The following terms and conditions ("Terms") govern all use of The Crosstab Kite website and all content, services and products available at or through the website (taken together, the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of The Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use the Website and that your parent or guardian agrees to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" throughout this document refer to that organization or entity).
2. Intellectual Property
The content displayed on the Website, including the selection, arrangement, and design ("Content") is the property of Crosstab LLC, and is protected by copyright and other intellectual property laws. The Content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Website, you agree not to reproduce, re-transmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Content to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose. All rights not expressly granted herein are hereby reserved.
The materials on the Website are provided 'as is'. Crosstab LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Crosstab LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website.
4. Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Crosstab LLC, its licensors, or its suppliers be liable to you or to any other person for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if Crosstab LLC has been notified of the possibility of such damage.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Crosstab LLC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Website (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Crosstab LLC has not reviewed all of the sites linked to or from the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Crosstab LLC of the site. Use of any such linked website is at the user's own risk.
7. Governing Law
Any claim relating to the Website shall be governed by the laws of Crosstab LLC's home jurisdiction without regard to its conflict of law provisions.
8. Entire Agreement
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.