PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using the KratosBI LLC website (the "Site") or any KratosBI applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to KratosBI LLC and "Services" refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
KratosBI LLC provides an online portal to give visitors a general understanding of the data and to provide an automated software solution to individuals who choose to prepare their own data solutions. Customer need not download or even license KratosBI software. KratosBI hosts its software as a backend service for customers when they create their own data solutions. The Site includes general information on commonly encountered data issues. At no time do we review your answers for data sufficiency, draw data conclusions, provide data advice, opinions or recommendations about your data rights, remedies, defenses, options, selection of forms, or strategies, or apply the data to the facts of your particular situation. KratosBI, its Services, and its forms or templates are not a substitute for the advice or services of a data or analytics engineer.
KratosBI strives to keep its documents accurate, current and up-to-date. However, because the technology changes rapidly, KratosBI cannot guarantee that all of the information on the Site or Applications is completely current. The technology is different from day to day, and may be subject to interpretation by different engineers.
The data is a personal matter, and no general information or data tool like the kind KratosBI provides can fit every circumstance. Furthermore, the data information contained on the Site and Applications is not data advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need data advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a data or analytics engineer in your area.
From time to time, KratosBI may perform certain access services and introduce our visitors to engineers through various methods, including but not limited to (i) data plans, (ii) third party engineer directory listings, and (iii) third party limited scope agreements. At no time is a client relationship fostered or created with KratosBI through the performance of any such services.
This Site and Applications are not intended to create any client relationship, and your use of KratosBI does not and will not create an client relationship between you and KratosBI. Instead, you are and will be representing yourself in any data matter you undertake through KratosBI's data service.
1. Privacy Policy. KratosBI respects your privacy and permits you to control the treatment of your personal information. KratosBI's Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify KratosBI immediately of any unauthorized use of your account, user name or password. KratosBI shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by KratosBI, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain KratosBI products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. In addition, you grant KratosBI a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by KratosBI at any time by removing your personal information from the applicable service.
2. Ownership. This Site and Applications are owned and operated by KratosBI LLC All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by KratosBI or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by KratosBI, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of KratosBI's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. KratosBI does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by KratosBI. Any rights not expressly granted herein are reserved by KratosBI.
3. Limited Permission to Download. KratosBI hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than KratosBI (each a "Third Party Site"). KratosBI works with a number of partners and affiliates whose sites are linked with KratosBI. KratosBI may also provide links to other citations or resources with whom it is not affiliated. KratosBI is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. KratosBI makes no guarantees about the content or quality of the products or services provided by such sites. KratosBI is not responsible for webcasting or any other form of transmission received from any Third Party Site. KratosBI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KratosBI of the Third Party Site, nor does it imply that KratosBI sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that KratosBI is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of KratosBI Forms, Templates, and Materials. On our Site, through our Applications, and through certain partners, we offer self-help "fill in the blank" forms, templates and materials. If you buy content from one of our partners, you will be directed to that partner's website and their terms of use will control. If you buy or download content on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither data advice nor the practice of data engineering, and that each piece of content and any applicable instructions or guidance is not customized to your particular needs.
License to Use.
KratosBI grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Content Prohibited.
By ordering or downloading Content, you agree that the Content you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of KratosBI LLC.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Care Center. In the unlikely event that the KratosBI Customer Care Center is unable to resolve your complaint to your satisfaction (or if KratosBI has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000. Moreover, in arbitration you may recover attorney's fees from KratosBI to the same extent or more as you would in court.
The arbitrator shall apply the same limitations period that would apply in court.
You may speak with independent counsel before using this Site or completing any purchase.
7. Additional Terms. Some KratosBI Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, KratosBI may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of KratosBI.
KratosBI is not the publisher or author of the User Content. KratosBI takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, KratosBI takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If KratosBI's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, KratosBI reserves the right to delete those files or to stop those processes. If the KratosBI technical staff suspects a user name is being used by someone who is not authorized by the proper user, KratosBI may temporarily disable that user's access in order to preserve system security. In all such cases, KratosBI will contact the member as soon as feasible.
KratosBI has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of KratosBI Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any KratosBI service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
Engineers that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant KratosBI a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of KratosBI. KratosBI permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that KratosBI may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KRATOSBI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KRATOSBI MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. KRATOSBI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, KRATOSBI OFFERS A 60 DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD KRATOSBI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF KRATOSBI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KRATOSBI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
11. Unsolicited Submissions. Except as may be required in connection with your use of KratosBI Services, KratosBI does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to KratosBI through or in association with this Site shall be considered non-confidential and KratosBI's property. By providing such submissions to KratosBI you hereby assign to KratosBI, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. KratosBI shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing KratosBI or using the KratosBI data services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your KratosBI user account.
KratosBI has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of KratosBI or of a third party or that violate intellectual property rights generally. KratosBI's policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
1.
Notice. KratosBI has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
General Counsel
c/o KratosBI LLC
8466 N 50th Street
Brown Deer, WI 53223
mailto:datagod@KratosBI.com
2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
13. Inappropriate Content. When accessing the Site, any Applications, or using KratosBI's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. KratosBI reserves the right to terminate or delete such material from its servers. KratosBI will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Non-English-Speaking Customers. Certain materials on the KratosBI site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Customers Needing Extra Assistance. KratosBI aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the KratosBI website, or otherwise have difficulties using the KratosBI website, please email DataGod@KratosBI.com and our customer care team will assist you.
19. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, KratosBI LLC ALL RIGHTS RESERVED.
21. Trademarks. KratosBI, KratosBI LLC, Kratos BI, the bi-colored "pantheon" logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of KratosBI. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse KratosBI as paid spokespeople in our advertising campaigns.
23. Inquiries. BY USING KRATOSBI'S SERVICES OR ACCESSING THE KRATOSBI SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO KRATOSBI VIA THE KRATOSBI SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO KRATOSBI, AND THAT KRATOSBI MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
24. Right to Refuse. You acknowledge that KratosBI reserves the right to refuse service to anyone and to cancel user access at any time.
25. Acknowledgement. BY USING KRATOSBI'S SERVICES OR ACCESSING THE KRATOSBI SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. KratosBI LLC is located at 8466 N 50th Street Brown Deer WI 53223.
Updated: Dec 11, 2021