Terms Of Service

The following terms and conditions govern all use of the kaiandrew.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by KA Education LLC (“KA Education LLC”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KA Education LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by KA Education LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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. If these terms and conditions are considered an offer by KA Education LLC, acceptance is expressly limited to these terms.

1. Your kaiandrew.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and KA Education LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause KA Education LLC liability. You must immediately notify KA Education LLC of any unauthorized uses of your account or any other breaches of security. KA Education LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by KA Education LLC or otherwise.

By submitting Content to KA Education LLC for inclusion on your Website, you grant KA Education LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, KA Education LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, KA Education LLC has the right (though not the obligation) to, in KA Education LLC’s sole discretion (i) refuse or remove any content that, in KA Education LLC’s reasonable opinion, violates any KA Education LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KA Education LLC’s sole discretion. KA Education LLC will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.

• General Terms.
  By selecting a product or service, you agree to pay KA Education LLC the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

• Automatic Renewal.
  Unless you notify KA Education LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to KA Education LLC in writing.

4. Services.

• Fees; Payment. By signing up for a Services account you agree to pay KA Education LLC the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. KA Education LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
• Support. If your service includes access to priority email support. “Email support” means the ability to make requests for support assistance by email at any time (with reasonable efforts by KA Education LLC to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free kaiandrew.com services. All support will be provided in accordance with KA Education LLC standard services practices, procedures and policies.

5. Responsibility of Website Visitors. KA Education LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, KA Education LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KA Education LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which kaiandrew.com links, and that link to kaiandrew.com. KA Education LLC does not have any control over those non-KA Education LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-KA Education LLC website or webpage, KA Education LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KA Education LLC disclaims any responsibility for any harm resulting from your use of non-KA Education LLC websites and webpages.
7. Copyright Infringement and DMCA Policy. As KA Education LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by kaiandrew.com violates your copyright, you are encouraged to notify KA Education LLC in accordance with KA Education LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. KA Education LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. KA Education LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of KA Education LLC or others. In the case of such termination, KA Education LLC will have no obligation to provide a refund of any amounts previously paid to KA Education LLC.
8. Intellectual Property. This Agreement does not transfer from KA Education LLC to you any KA Education LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KA Education LLC. KA Education LLC, kaiandrew.com, the kaiandrew.com logo, and all other trademarks, service marks, graphics and logos used in connection with kaiandrew.com, or the Website are trademarks or registered trademarks of KA Education LLC or KA Education LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KA Education LLC or third-party trademarks.
9. Advertisements. KA Education LLC reserves the right to display advertisements unless you have purchased an ad-free account.
10. Partner Products. By activating a partner product from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
11. Changes. KA Education LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KA Education LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Termination. KA Education LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your kaiandrew.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by KA Education LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from KA Education LLC’s notice to you thereof; provided that, KA Education LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties. The Website is provided “as is”. KA Education LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KA Education LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability. In no event will KA Education LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KA Education LLC under this agreement during the twelve (12) month period prior to the cause of action. KA Education LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the KA Education LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
16. Indemnification. You agree to indemnify and hold harmless KA Education LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
17. Miscellaneous. This Agreement constitutes the entire agreement between KA Education LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KA Education LLC, or by the posting by KA Education LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KA Education LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy & Disclaimers:

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What Personal Information Do We Collect From The People That Visit Our Blog, Website Or App?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When Do We Collect Information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

We also may automatically collect information about your browsing actions, equipment, and usage patterns using server logs, cookies, and similar technologies.

How Do We Use Your Information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways (with lawful basis for processing in parenthesis):

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested. (Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • To improve our website in order to better serve you. (Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • To allow us to better service you in responding to your customer service requests. (Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • To administer a contest, promotion, survey or other site feature. (Performance of a contract with you, Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • To quickly process your transactions. (Performance of a contract with you, Necessary for our legitimate interests to recover debts owed to us)
  • To ask for ratings and reviews of services or products (Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • To follow up after correspondence (live chat, email or phone inquiries) (Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

At any time, you may unsubscribe from our marketing by clicking the “unsubscribe” button on any email communication from us.

How Do We Protect Your Information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do We Use ‘Cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We Use Cookies To:

• Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It may affect the user experience that makes your site experience more efficient, and the site may not function properly.

However, you will still be able to place orders.

Third-Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According To CalOPPA, We Agree To The Following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above. You will be notified of any Privacy Policy changes on our Privacy Policy Page. You can also change your personal information by filling out the form at www.kaiandrew.com/contact.

How Does Our Site Handle Do Not Track Signals?

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does Our Site Allow Third-Party Behavioral Tracking?

It’s also important to note that we allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In Order To Be In Line With Fair Information Practices We Will Take The Following Responsive Action, Should A Data Breach Occur:

We will notify you via email within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We Collect Your Email Address In Order To:

• Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To Be In Accordance With CANSPAM, We Agree To The Following:

• Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us by filling out the form at www.kaiandrew.com/contact, or better yet, click the “unsubscribe” button on any email communication from us. If that happens, we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the form at www.kaiandrew.com/contact