Privacy Policy / Rider Use Agreement / Terms of Use Agreement

PRIVACY POLICY

We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with our web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.

We recognizes the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

For purposes of this Privacy Policy (“Policy” or “Privacy Policy”), the terms “we,” “us,” “our” and “Kali Protectives” refer to Kali Protectives and “you” and “your” refers to you, as a user of the Kali Protectives service. Kali Protective’s Site and Kali Protectives Riders Site make up a community of social-networking web sites that we refer to here as the “Kali Protectives Sites.” The Kali Protectives Sites, allow registered users (“Riders”) to create personal profiles online, display content, share information and comments, utilize services and establish a network of relationships – all within one Kali Protectives Site.

In order to operate the Kali Protectives service and to provide our services, including, but not limited to, an interesting product manufacturer/distributor reseller website featuring social networking platform for sports participants, we must ask you to provide some information about yourself. “Participants” shall include, but not be limited to, athletes, drivers, riders, gamers, musicians, models, actors, entertainers and celebrities. Kali Protectives is committed to providing a safe and secure website for people of all ages. We are dedicated to safeguarding all personal information collected online. Because children may visit this website, we employ special measures to help children protect their privacy while online. We do not ask children to disclose more personal information than is necessary for them to participate in a particular activity, and we take steps to prevent children from posting contact information without parental consent. We urge children to check with their parents before entering information on any website and we urge parents to discuss with their kids restrictions regarding the online release of personal information to anyone they don’t know.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers Kali Protectives’s treatment of personal information that Kali Protectives gathers when you are on the Kali Protectives Sites and when you use Kali Protectives services. This policy does not apply to the practices of third parties that Kali Protectives does not own or control, or to individuals that Kali Protectives does not employ or manage.

WHEN THIS PRIVACY POLICY APPLIES

This Privacy Policy applies whether you are accessing Kali Protectives and/or Kali Protectives Sites via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing as a Rider or other user. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by us via Kali Protectives Sites and does not cover any such information collected by any other company or third party, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from Sponsors, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

Your continued use of Kali Protectives Sites indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information and Other Information as described herein. We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions will be effective immediately upon posting. Notice of material changes may be posted on Kali Protectives Sites and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. We encourage you to check this Privacy Policy and the Terms of Use often for updates.

We are committed to protecting users’ privacy. Keeping the Personal Information you share with us secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission online is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

ELIGIBILITY

Visitors to Kali Protectives Sites may participate in many activities without providing any personally identifiable information. However, if a user wants to participate in certain of our interactive features, we ask the user to register and provide us with the following information: the user’s e-mail address and verification that the user is 13 years of age or older. We do not allow Rider accounts for those under 13 years of age. If you have questions about these information practices, you may contact us at [email protected]

or via mail at Kali Protectives, 375 Tennant Avenue, Morgan Hill CA 95037, USA.

If you are between 13 and 17 or under the age of majority where you live, before you use Kali Protectives Sites please review this Agreement with your parents or guardians. Until you reach the age of majority where you live, you certify that your parents or guardians have consented to your use, they have agreed to this Agreement on your behalf, and you agree to provide them with your current registration e-mail address and password at all times. You understand that your parents or guardians may ask us to modify or terminate your use or access, and we may do so at their request or for any other reason, at any time, without notice or responsibility to anyone.

By your use, you certify that you are at least 13 years of age or the required greater age for certain features and meet any other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features and/or do not meet other eligibility requirements, please discontinue using Kali Protectives Sites immediately and do not send any Information about yourself. If we discover that a user under age 13, does not have verified parental consent and/or has provided us with Personal Information or Other Information, we will delete it.

U.S. GOVERNING LAW

Kali Protectives Sites are established in the United States, meaning that you are accessing a community network in the U.S. Kali Protectives Sites are governed by and operated in accordance with the laws of the U.S. Kali Protectives makes no representation that Kali Protectives Sites are governed by or operated in accordance with the laws of other nations. Please be aware that any Personal Information or Other Information you provide to us or we obtain as a result of your use of Kali Protectives Sites will be collected in the U.S. or transferred to the U.S. by or on behalf of the Community Sites. By using or participating in Kali Protectives Sites and/or providing us with your Personal Information or Other Information, you (i) consent to the transfer, processing and/or storage of any Personal Information and Other Information you provide to Kali Protectives Sites, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that Kali Protectives Sites will collect, transfer to, process and/or store and deal with your Personal Information and Other Information in accordance with this Privacy Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

COLLECTION, USE AND DISCLOSURE OF INFORMATION

Personal Information” means information that would allow someone to identify you or contact you, such as your full name, e-mail address, physical address, telephone number, date of birth, blog, sponsorship application information or personal web site URL. “Other Information” means any information other than Personal Information that is collected by Kali Protectives or Kali Protectives Sites. Other Information includes, but is not limited to, non-personally identifiable data regarding how Riders and other users navigate and use Kali Protectives Sites, including the number and frequency of visitors to each page, the length of their stays, the type of browser used (for example, Internet Explorer or Firefox), the operating system used (for example, Windows or Mac), the domain name of each user’s Internet service provider (for example, Earthlink or AOL) and certain other information (for example, “click stream” data). “Information” means, collectively, Personal Information and Other Information. “IP Address” means the number automatically assigned to your Device when you access the Internet, which our web servers use to identify where to send the information that your Device requests.

Collection of Information

  • We collect Personal Information and Other Information about you when you provide it to us on Kali Protectives Sites, including when you register, participate in any services, features or functions of a Kali Protectives Site, participate in promotions such as sweepstakes and contests, or in the course of any other exchanges of data, transactions and/or activities. As discussed in above, Kali Protectives Sites that you join may also receive your registration Information and certain Other Information relating to your use of the Community Sites.
  • We may also ask you to provide us with Other Information, including demographic or similar information. If we link this Other Information with your Personal Information, we will treat it as Personal Information.
  • In addition, as part of our current and planned services we may, at any time, offer additional features that require you to register or otherwise provide Personal Information, including for example, credit card information, or we may require a fee to gain access to any portion of Kali Protectives. You may choose not to provide certain Information, but then you may be unable to take advantage of or participate in Kali Protectives Sites.
  • We collect your IP Address when you visit or request pages from Kali Protectives Sites.

Use of Information

  • We may use the Personal Information and Other Information that we obtain from you, to provide Kali Protectives and to tailor your experience on Kali Protectives Sites.
  • We may use your Personal Information to send you notifications relating to Kali Protectives Sites, including, for example, when someone posts a comment to your profile or when someone tries to contact you.
  • We may disclose non-personally identifiable information about Riders and other users, such as web site usage statistics, to Kali Protectives Partners and third parties. For example, when you join a Kali Protectives Site, we may use your Information (without specifically identifying you) to personalize advertisements and offers or to report aggregate information such as how many Kali Protectives Riders are in a certain genre or enjoy a certain product or service.
  • We may use your Information for internal purposes (including, for example, reporting and enforcing cross-community violations of the Terms of Use or for other purposes disclosed when you provide your Information. We may contact you regarding problems or questions we have relating to your use of Kali Protectives Sites, or, in our discretion, to notify you of changes to this Privacy Policy, our Terms of Use or another policy that may affect your use of Kali Protectives Sites.
  • We may make you aware of additional products and services that may be of interest to you or to contact you regarding site changes. You can choose whether to receive some, all or none of these communications.

Disclosure of Information

  • Kali Protectives has access to your registration and profile Information, including, but not limited to, your Personal Information.
  • We may employ third-party operational service providers to perform functions on our behalf for the purpose of administering and maintaining portions of Kali Protectives Site services, features, functions and operations and performing other services on our behalf, for example, sending communications on our behalf, analyzing data, providing marketing assistance and providing customer service. In order to provide such services, these operational service providers may have access to your Information and they will be required to handle it consistent with this Privacy Policy.
  • We do not share your Personal Information with unaffiliated third parties for their direct marketing purposes unless you first affirmatively agree to the disclosure when invited to do so (including, for example, by checking the checkbox provided). If you do agree to receive communications from an unaffiliated third party, your shared Personal Information will be subject to that third party’s privacy policy. Therefore, if you later decide that you do not want that third party to use your Personal Information, you will need to contact the third party directly.
  • We may share your Information with unaffiliated third parties under the following limited circumstances:
    • When legally required to do so (for example, to respond to subpoenas, court orders or legal process) or at the request of law enforcement or other governmental authorities
    • If we believe your actions violate any law, regulation, the Terms of Use Agreement, this Privacy Policy, or any of our other terms and conditions, Rules, services, features or functions, or if you threaten the rights, property or safety of Kali Protectives Sites, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, Riders, users or any other party
    • If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to establish or exercise our legal rights or defend our interests, and/or to comply with our legal and regulatory obligations
    • In the event of a bankruptcy, merger, consolidation, acquisition, restructuring, transfer of control, joint venture, fundamental corporate change, or other business combination involving us

PROFILE PRIVACY SETTINGS

We offer you the ability to manage your profile and limit how much of your Personal Information is displayed and what communications you receive from Kali Protectives.

PUBLICLY DISCLOSED INFORMATION; PROFILES AND POSTINGS

To the extent allowed under applicable law, this Privacy Policy does not apply to any Information that you publicly disclose or display, or allow on your profile. Because your Rider and Sponsor relationships or other people may view your Information and postings, please exercise caution whenever disclosing Information. You do not know who may access and use such Information, or for what purpose. We are not responsible for the accuracy, use or misuse of any Information you disclose or receive through these venues. Please refer to our Terms of Use Agreement for restrictions with respect to Postings. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all Kali Protectives Sites.

Your profile may display Information to the general public, including display name, Profile URL, photo, your Rider and Sponsor relationships, Social Networking Sites joined and activity Feed (a “Feed” is a dynamic, list of the activities of you, your Rider and Sponsor relationships, special users and communities). Postings to Kali Protectives Sites also are displayed to the public. Publicly displayed Information and Postings may be indexed by third-party search engines and appear in search results on third-party web sites.

COOKIES

  • Cookies To enhance your experience on Kali Protectives and with Community Sites, we may use “Cookies.” Cookies are small data files placed in your Device’s browser when you visit a Community Site. Cookies may be used for a number of purposes, such as tracking usage patterns, measuring the effectiveness of advertising, to help serve advertisements, limiting multiple responses and registrations, facilitating your ability to navigate Community Sites, and as part of a verification or screening process. Cookies automatically identify your web browser whenever you visit Kali Protectives Sites. Also, by recording how and when you use Kali Protectives Sites, Cookies help us determine which areas are popular and which are not. Additionally, accepting Cookies may allow you, among other things, to personalize your experience on Kali Protectives Sites. We do use session cookies to ensure that visitors under the age of 13 provide a parental email address to assist with our compliance with the Children’s Online Privacy Protection Act. In the case of children using our website and services, we use parents’ e-mail addresses to notify them when we have received personal information such as e-mail addresses from their children and to give parents the option to remove their child’s name from our lists. Parents have the option to agree to the collection and use of their child’s information without consenting to the disclosure of the information to third parties. Once you log out or close your browser, session cookies expire and no longer have any effect.
  • Opting Out If you do not wish to allow for use of Cookies, you may generally opt-out of providing this information by setting your browser to reject Cookies or by controlling the preferences in third-party applications such as Norton Internet Security. If you do not wish for Cookies to track your specific activity, you may set your browser to reject Cookies, adjust your e-mail settings from HTML to text-only display, and control the preferences in third-party applications such as Norton Internet Security. However, please be aware that some areas of Kali Protectives Sites may not provide you with an acceptable user experience if you disable the use of Cookies.

THIRD PARTY ADVERTISERS, CONTENT PROVIDERS AND SERVICE PROVIDERS

When you visit Kali Protectives Sites, Advertisers may serve certain content, including, for example, advertisements. Advertisers also may set their own Cookies or other tracking technologies to identify your preferences, recognize you (if you have previously had contact with the Advertisers) and determine on which web site their advertisement was displayed and whether or not you clicked it. Third-party content providers and service providers also may use tracking technologies to determine how many times you have viewed their content or used their services. This information also helps advertising partners deliver targeted advertisements that they believe will be most relevant to you. We do not have access to or control the use of tracking technologies by third parties, what information they collect or how they use it. Third parties’ use of tracking technologies is subject to their own privacy policies. Therefore, we encourage you to investigate and ask questions directly of them in this regard.

SPONSORSHIP, BRAND INSIDER, SWEEPSTAKES, CONTESTS OR OTHER PROMOTIONS

If you participate in a sponsorship or brand insider program, sweepstakes, contest, or other promotion, your Information may be disclosed as required by law, for example, on a winners’ list. Also, by entering an Amateur, Pro-Am, Partner, or Pro (Professional) sponsorship or brand insider program, sweepstakes, contest, or other promotion, we require you to consent to the use of your Information in advertising materials. In addition, we may offer you sponsorship or brand insider programs, sweepstakes, contests, or other promotions that are sponsored or co-sponsored by a third party. If disclosed to you on the promotion registration page and/or Rules, those third parties may obtain the Information that you submit for that promotion. We have no control over such a third party’s use of your Information, and any such third party is not subject to this Privacy Policy.

LINKS

Kali Protectives Sites may contain links to other web sites, whose information practices may be different from ours. You could be directed to other web pages or online content through links that are beyond our control. These other web pages may set their own cookies, collect information, and/or have their own privacy policies. This Privacy Policy only covers information collected by us at Kali Protectives Sites, and we encourage you to review the privacy policy of any other web site you visit, including, Third Party Sites.

SECURITY

We maintain reasonable standards of security and confidentiality. For example, our data networks are protected by firewalls and we limit our employee access to Kali Protectives Sites to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy. However, no data transmission over the Internet is 100% secure and, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications. As a result, we cannot guarantee or warrant the security of any information we receive and we are not responsible for the theft, destruction, or inadvertent disclosure of Information.

ACCURACY AND CONFIDENTIALITY

All Riders and users of Kali Protectives Sites are required to provide true, current, complete and accurate Information when prompted. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete Information or if you fail to update such Information. We may reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with our Terms of Use Agreement or this Privacy Policy. Bear in mind that when you submit Information to us, it does not guarantee that we will permit you to use any or all Kali Protectives Sites features or functions.

Generally, you may review or update your Personal Information collected by Kali Protectives. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted and a change to this information may not be permitted. In addition, Information collected for certain purposes (such as entries for contests, sweepstakes or other promotions) is subject to corporate and regulatory recordkeeping requirements and will not be deleted upon request, unless the entrant is a person under the age of 13 years old. To review, update or delete Personal Information collected by Kali Protectives Sites, please log into your Kali Protectives Rider account and edit your profile accordingly. Alternatively, you may e-mail the Kali Protectives Privacy Administrator at [email protected] (and be prepared to provide verification of your identity).

You are solely responsible for maintaining the strict confidentiality of your Username (unique e-mail and password combination) for access to your Kali Protectives Rider account, and for any charges, costs, expenses, damages, liabilities and losses we may incur or suffer as a result of your failure to do so. You are solely responsible for your use of, and conduct on, Kali Protectives Sites, or any other related activity. You are solely responsible for any use of, and conduct on, Kali Protectives Sites, or any other related activity, by any others who use your Username, unless and until you notify us that your Username may have been compromised or improperly taken or used.

You also may deactivate your Kali Protectives account through contacting [email protected] If you deactivate or if we terminate your Kali Protectives account, your public profile will be removed from Kali Protectives Sites and we reserve the right to retain or delete your Information in our database, subject to our Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe“) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

QUESTIONS

If you have questions about this Privacy Policy or how we collect, maintain, use or share your Information, you may contact us directly by sending an e-mail to [email protected].

This Privacy Policy was last modified on October 12, 2012 and is effective immediately.

Rider Use Agreement

GRANTING OF RIGHTS

By joining any Kali Protectives Amateur, Pro-Am, Partner, or Pro (Professional) Rider Team, you hereby grant to KP, its parent, subsidiaries and affiliates (collectively, “Kali Protectives, LLC”) the exclusive right and license to unlimited use of you in any media throughout the world for all forms of Advertisements and Endorsements during the term of your Ridership, and unlimited use of the resulting Advertisements and Endorsements for 180 days thereafter, in connection with your promotion and Endorsement. You waive any right to inspect and approve any finished Advertisements or Endorsements.  Kali Protectives, LLC will own all rights and copyrights in all Advertisements and Endorsement and related materials produced pursuant to this Agreement.  Without limiting the foregoing, it is specifically understood and agreed that any copyrightable works created hereunder shall be works “made for hire” and you shall retain no ownership rights whatsoever in or to such works.  You hereby assign all rights to such works to KP.  You acknowledge that you do not have and will not assert any right, title or interest in any Endorsement, Advertisement or related material produced pursuant to this Agreement.  You will not hold Kali Protectives, LLC responsible for any liability resulting from the use of any Advertisement or Endorsements in accordance with this Agreement.

“Advertisement” means any form of advertising including, without limitation, print media, electronic media (including the internet), point of sale pieces, still photographs, motion pictures, videotape footage, radio tapes, personal appearances, public relations interviews, television or radio transmissions, literature, brochures, direct mail, T-shirts, countercards, all categories of promotional materials, flyers, banners, signs or any other means normally used for advertising.

“Endorsement” means any form of advertisement or other message, including verbal statements, or demonstrations or depictions of you or your signature, name, nickname, initials, autograph, facsimile signature, photograph, uniform number, likeness, or biography, designed to reflect your opinions, beliefs, findings or experience.

REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS

In the event that Kali Protecives, Sponsors or Partners offer products at a reduced cost or as part of a sponsorship relationship with you, relating to your represented athletic ability, Rider profile, or personality, you represent and warranty that:

(a) You have or will personally used Kali Protectives products and are willing to recommend their use by others; all statements and endorsements concerning the Endorsed Products that you have made or may make reflect your true opinion and experience (and you agree, upon requests from KP, to execute and furnish appropriate testimonial affidavits);

(c) You have the right and authority to represent Kali Protectives, Sponsors or Partners without violating the rights of any third party; and you are not a party to any agreement that would prevent or limit your entering into, or performing any of your obligations under this Agreement; and
BY COMPLETING THE REGISTRATION PROCESS FOR AM (AMATEUR), PRO-AM, PARTNER, PRO (PROFESSIONAL) RIDERSHIP MEMBERSHIP, WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE. You represent, acknowledge and agree that:

(a) You are a highly-skilled and experienced amateur or professional athelete;

(b) You understand that bicycle, motorcycle riding, skateboarding, skating, power sports craft and other recreational and competitive activities involve inherent and other risks of INJURY and DEATH; and

(c) You voluntarily agree to expressly assume all risks of injury and death that may result from participation in bicycle, motorcycle riding, skateboarding, skating, power sports craft and other recreational and competitive activities, which relate in any way to the use of any equipment provided under this agreement, or from any activities related in any way to performance under this agreement.

RELEASE

You, on behalf of yourself, your heirs, successors and assigns agree to release KP, Kali Protectives Sites, Kali Protectives, LLC, the Kali International Limited and their employees, owners, affiliates, agents, landowners, officers, directors and their successors in interest  (“SPONSORS”) from all liability for injury, death, and property loss and damage that results from your participation in motorcycle riding and other recreational and competitive activities, which relate in any way to the use of any equipment provided under this agreement, or from any activities related in any way to performance under this agreement including all liability that results from the NEGLIGENCE of SPONSORS, or any other person or cause.

INDEMNIFICATION

(a) Kali Protectives, LLC shall indemnify, defend and hold you harmless from any liability, loss or expense (including, without limitation, reasonable attorney’s fees) incurred by you in connection with any third party claim, suit or action against you alleging any defects or damages with any products or services endorsed by you under this Agreement, in connection with your participation in, or attendance at, a clinic, demonstration or other appearance at request or in connection with the use of any Advertisement or Endorsement by KP hereunder; provided that you shall give prompt written notice to KP of any such claim, suit or action.

(b) By You.  You shall indemnify, defend and hold Kali Protectives, LLC, its agents, employees and affiliates harmless from any liability, loss or expense (including, without limitation, reasonable attorney’s fees) incurred by any of them in connection with any claims, suit or action against any of them (other than to the extent such claim, suit or action arises out of any defects or damages with any endorsed products or services arising out of any violation or breach by you of any agreement between you and any person other than KP or arising out of any actions by you which are in breach of this agreement; provided that KP shall give prompt written notice to you of any such claim, suit or action.

(c) Control of Litigation.  KP, at its option, shall have the right to control the defense of any and all claims, suits or actions.  You agree to cooperate in any such claim, suit or action defended against by KP, at KP’s request and expense.  You shall have no rights against Kali Protectives, LLC for damages or other remedies by reason of any determination of KP not to act or any settlement to which KP may agree with respect to any such claim, suit or action; nor shall any such determination of KP or such settlement by KP affect the validity or enforceability of this Agreement.

INSURANCE

At your option and sole expense, you may arrange for life, disability and liability insurance covering your death, injury or disability and any injury or damage to other persons or properly arising out of your participation in sports and sporting activities.

CONFIDENTIAL INFORMATION

You agree and acknowledge that certain assets of Kali Protectives, LLC, including, without limitation, information regarding customers, pricing policies, methods of operation, proprietary computer programs, sales, products, profits, costs, markets, key personnel, formulae, product applications, technical processes, know-how and trade secrets (hereinafter called “Confidential Information”) are valuable, special and unique assets of the Kali Protectives, LLC.  You will not during or after the term of this Agreement, (i) use any Confidential Information other than to perform services under this Agreement or (ii) disclose any or any part of the Confidential Information to any person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, directly or indirectly, unless and until such Confidential Information becomes generally known in the trade other than as a consequence of a breach by you of your confidentiality obligations hereunder.  In the event of the termination or expiration of this Agreement for any reason whatsoever, or no reason, you will deliver to KP all documents and data pertaining to the Confidential Information and shall not retain any documents or data of any kind or any reproductions (in whole or in part) of any items relating to the Confidential Informational.  Nothing in this Agreement (including exhibits attached hereto) shall grant to you any right, title or interest in or to any Confidential Information.  At KP’s request, you may sample new or improved products being developed by the Kali Protectives, LLC and provide KP with your response to and ideas concerning those products.  You understand and agree that all such responses and ideas will become KP’s exclusive property and you will promptly take such action as KP may reasonably request to confirm its ownership of such responses and ideas.

TERMS OF USE AGREEMENT

Welcome to the Kali Protectives Website (“Website”). For purposes of this Agreement, the terms “we,” “us,” our,” Kali Protectives” refer to Kali Protectives and “you” and “your” refers to you, as a user of our site.

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, AND, IF YOU ARE A SPONSOR/TEAM, ON BEHALF OF YOUR COMPANY OR ORGANIZATION), AND KALI PROTECTIVES. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE OUR WEBSITE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE YOUR USE AND/OR REGISTRATION.

Kali Protectives may at any time modify the terms and conditions of this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. Kali Protectives is a sporting goods manufacturer/distributor/reseller that allows individuals (“Riders”) to create unique personal profiles online in order to find and communicate with Riders and one or more entities, including Kali Protectives, participating Sponsors (“Sponsors”). Kali Protectives and Kali Protectives Rider Site make up a community of web sites that feature social-networking, which we refer to here as the “Community Sites.” The Community Sites, using Kali Protectives, allow registered users (“Riders”) to create personal profiles online, display content, share information and comments, utilize services and establish a network of relationships – all within one Community Site.

LICENSE TO WEBSITE

Subject to your performance of all of the provisions of this Agreement, Kali Protectives hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein (the “Service”) solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Kali Protectives. You shall be exclusively responsible for the supervision, management, and control of your Website Rider Account, Username and password. You shall ensure that you properly exit the Website at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website and the Service in accordance with all applicable laws. Kali Protectives may, without notice, terminate your access to the Website and the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Kali Protectives’s networks, information and the security and integrity of the Website.

RESTRICTIONS

You are solely responsible for any and all acts and omissions that occur under your Username and password, and you shall not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming,” or otherwise is an advertisement to, or solicitation of, any Rider or Partner to buy or sell any products or services through the Service; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by Kali Protectives to be in conflict with the spirit or intent of this Agreement. Kali Protectives reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Ridership of such violators. YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.

RIDERSHIP ELIGIBILITY IN KALI PROTECTIVES SITES

Ridership in the Service is void where prohibited. No minors may use or access the Website or Community Sites unless Kali Protectives receives consent from the minor’s parents or legal guardian. By agreeing to this Agreement as a Rider, or parent/legal guardian of Rider, you hereby warrant that you are at least 18 years of age, are legally capable of agreeing to this Agreement, and that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, including any messages sent to Sponsors and Riders, and for your interactions with Sponsors and Riders.

By signing up to for a Kali Protectives Rider account, you register your information with Kali Protectives, LLC. Please read our Privacy Policy and Term of Use, which describes how we may use the personally identifiable information (“Personal Information“) we collect. To register a Kali Protectives Rider account, you must provide a valid e-mail address and password (together, your “Username“), as well as certain other information. You may provide only true, complete and current information about you. Your Username gives you access to your Kali Protectives Rider account and Kali Protectives-powered features of the Rider Sites that you join. You may not allow anyone else to access or use your Kali Protectives Rider account or Username. You are responsible for all activities that occur under your Kali Protectives Rider account or Username. You may not disclose your Username to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your Kali Protectives Rider account or Username, or any other security concern. You may not sell, assign or transfer your Kali Protectives Rider account or Username.

Kali Protectives and Kali Protectives Sites are established in the United States, meaning that you are accessing a community network in the U.S. Kali Protectives and Kali Protectives Sites are governed by and operated in accordance with the laws of the U.S. Kali Protectives and the Parent Companies make no representation that Kali Protectives or Kali Protectives Sites are governed by or operated in accordance with the laws of other nations. Please be aware that any Personal Information you provide to us or we obtain as a result of your use of Kali Protectives sites will be collected in the U.S. or transferred to the U.S. by Kali Protectives. By using or participating in Kali Protectives Sites and/or providing us with your Personal Information or other information, you (a) consent to the transfer, processing and/or storage of any Personal Information and other information you provide to Kali Protectives and/or the Community Sites, (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (c) understand that Kali Protectives and Kali Protectives Sites will collect, transfer to, process and/or store and deal with your Personal Information and other information in accordance with our Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

TERMS

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are an AM (Amateur), Pro-Am, Partner, PRO (professional) Rider and/or Sponsor. Kali Protectives may terminate your Ridership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to Kali Protectives. If Kali Protectives terminates your access to the Service because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees for Services. Even after Ridership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. Kali Protectives reserves the right to charge for the Service and has the right to terminate Ridership or Sponsor rights to use the service should the user breach this Agreement or fail to pay for the Service, as required by this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website.

SPONSORSHIP AND BRAND INSIDER PROGRAMS

THERE IS NO GUARANTEE THAT SPONSORSHIP WILL BE ACQUIRED OR GIVEN AS A RESULT OF USING THE SERVICE. To the extent that you enter into a sponsorship transaction, you acknowledge that you may not disclose to any third party any information acquired through the Service, including, but not limited to, the terms of your sponsorship contracts, pricing and any other information deemed as confidential by the parties to the sponsorship or brand insider transaction. You agree to follow all the requirements or terms as stated by your applicable sponsorship agreements as specified by the Sponsor.

NON-COMMERCIAL USE

The Website is for the use of Riders and Partners only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Kali Protectives. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Riders and Sponsors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website are strictly prohibited. Except as effected or permitted by Kali Protectives, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Rider or Sponsor to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of Ridership privileges.

 

To protect our Riders and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through Kali Protectives. If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that you will have caused us substantial harm, the amount of which would be extremely difficult to determine. As a reasonable estimate of such harm, you agree to pay us Fifty Dollars (US $50.00) for each such unsolicited communication. Appropriate legal action will be taken by Kali Protectives for any illegal or unauthorized use of the Website.

PROPRIETARY RIGHTS TO WEBSITE

The content, organization, graphics, design, compilation, and other matters related to the Website and Service are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. “Kali Protectives” our logos and others marks are either trademarks or registered trademarks of Kali Protectives. The posting of information or materials on the Website by Kali Protectives does not constitute a waiver of any rights in such information and materials. Kali Protectives exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair Kali Protectives’s ownership of the Website and the content therein or the validity or enforceability of Kali Protectives’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.

OUR RIGHTS TO YOUR CONTENT

You understand and agree that Kali Protectives may review and delete any content, news, messages, requests for sponsorship, offers for sponsorship, sponsorship agreements, photos, videos, comments, blogs or profiles (collectively, “Content”) that in the sole judgment of Kali Protectives violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Rider or Sponsor. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Riders and Sponsors. By posting Content on any public area of Kali Protectives, you automatically grant as well as represent and warrant that you have the right to grant to Kali Protectives, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that Kali Protectives has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

COPYRIGHT POLICY

None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Kali Protectives. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Kali Protectives or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Kali Protectives’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Kali Protectives, 375 Tennant Avenue, Morgan Hill CA 95037, USA.

POSTING ON THE WEBSITE

Please choose carefully the information you post on Kali Protectives, Community Sites and that you provide to others. Your Kali Protectives profile may include personally identifiable items, including: last names, email addresses, telephone numbers and street addresses. This information is not visible to others unless you submit a request for sponsorship to a participating Sponsor’s listing or accept an unsolicited offer for sponsorship. The information is then viewable for the purpose of the Kali Protectives to communicate with you regarding the status of your sponsorship and to send necessary material to activate your sponsorship. Do not include personally identifiable information in areas other than designated within your profile. Kali Protectives reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, request or offer for sponsorship, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Kali Protectives event is at your sole risk.

PRIVACY

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy. You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. Kali Protectives makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Kali Protectives will not be responsible for any actual or consequential damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

DISCLAIMER

THIS WEBSITE, THE SERVICE AND THE MATERIALS CONTAINED HEREIN AND ALL CONTENT AND PRODUCTS THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, KALI PROTECTIVES DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE WEBSITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE AND THE SERVICE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KALI PROTECTIVES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE AND THE SERVICE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH ANY SPONSOR SHOPS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KALI PROTECTIVES THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. Kali Protectives is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.

LIMITATION OF LIABILITY

KALI PROTECTIVES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE AND THE SERVICE, THE RESULTS GENERATED FROM THE USE OF THIS WEBSITE AND THE SERVICE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KALI PROTECTIVES’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO KALI PROTECTIVES FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

CONSUMER PROTECTION LAWS

THIS WEBSITE AND THE SERVICE ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.

REMEDIES

You hereby acknowledge that if Kali Protectives, in its sole discretion, determines you to be in breach of these Terms and Conditions, Kali Protectives may restrict, suspend, or terminate your access to all or any part of the Website and/or Services or terminate your Ridership with SonsorHouse.com with or without notice.   Termination hereunder shall be without prejudice to any other right or remedy to which Kali Protectives may be entitled hereunder or at law.

INDEMNITY

You hereby indemnify and hold Kali Protectives, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the Website and the Service; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above; (iii) any products you purchase from Sponsors, through their Sponsor Shops or otherwise, and all product liability and other claims you may have against the Sponsor or any other party arising from the use of such products; (iv) any disputes you may have with Sponsors; and/or (v) your participation in any offline Kali Protectives event.

LINKS TO OTHER WEB SITES, PARTNERS, SPONSORS, SERVICES

To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Sponsors and other outside service providers and resources, and their respective employees and agents are not related to Kali Protectives and Kali Protectives is not responsible for any of their conduct, acts or omissions.

 

U.S. EXPORT CONTROLS

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISPUTES

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Santa Clara and City of Morgan Hill.

 

RIDER AND SPONSOR DISPUTES

Your interactions, communications and transactions (online or offline) with any other Rider, User, Sponsor, Outside Site or other organization that you find on or through Kali Protectives Sites are solely between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other Riders, users or organizations. If you have such a dispute, you release us and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, Advertisers and suppliers (collectively, “Released Parties“) from all claims, demands and damages actual and consequential, known or unknown, arising from or related to the dispute.

 

MISCELLANEOUS

Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement.   In the event a dispute arises regarding this Agreement or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.

AUTHORITY

If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.

COMPLETING THE REGISTRATION PROCESS WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.

If you have any questions, please feel free to contact us directly by telephone at 408-778-2700(USA) or email us by using the “contact us” form on our website at http://kaliprotectives.com or by postal mail sent to:

Kali Protectives, 375 Tennant Avenue, Morgan Hill CA 95037, USA