security policies and safeguards, which include technical and organizational measures, designed to preserve the security, integrity, and confidentiality of the Customer Content and to protect it against unauthorized access and information security threats.

 

4.5 Treatment at Termination. Upon the effective date of termination, KANGOWRITE has no obligation to retain, and may delete, Customer Content.

 

4.6 Ownership.  As between the parties, Customer retains all right, title, and interest in and to all Customer Content.  Customer represents and warrants that it has all rights, permissions, and consents necessary: (a) to submit all Customer Content to the Service; (b) to grant KANGOWRITE the limited rights to process Customer Content as set forth in this Agreement; and (c) for any transfer or disclosure of Customer Content among or by Customer Users.

 

5.        Fees and Payment.

 

5.1 Fees; Payment.  In consideration of the Services, Customer will pay the fees specified at the time of purchase.  All fees are nonrefundable once paid, except as expressly otherwise provided in this Agreement or the applicable Order.  Customer agrees to promptly notify KANGOWRITE of any changes to its billing information.  If Customer uses a credit card to make payment hereunder, Customer authorizes KANGOWRITE to charge such credit card on a recurring basis for all applicable fees and taxes.  If Customer is invoiced for fees and taxes, all amounts are payable according to the invoice instructions in U.S. dollars net thirty (30) days from the date of the invoice unless otherwise specified. Services purchased and all renewals shall be payable in advance. KANGOWRITE reserves the right to correct any billing errors or mistakes that it identifies even if it has already issued an invoice or received payment.  Customer agrees to notify KANGOWRITE about any suspected billing errors or mistakes within thirty (30) days after the relevant invoice or charge date; failure to do so will result in waiver of Customer’s right to dispute such errors or mistakes.  Except as prohibited by law, KANGOWRITE may charge a late fee of one- and one-half percent (1.5%) per month on past due amounts.  Customer will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by KANGOWRITE to collect any amount that is not paid when due.  KANGOWRITE may accept payment in any amount without prejudice to KANGOWRITE ’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to KANGOWRITE by Customer may not be withheld or offset against amounts due or asserted to be due to Customer from KANGOWRITE. Other than income taxes imposed on KANGOWRITE, Customer will bear all taxes, duties, VAT and all other governmental charges (collectively, “taxes”) resulting from this Agreement.  If Customer is exempt from any applicable taxes, it will provide evidence reasonably satisfactory to KANGOWRITE of its tax-exempt status.  If Customer requires a purchase order, vendor registration form, or other documentation, such requirement will in no way affect or delay Customer’s obligation to pay any amounts due hereunder.

 

5.2 Refunds.  By using the Services, you acknowledge and agree that KANGOWRITE is only offering “pass through” services to facilitate payments by you, the Customer, to third parties. Any claim by the Customer must be addressed directly to the party that provided the service in dispute. KANGOWRITE is not responsible for the refunding of any funds for any transactions conducted through the Service. You acknowledge and agree that the services are offered “As-Is” and no refunds of fees paid to KANGOWRITE will be issued, even if you are able to receive a refund from the third party.  

 

5.3 Resellers and Payment Processors.  KANGOWRITE may enable Customers to purchase and/or pay for certain Services through an authorized reseller or payment processor (“Channel Partner”).  Customer’s obligation for payment to, and relationship with, such Channel Partner is between Customer and such Channel Partner.

 

6.        Term and Termination.                      

 

6.1 Term.  This Agreement will remain in effect throughout the Term unless earlier terminated as set forth herein.  The term of this Agreement shall run concurrently with the duration of time that a Customer User maintains an active account, and/or for as long as the user has the application installed.

 

6.2 Termination for Cause; Suspension.  Either party may terminate this Agreement immediately if the other party breaches any material provision of an applicable Order, or this Agreement, and fails to cure that breach within thirty (30) days of written notice from the non-breaching party identifying the breach.  In addition, KANGOWRITE may suspend Customer User’s access to the Service immediately if: (a) Customer fails to make a payment when payment is due; or (b) Customer has (or KANGOWRITE reasonably suspects that Customer has) breached, misappropriated or infringed KANGOWRITE ’s intellectual property or proprietary rights. 

 

6.3 Effect of Termination.  Upon expiration or termination of this Agreement for any reason: (a) all Orders under this Agreement will terminate; (b) all rights and obligations of the parties hereunder will cease (except as set forth in Survival section below); (c) Customer will remain obligated to pay for Professional Services rendered through the effective date of termination; and (d) Customer will not be entitled to any refund of fees (except as set forth in Section 4.2 above).

 

6.4 Survival.  The following sections will survive termination or expiration of this Agreement: 4.2 (Processing), 4.5 (Treatment at Termination), 4.6 (Ownership), 5 (Fees; Payment) (with respect to amounts that are accrued but unpaid as of the effective date of termination), 6.4 (Survival), 7 (Intellectual Property / Proprietary Rights),11 (Limitation of Liability; Damages Exclusion), 12 (Indemnification), 14 (Notices), 15 (Entire Agreement), and 17 (General).

 

7.        Intellectual Property.  The Services including but not limited to text, content, photographs, video, audio and graphics, and goods is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. It may not be distributed in any way or form without prior written permission from KANGOWRITE, LLC.  As between the parties, KANGOWRITE retains all right, title and interest in and to: (a) the Services, Work Product, and the technology and software used to provide them, and all intellectual property and proprietary rights therein; and (b) all electronic and print documentation and other content and data (excluding Customer Content and Account Information) made available through the Services.  Except for the licenses as set forth in this Agreement, this Agreement does not convey any of KANGOWRITE ’s intellectual property or proprietary rights to anyone, including Customer. Customer agrees that KANGOWRITE will have a perpetual right to use and incorporate into the Services or Work Product any feedback or suggestions for enhancement that Customer or a Customer User provides to KANGOWRITE, without any obligation of compensation.  In the event Customer believes that material or content published on the Site may infringe on another’s or your copyright, Customer will provide a detailed description of the infringement to KANGOWRITE.

 

8.        No Linking and Framing. Customer or Customer Users may not link to or frame the Service, Site or any portion thereof, without the KANGOWRITE’S express written consent.

 

9.        Privacy.  Customer acknowledges and agrees that use of the Services is subject to KANGOWRITE’S privacy practices, which are described in the Privacy Policy, and may be updated from time to time (a current version of which can be found at https://www.Kangowrite.com/privacy-policy) (“Privacy Policy”). The Privacy Policy details KANGOWRITE ’s handling and treatment of Customer Content and Account Information.

 

10.        Representations and Warranties; Disclaimer.

 

10.1 Authority Warranty. Customer represents and warrants that it has the necessary authority to enter into this Agreement on behalf of themselves or the entity they are representing, as applicable. If Customer is accepting this Agreement in connection with its use of the Services on behalf of any entity, Customer acknowledges and agrees that this Agreement will be enforceable against such entity.

 

10.2 Limited Warranty for Service.  If Customer has paid fees under this Agreement for the Service, KANGOWRITE represents and warrants that the Service will operate substantially as described in the online product descriptions written or created by KANGOWRITE and made available on the Site.  Customer must notify KANGOWRITE in writing of any alleged failure by KANGOWRITE to comply with this warranty within thirty (30) days of such failure.  Upon receipt of such notice, KANGOWRITE will either: (a) use commercially reasonable efforts to cure or correct the failure, or (b) terminate the applicable Order and issue a prorated refund for the terminated portion of the Subscription Services.  This Section sets forth Customer’s exclusive rights and remedies and KANGOWRITE ’s sole liability in connection with the provision of the Service.

 

10.3 Limited Warranty for Professional Services.  If Customer has paid fees under this Agreement for Professional Services, KANGOWRITE represents and warrants that the Professional Services will be provided in a competent and workmanlike manner in accordance with the Order, as applicable.  Customer must notify KANGOWRITE in writing of any alleged failure by KANGOWRITE to comply with this warranty within thirty (30) days following delivery of the Professional Services.  Upon receipt of such notice, KANGOWRITE will either: (a) use commercially reasonable efforts to cure or correct the failure, or (b) terminate the Professional Services and issue a prorated refund for the terminated portion of the Professional Services.  This Section sets forth Customer’s exclusive rights and remedies and KANGOWRITE ’s sole liability in connection with the performance of the Professional Services.

 

10.4 Disclaimer.  Customer acknowledges that the Service may experience periods of downtime, including but not limited to scheduled maintenance.  EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, KANGOWRITE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, PROFESSIONAL SERVICES, WORK PRODUCT, AND ANY INFORMATION OR MATERIALS RELATED THERETO OR MADE AVAILABLE THEREFROM, WHETHER EXPRESS OR IMPLIED. KANGOWRITE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.  KANGOWRITE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.  KANGOWRITE MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE THIRD-PARTY APPLICATIONS, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY THEREFOR. 

 

11.        Liability Limitation; Damages Exclusion.  KANGOWRITE WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE ARISING UNDER THIS AGREEMENT, EVEN IF IT HAS BEEN GIVEN ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES.  KANGOWRITE ’S ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO KANGOWRITE UNDER THE ORDER OR TO WHICH THE LIABILITY RELATES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE.

 

12.        Indemnification.

 

12.1 By Customer.  Customer will defend KANGOWRITE, its corporate affiliates, and their respective directors, employees, and agents (“KANGOWRITE Indemnified Parties”) from and against any claims, demands, proceedings, investigations, or suits brought by a third party arising out of: (a) the Customer Content; or (b) Customer’s use of the Service or Work Product in violation of this Agreement or applicable law. Customer will indemnify KANGOWRITE Indemnified Parties for any damages, reasonable attorney’s fees, and costs resulting from a claim that Customer is obligated to defend and finally awarded against KANGOWRITE or agreed to be paid by KANGOWRITE in a written settlement approved by Customer in writing.

 

12.2 Conditions.  The indemnifying party’s obligations under this Section 10 are contingent on the indemnified party: (a) promptly providing written notice of the claim to the indemnifying party; (b) giving the indemnifying party sole control of the defense and settlement of the claim (provided that any settlement unconditionally releases the indemnified party of all liability and does not make any admissions on behalf of the indemnified party or include payment of any amounts by the indemnified party); and (c) providing the indemnifying party, at the indemnifying party’s expense, all reasonable assistance in connection with such claim.  The indemnified party may participate in the defense of the claim at its sole cost and expense.

 

13.        Publicity.  Unless Customer has specifically notified KANGOWRITE to the contrary in writing (email notice permitted), KANGOWRITE may disclose Customer as a customer of KANGOWRITE, and may use Customer’s name and logo on the Site and in KANGOWRITE ’s promotional materials.  KANGOWRITE will request Customer’s prior consent for any other uses; such consent to be deemed given if Customer fails to respond to a request within five (5) business days.

 

14.        Notices.  Customer agrees to receive all communications, agreements, and notices from KANGOWRITE electronically, including by e-mail, in-app notifications, or by posting them on the Site or through the Service. Customer further agrees such communications provided electronically will satisfy any legal requirement that such communications be in writing.  Except where this Agreement permits notice to KANGOWRITE via email, all notices provided under this Agreement must be in writing and sent via internationally recognized delivery service or certified U.S. mail.  Notices sent via email will be deemed given one (1) business day after being sent; notices sent via any other authorized delivery method will be deemed given five (5) business days after being sent.  Notices must be addressed as follows: if to KANGOWRITE, to Attn: Alina Trueba, 7174 SW 47 Street, Miami, Florida 33155, and for notices permitted to be sent via email, to alina@kangowrite.com.

 

15.        Entire Agreement.  This Agreement and any Orders represent the entire agreement between KANGOWRITE and Customer with respect to Customer’s use of the Service and accompanying Professional Services.  In the event of a conflict between the payment terms in this Agreement and any Order, the payment terms in the Order will govern and control.  In the event of any other conflict between this Agreement and any Order, this Agreement will govern and control.  This Agreement and any Orders expressly supersede: (a) any terms or conditions stated in a Customer order or similar document, whether submitted or executed before or after the Service Start Date set forth in the applicable Order; and (b) any other contemporaneous or prior agreements or commitments regarding the Service or the other subject matter of this Agreement.  For the avoidance of doubt, this Agreement will not supersede any non-disclosure agreement entered into by the parties governing information exchanged prior to Customer’s use of the Services or for purposes unrelated to this Agreement. 

 

16.        Arbitration.

 

16.1 In the event of a dispute. In the event of a dispute with KANGOWRITE, Customer agrees to first contact us at alina@kangowrite.com and describe in detail the nature of the dispute. In the event the dispute cannot be resolved in an informal manner within a reasonable time, KANGOWRITE and Customer agree to resolve any claim, dispute, or controversy (with the exception of any injunctive or other equitable relief sought) arising from or relating to Service, or the breach or alleged breach thereof by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. In the absence of a contrary agreement, the arbitration will be conducted in Dade County, Florida. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

 

16.2 NO CLASS ACTIONS OR CONSOLIDATION.  Any claim arising from a dispute must be brought by the parties in their individual capacity and not as a class member in any purposed class. Absent an expressed written agreement between KANGOWRITE AND Customer, the arbitrator may not consolidate more than one person’s claim. BY ENTERING INTO THIS USER AGREMENET, CUSTOMER AGREES TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.        General.  Neither party is liable for delay or default under this Agreement if caused by conditions beyond its reasonable control.  This Agreement and any Orders are governed by the laws of the State of Florida, without regard to its conflicts of law rules, and each party hereby consents to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida for any dispute arising out of this Agreement or any Orders. The waiver of any breach of any provision of this Agreement or of any Order will be effective only if in writing, and no such waiver will operate or be construed as a waiver of any subsequent breach.  If any provision of this Agreement or of any Order is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not permitted by law), and the rest of this Agreement or the relevant Order is to remain in effect as written. Notwithstanding the foregoing, if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this Agreement or any Order, the entire Agreement or the relevant Order will be deemed null and void.

 

18.        Modifications. KANGOWRITE reserves the right to modify this Agreement by posting a revised version on the Site. Continued use of the Services after the revision will constitute Customer’s agreement and acceptance to the modified Agreement. If Customer does not agree to a revision, Customer may terminate this Agreement by providing written notice to KANGOWRITE. For the avoidance of doubt, Customer will not receive a refund of fees. Customer's termination will be effective upon KANGOWRITE’S acknowledgement of such termination, and in no event later than thirty (30) days from KANGOWRITE’S receipt of Customer's termination notice.

 

19.       Google Single Sign-on. Customer acknowledges and agrees that (i) this Agreement is concluded between you and KANGOWRITE only, and not Google, and (ii) KANGOWRITE, not Google, is solely responsible for the Service and content thereof. Your use of the Google Single Sign-On must comply with the Google’s Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to KANGOWRITE. Customer acknowledges that Google is not responsible for addressing any claims relating to the Service including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ustomer acknowledges that, in the event of any third party claim that the Service infringes on third party’s intellectual property rights, KANGOWRITE, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Customer agrees that Google, and Google’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Service and that, upon your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Service against you as a third party beneficiary thereof.  Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Service.

 

20.        Definitions.

 

“Account Information” means personal information about Customer Users provided to KANGOWRITE in connection with the creation or administration of Customer User accounts.  For example, Account Information includes names, grade, and emails associated with a Customer User account.  Account Information DOES NOT include aggregate or de-identified information compiled from Account Information that does not identify Customer, any Customer User, or any other individual.

 

“Add-Ons” means optional features and applications developed by KANGOWRITE and purchased and included as part of Customer’s subscription.

 

“Confidential Information” means all financial, technical, or business information of the Disclosing Party that the Disclosing Party designates as confidential at the time disclosed to, or learned by, the Receiving Party, or that the Receiving Party reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure.  Confidential Information DOES NOT include Customer Content or Account Information.

 

“Customer Content” means data, information, file attachments, text, images, personally identifiable information, and other content that is (a) uploaded or submitted to the Service by Customer Users; and/or (b) collected by Customer Users from third parties using “web forms” or similar features of the Service.  Customer Content DOES NOT include usage, statistical, and technical information related to Customer Content that does not reveal the actual contents of the Customer Content.

 

“Customer User” means, collectively, all (a) Licensed Users; (b) SysAdmins (regardless of whether or not they are Licensed Users); and (c) any Non-Licensed Users.

 

“Disclosing Party” means the party disclosing Confidential Information to the Receiving Party.

 

“Licensed User” means a user with certain rights to use the Service on Customer’s behalf.  Customer’s SysAdmin(s) may designate any user with a registered KANGOWRITE login as a Licensed User.

 

“Non-Licensed User” means a user with a KANGOWRITE login who (a) is not a Licensed User and (b) accepts an invitation to join Customer’s account and have his or her usage managed by Customer’s SysAdmin.

 

“Order” means (a) an electronic or tangible Order form or (b) online order, setting forth commercial details of a subscription to the Service (including any Add-Ons) and the purchase of associated Professional Services (if any), and incorporating this Agreement by reference.

 

“Partner Apps” means applications developed and owned by third parties for which Customer purchases a license from KANGOWRITE under this Agreement and are made available to Customer exclusively in accordance with the terms and conditions of the end user license agreements accompanying them (except that the payment provisions of this Agreement will apply).

 

“Professional Services” means implementation, configuration, integration, training, advisory, and other professional services related to the Service that are specified in an   or Order.

 

“Receiving Party” means the party receiving or accessing Confidential Information of the Disclosing Party. 

 

“Site” means KANGOWRITE ’s website at www.Kangowrite.com.

 

“Service” means KANGOWRITE’s internet-delivered web-based programs. 

 

“SysAdmin” means a user with certain administrative control rights over Customer’s subscription plan.

 

“Work Product” means all software, code, materials, ideas, deliverables, and items that are conceived, made, discovered, written, or created by KANGOWRITE ’s personnel in connection with providing the Professional Services.

Kangowrite Paper Tool

info@kangowrite.com

 

7174 SW 47 Street

Miami, Florida 33155

786 334 5728

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