Terms

Last Updated: January 23, 2024

Please read these Terms of Service (the “Terms”) carefully because the govern the use of the website located at https://kardanalytics.com/ (together with any other domains that redirect to https://kardanalytics.com/, the “Site”) belonging to KARDA, Inc. (together with its affiliates, “KARDA,” “us,” “our,” and “we”) and KARDA’s products, services, features, properties and any content, products, services or other items offered in connection therewith (collectively and together with the Site, the “Services”), unless a separate agreement or agreements (collectively, the “Agreement”) exist between you and KARDA, in which case the Agreement will control thereafter against any documentation or other agreements or materials, including the Terms.  If you do not agree to these Terms, then you have no right to access or use the Services. All information we collect on this Site is subject to our [Privacy Policy - HYPERLINK TO PRIVACY POLICY], which is incorporated herein by reference.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms, in which case you represent and warrant that you have the authority to bind that entity to the Terms (and in that case, “you” will refer to the individual and that entity).

THE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KARDA. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND ABIDE BY THE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND AGREE TO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). 

The Service is not directed to or intended for use by children under thirteen (13) years of age

YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE UNDER 13 YEARS OLD AND YOU MAY NOT DO SO IF YOU ARE 13 YEARS OR OLD, BUT UNDER 18 YEARS OLD OR LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, UNLESS YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN TO USE THE SERVICES.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.

THE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

KARDA may modify the Terms from time to time, in which case KARDA will post a new version on the Site and update the “Last Updated” date above. Modifications to the Terms are effective when posted to the Site. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes, and if you do not agree with these changes, you must immediately stop using the Services. Because the Services are evolving over time, KARDA may change or discontinue all or any aspect of the Services, at any time and without notice, at KARDA's sole discretion.  

  • ACCESS TO THE SERVICE

1.1 License.  Subject to these Terms, KARDA grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use.

1.2 Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not use or access the Service in order to develop similar or competitive content, products or services; (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, (e) you shall not use or access the Service in any way that violates any applicable laws, and (f) you may not link to our Site homepage unless you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  Unless otherwise indicated, any future Service (including any aspect thereof) shall be subject to the Terms.  All copyright and other proprietary notices embedded within or displayed on the Service must be retained.

1.3 Modification.  KARDA reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you.  You acknowledge and agree that KARDA will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

1.4 No Support or Maintenance.  You acknowledge and agree that KARDA will have no obligation to provide you with any support or maintenance in connection with the Service.

1.5 Ownership.  Excluding any User Content (as defined below), you acknowledge and agree that all the intellectual property rights, including without limitation rights in copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by KARDA or KARDA’s licensors.  Neither these Terms nor your access to or use of the Service transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 1.1 and 1.2. KARDA reserves all rights not granted in the Terms.  There are no implied licenses granted under the Terms. 

  • USER CONTENT 
  • User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Service.  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy under Section 2.3.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by KARDA.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  KARDA is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
  • License.  You hereby grant (and you represent and warrant that you have the right to grant) to KARDA an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
  • Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy.”
        1. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, likely to mislead or deceive, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of, or promotes or assists the violation of, any law, regulation, or obligations or restrictions imposed by any third party.
        2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
  • Enforcement.  We reserve the right (but have no obligation) to review any User Content or user activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person.  Such action may include, but is not limited to, removing, modifying or refusing to publish your User Content, terminating or suspending your access to the Service, disclosing and reporting your identity or other information about you to law enforcement authorities or third-parties who claim that material violates their rights, and/or taking any action that we deem necessary or appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS KARDA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KARDA DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KARDA OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
  • Feedback.  If you provide KARDA with any reports, comments, suggestions, ideas or other feedback regarding the Service (“Feedback”), you do so without expectation of compensation and you hereby grant KARDA a perpetual, irrevocable, freely transferable, freely sublicensable, fully-paid, royalty-free right and license to such Feedback and agree that KARDA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Feedback is strictly voluntary and KARDA will treat any Feedback you provide to KARDA as non-confidential and non-proprietary.  You agree that you will not submit to KARDA any information or ideas that you consider to be confidential or proprietary.
  • Copyright Policy.  KARDA respects the intellectual property of others and asks that users of our Service do the same.  In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for KARDA is: Armando Torres, who may be reached at support@kardanalytics.com

  • INDEMNIFICATION.  You agree to indemnify and hold harmless KARDA (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your User Content, (c) your violation of the Terms; or (d) your violation of applicable laws or regulations.  KARDA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of KARDA.  KARDA will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.
  • THIRD-PARTY MATERIALS; OTHER USERS
  • Third-Party Materials.  The Service may use or contain links to third-party applications, websites and services, and/or sponsored links or display advertisements for third parties (collectively, “Third-Party Materials”).  Such Third-Party Materials are not under the control of KARDA, and KARDA is not responsible for any Third-Party Materials.  KARDA does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials.  You use all Third-Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so.  When you interact with any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
  • Other Users.  Each user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other users of the Service are solely between you and such users.  You agree that KARDA will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any user of the Service, we are under no obligation to become involved.
  • Release.  You hereby release and forever discharge KARDA (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Materials).  If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”


  • ASSUMPTION OF RISK RELATED TO DIGITAL ASSETS; DISCLAIMERS
  • Disclaimers. 

THE SERVICE AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND KARDA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE MAKE NO WARRANTY THAT THE SERVICE OR ANY COMPONENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. KARDA MAY UPDATE THE CONTENT ON THE SITE AND SERVICES FROM TIME TO TIME, BUT SUCH CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE MATERIAL ON THE SITE AND SERVICES MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  

  • LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KARDA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE SERVICE OR ANY COMPONENTS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY COMPONENTS, EVEN IF KARDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNTS PAID BY YOU AND RETAINED BY KARDA IN THE TRANSACTION GIVING RISE TO SUCH ACTION; OR (ii) ONE HUNDRED US DOLLARS (U.S. $100).  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   

  • TERM AND TERMINATION.  Subject to this Section, the Terms will remain in full force and effect while you use the Service.  We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of the Terms.  Upon termination of your rights under the Terms, your right to access and use the Service will terminate immediately.  Even after your rights under the Terms are terminated, the following provisions of the Terms will remain in effect: Sections 1.3-1.6 and 2–9.


  • GENERAL
  • Changes.  The Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to the Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service.  These changes will be effective immediately for new users of our Service.  Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  • Dispute Resolution.  PLEASE READ THIS CAREFULLY.  IT AFFECTS YOUR RIGHTS.  The terms of this Section 8.2 (Dispute Resolution) are separately referred to herein as the “Arbitration Agreement.”
        1. Applicability of Arbitration Agreement.  You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service or to any aspect of your relationship with KARDA, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or KARDA may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Terms or any prior version of the Terms.  
        2. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at support@kardanalytics.com.  The arbitration will be conducted at the San Jose, California office of JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/; JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, KARDA will pay them for you.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 
        3. Authority of Arbitrator.  The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.  The arbitrator will decide the rights and liabilities, if any, of you and us.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement).  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.  
        4. Waiver of Jury Trial.  YOU AND KARDA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 8.2(a).  An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 
        5. Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in San Jose County, California.  All other disputes, claims, or requests for relief shall be arbitrated. 
        6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@kardanalytics.com within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your username (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 
        7. Severability.  Except as provided in Section 8.2(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 
        8. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with us. 
        9. Modification.  Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at support@kardanalytics.com and expressly opting out of such change.
  • Governing Law; Venue. The Terms shall be governed by the internal law of the State of Delaware, without regard to conflict of law principles that would result in the application of any law other than the law of the State of Delaware.  The Parties agree that the exclusive jurisdiction of any actions arising out of this Agreement and not applicable to Section 8.2 will be in the state or federal courts, as applicable, located in Santa Clara County, California.
  • Export; Geographic Restrictions.
        1. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from KARDA, or any products utilizing such data, in violation of the United States export laws or regulations. 
        2. KARDA is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  • Disclosures.  KARDA is located at the address in Section 8.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • Electronic Communications.  The communications between you and KARDA use electronic means, whether you use the Service or send us emails or messages through third-party messaging platforms, or whether KARDA posts notices on the Service or communicates with you via email or messages through third-party messaging platforms.  For contractual purposes, you (a) consent to receive communications from KARDA in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KARDA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.  The foregoing does not affect your non-waivable rights.
  • Entire Terms.  The Terms constitute the entire agreement between you and us regarding the use of the Service, other than the Agreement if applicable.  Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.  The section titles in the Terms are for convenience only and have no legal or contractual effect.  The word “including” means “including without limitation.”  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  The Terms , and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without KARDA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  KARDA may freely assign the Terms .  The terms and conditions set forth in the Terms shall be binding upon assignees. 
  • Copyright/Trademark Information.  The KARDA trademarks, logos and service marks, and all related names, logos, product and service names, designs, and slogans (“Marks”) are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
  • Contact Information:

KARDA, Inc.

Address: 

575 Rengstorff Ave

Mountain View, CA 94040

Email: support@kardanalytics.com