KIV App terms & conditions

Welcome to Keptinview.com!

Keptinview.com is a Senior’s Independence-Support technology, that lets you quickly, easily and always manage your Home Downsizing plan so you can stress less and live better. It is a more intuitive (less maddening) way for people to keep track of their projects.

Keptinview.com offers a PWA(progressive web application) version (i.e., a desktop version or a browser supported computer program or smartphone application) (the “App”) branded as “Keptinview.com” (with one or more variations) that helps users manage their downsizing, decluttering and home safety projects. The App will be available for download through the link as PWA (progressive web application).

These Terms of Service (these “Terms”) govern your use of the KIV website, www.keptinview.com (the “Website”), the App and the Service, which are owned, run, operated and managed by Kept In View Inc. (“Kept In View”, “KIV”, “we,” “us,” or “our”).

THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND KIV, SO PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, APP OR OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE WEBSITE, APP OR THE SERVICE. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

If you are using the App, website or the Service on behalf of any organization, you represent and warrant that you are authorized to accept these Terms on such organization’s behalf (in which case, “you” and “your” will refer to that organization), and that such organization agrees to indemnify you and us for violations of these Terms. Nothing in these Terms will be deemed to confer rights or benefits on any third party.

Changes to these Terms.

We reserve the right to change or modify these Terms and any policies or guidelines governing your use of the Website, App, and/or the Service, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Website or through the App. Your continued use of the Website, App or the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website or through the App to understand the terms and conditions applicable to your use of the Website, App and the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Website and the Service.

Privacy.

We believe strongly in user privacy. Please refer to our Privacy Policy (“Privacy Policy”) for information on our privacy practices. Your use of the Website, the App and/or the Service signifies your acknowledgment of, and agreement to, the Privacy Policy. If you are a resident of any country outside the CANADA, you understand and agree that we will store and process your personal information on computers located in CANADA, and that by providing any information to us, you consent to the transfer of such information to the CANADA.

Minors.

To create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 years of age or older.

Your Account.

We require you to register and create an account to use the App Services. For creating an account, you must complete an online registration form designating a user ID and password.

You are solely responsible for all materials and information that you upload, post, or otherwise transmit via the Service. Only you may use your KIV account and you are responsible for your account.

If you become aware of any unauthorized use or access of your account, or have any account related questions, please contact KIV CUSTOMER SERVICE.

Account Terms.

You represent and warrant that you:(a) are authorized to use the Website, the App and the Service; (b) all of your registration, account is true, accurate and complete at all times; (c) you will maintain the security of your password, if any; and (d) you accept all responsibility for all activity that occurs under your user name. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.

You get to choose your email address(es) when you register for an account. If it is a personal email account, you solely will have the right to control it. If, however, your organization provided you with your account, you understand that such organization has rights to your account and may: (i) manage your account (including suspending or canceling it); (ii) reset your password; (iii) view your usage and profile data, including how and when your account was used; and (iv) manage the Content (as defined below) in your account.

Content.

You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content (“Content“) to the Website or on the App so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but do not have the obligation) to remove or edit such Content. We do not regularly review posted Content. If you do post Content, add pictures and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content if we or they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content and/or pictures that you post and/or submit; (b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms; and (d) the Content will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.

Data Security.

While we take reasonable measures to safeguard your Content, you are responsible for maintaining a backup of all of your Content outside of the Service that is readily available to you at all times in case of any loss, erasure or destruction of your Content stored on the Service. In particular, we are not responsible for any delays, problems or other issues that may arise during the process when you sync up the Services across various platforms, such as your smartphone, iPad and/or any laptop or desktop through which you access the Service. We do not control those devices and cannot ensure their safety or the security of your Content available through those devices, including, without limitation, any unauthorized access by anyone using those devices with or without your consent. You acknowledge and understand that we rely on third party providers to provide us and users of the Service, including you, various security, and encryption measures reasonably necessary to safeguard your Content. We have listed the measures that we currently always take on the Website and/or App merely for illustration purposes and we do not warrant their availability or their efficacy. Our respective vendors are solely responsible for the security measures they provide and your sole remedy for any breach would be against them and not us.

Please be aware that we do not and cannot guarantee that our privacy and data security policies and practices will comply with or conform to any minimum or higher privacy or data security standards that may be imposed on any materials or other content you store on KIV. You are solely responsible for verifying and ensuring that our systems meet any such requirements imposed on you by applicable law, regulations, governmental, court or regulatory orders, or custom or usage of trade, and we are not responsible for any resulting consequences you may face if our systems or our service is found not to meet those specific legal, regulatory or governmental standards, except to the extent we otherwise expressly state in our Privacy Policy or these Terms.

Acceptable Use Policy.

You agree that you will not, nor will you encourage others or assist others, to: (a) harm the Service or use the Service to harm, threaten or harass others; (b build a similar service or website; (c) damage, disable, overburden, or impair the Service (or any network connected to the Service); (d) resell or redistribute the Service or any part of it; (e) probe, scan or test the vulnerability of any system or network related to the Service; (f) breach or otherwise circumvent any security measures or authentication protocols, including any authorized third party payment network protocols used by or through us; (g) use any authorized means, or any automated process or service to modify, reroute, or gain access to or use of the Service or attempt to carry out any of these activities; (h) use the Service beyond the features or functionality allocations and amounts or storage space limits provided in your specific Service or in violation of our fair use policy; (i) use the Service to violate any law or distribute malware, malicious, unlawful, indecent or pornographic Content; (j) distribute, post, share information or Content you don’t have the right to or is illegal; or (k) violate the privacy or infringe the rights of others.

You also always agree to comply with all laws, regulations, government, court and regulatory orders, notifications, customs and usage of trade as may be applicable to you and your use of the Service. In particular, you will not create or store any Content on Kept In View(KIV) if such creation or storage would result in breach of your legal or regulatory obligations and may expose us to any legal or regulatory action, investigation, penalty, fine or suspension. You understand and acknowledge that Kept In View(KIV) merely provides an inventory management and storage system for individuals and businesses and we do not control how or what information you specifically store on KIV, except for any overall account and storage limits that we may impose from time to time based on your account type.

Copyright.

The Website and all content and other materials on the Website, including, but not limited to, the “Keot In View(KIV)” effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials“) are our property or that of our licensors or users and are protected by CANADA and/or international copyright laws.

Trademark.

“Kept In View”, the “Kept In View” logo, and any other product or service names or slogans contained on the Website or the App (including, without limitation, are trademarks of Kept In View(KIV) Inc. or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kept In View(KIV) or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Kept In View (KIV)” or any other name, trademark or product or service name of Kept In View (KIV) without our prior written permission. In addition, the look and feel of the Website and the App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Kept In View(KIV) and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website or the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Limited License and Restrictions.

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Website, the App and the Materials Kept In View(KIV) in accordance with, and subject to, these Terms and any other of our policies as posted on the Website or the App. Except as otherwise expressly permitted by these Terms, you may not: (a) collect, use, copy or distribute any portion of the Website, the App or the Materials; (b) resell, publicly perform or publicly display any portion of the Website, the App or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Website, the App or the Materials; (d) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Website or the App; (e) use the Website or the App in a manner which results in the depletion of Website or the App infrastructural resources; (f) download (other than page caching) any portion of the Website, the App the Materials or any information contained therein; or (g) use the Website, the App or the Materials other than for their intended purposes.

Third Party Sites and Content.

We may host or provide links to products, services, Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for, such Third-Party Sites and Content, or for the quality, accuracy, nature, ownership, or reliability thereof. Users, including you, may use these links and the Third-Party Sites and Content contained therein at their own risk. When you leave the Website or the App, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or App.

Advertisements and Promotions; Third Party Products and Services.

We may run advertisements and promotions from third parties on the Website or the App, or we may otherwise provide information or links to third party products or services on the Website or the App. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Website or the App.

DISCLAIMER OF WARRANTIES.

THE WEBSITE, THE APP, THE SERVICE, THE MATERIAL AND THE SUPPORT, AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE APP OR THE STORE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE, THE APP OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (D) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (E) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (F) THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY.

IN NO EVENT WILL KEPT IN VIEW(KIV) OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND/OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP EXCEED THE LESSER OF (A) AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR KEPT IN VIEW YOUR ACCESS TO OR USE OF THE WEBSITE OR THE APP (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US), AND (B) $10. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification and Release.

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with: (a) your use of the Website, the App, the Materials, the Support and/or the Service; (b) your conduct; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Website or the App.

Confidentiality.

During your use of the Service, we may share information that is confidential, sensitive or should be kept a secret. Similarly, we agree that your Content, account information and payment information is confidential to you. Also, any materials either of us shares that are labeled “confidential” (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information.

Confidential information, however, will not include information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had a right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.

You and we agree that: (i) confidential information will remain the property of its owner; (ii) we will treat each other’s confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care; (iii) we will use each other’s confidential information only in connection with these Terms and the Service; (iv) we will share confidential information only on a “need to know” basis with those who agree in writing to maintain its confidentiality in a similar manner; and (v) we will not share any confidential information with any third party expect as allowed by these Terms or through the Service.

Suspension and Termination of the Service.

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to suspend or terminate your access to the Service at any time in our sole discretion, and/or any of your rights under these Terms (including, but not limited to, your right to use the Website, the App and the Service) and to block or prevent your access to and use of the Website, the App and the Service for any or no reason. We also reserve the right to deactivate, change and/or require you to change any KEPT IN VIEW user ID or password used in connection with the Service.

You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service.

Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or our Acceptable Use Policy mentioned in Section 8 above. You must make such request within 14 days following termination; otherwise, any Content you have stored with the Service may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.

Service Updates.

We reserve the right to make necessary deployments of changes, updates or enhancements to the Service at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Service altogether at any time.

Electronic Communications.

Notwithstanding any terms to the contrary in these Terms, KEPT IN VIEW(KIV) may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with KEPT IN VIEW(KIV) or upon registration with, or use of, the Website, the App or the Support; or (b) posting messages that are displayed to you when you log in to or access the Website, the App or the Support. KEPT IN VIEW(KIV) electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with KEPT IN VIEW(KIV), and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Service.

Notices and Procedure for Making Claims of Copyright Infringement.

If you believe that anything on the Website or the App infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent by mail as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement:

To be effective, the notification must be a written communication that includes the following:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;(b) 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;(c) 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 us to locate the material;(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;(e) a statement that the complaining party has 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(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records, if any. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, KEPT IN VIEW(KIV) has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of KEPT IN VIEW(KIV), account holders who are deemed to be repeat infringers. KEPT IN VIEW(KIV) may also at its sole discretion limit access to the Website, the App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Free Accounts and Paid Accounts.

KEPT IN VIEW(KIV) offers both free and paid/subscription Service.

You may sign up for our basic individual free account at the beginning. KEPT IN VIEW(KIV) believes that a free account will enable our users to at least test some of the features and functionalities so that they may realize the value of our Home Downsizing, Decluttering and Safety services. Accordingly, at this time, we expect that the free account will continue to be offered as a basic Service to all individual users. We, however, reserve the right to discontinue the free account and/or convert into a paid subscription account at any time at our sole discretion upon notice. If that happens, you must either convert the account or discontinue using the free account by the date we indicate.

We reserve the right to change our prices at any time. However, if we have offered Fees for any specific subscription period, we will honor those fees for that period. After its expiry, your use of the applicable Service will automatically renew and you will be charged as per the prevailing Fees on the first day of your renewal period, unless you cancel or downgrade your account (as applicable) before the end of that period in accordance with these Terms.

For all paid/subscription accounts, you agree that you: (a) are required to have a KEPT IN VIEW(KIV) account for each user; (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased; (c) are responsible for setting your configurations of your specific Service; and (d) are responsible for managing all of your devices and/or systems that you use to access your specific Service.

Miscellaneous.

These Terms and your use of the Website, the App, the Support and the Service will be governed by and construed only in accordance with the laws of province of Ontario, Canada applicable to agreements made and to be entirely performed within province of Ontario, Canada sort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in province of Ontario, Canada. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. However, you agree that KEPT IN VIEW(KIV) may apply for injunctive remedies in any jurisdiction worldwide. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. None of your rights or duties under these Terms may be transferred, assigned, or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Reports.

If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to KEPT IN VIEW CUSTOMER SERVICE. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible

User Request to Terminate User Data.

In the event that a user wishes to terminate or suspend their account, they are able to get in touch with us by emailing management@keptinview.com

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