(Revised May 7, 2018, Effective May 7, 2018)
- Disclaimer of Warranties and Limitation of Liability
- Registration; Suspension or Termination of Account
- Interactive Features and User Content
- Intellectual Property Complaints/Digital Millennium Copyright Act
- Dispute Resolution
- General Provisions
- Social Media House Rules
Any advertising claim made on the Site is valid only in the U.S.
I. Disclaimer of Warranties and Limitation of Liability
Unless specifically stated, nothing contained in or through the Sites other than these legal provisions constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.
The content provided on the Sites is presented as a courtesy to be used only for informational and educational purposes and is not represented to be error free. KFT makes no representations or warranties of any kind with respect to the Sites or their content, such representations and warranties being expressly disclaimed. KFT does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers that make them available are free of viruses or other harmful components.
The Sites are not intended to provide nor should anyone consider that they provide legal, accounting, tax or other advice. The application of specific legal, accounting or tax principles should only be rendered by a professional with full disclosure of particular facts and circumstances relevant to your specific situation. KFT encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, KFT is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose nor recommending that any individual identified on the site is appropriate for the provision of any service of any kind.
In addition, any links to non-KFT information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by KFT. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of KFT, or the organizations' officers, directors or associates.
IN NO EVENT WILL KFT OR ANY OF ITS OFFICERS, TRUSTEES OR ASSOCIATES BE LIABLE FOR ANY DAMAGES -- WHETHER DIRECT, INDIRECT, SPECIAL, GENERAL, CONSEQUENTIAL, FOR ALLEGED LOST PROFITS, OR OTHERWISE - THAT MIGHT RESULT FROM ANY USE OF OR RELIANCE ON MATERIALS OR LINKS MADE AVAILABLE ON OR THROUGH KFT’S SITES.
Respecting the privacy of the visitors using our Sites and those who provide data to KFT in the course of operating our programs is a major priority for KFT. The following statements will help you understand how KFT collects, uses and safeguards the personal information you provide to us on our Sites.
Types of information we collect
Visitors to any of KFT’s Sites may knowingly choose to enter their personal information on the Site, for example in connection with creating an account, registering for newsletter(s) or other materials, registering for events or courses, or submitting an application. When registering, visitors may be asked to provide their name, email address, telephone number, work address and other pertinent information. Visitors may also indicate topics of interest, which will assist us in tailoring our content to your needs. Visitors who supply information will be included in our general contact database which we will use to send emails and other communications consistent with our charitable purpose.
You may have your name removed from any of our emailing lists at any time, by following the unsubscribe instructions at the bottom of every email. If you do not wish to receive printed publications, please send an email to firstname.lastname@example.org or call KFT at 877-450-9800, extension 3, Customer Service and Support.
In the course of requesting to participate in or actually participating in an educational program that utilizes content developed, owned or licensed by KFT (a “KFT Course”), you may knowingly and voluntarily disclose personally identifiable information about you or a business venture in which you are participating. You may disclose such information electronically through submissions of information to a Site or by submitting information to a separate entity that delivers a KFT Course to you (a “KFT Affiliate”). A KFT Affiliate may be under an obligation to provide certain data regarding your participation in the KFT Course to KFT and KFT may need to disclose certain information to a KFT Affiliate in order for you to be registered in or participate in the KFT Course.
As is true of most Web sites, our Sites gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data and site navigation history. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather information about our user base as a whole. KFT may collect this non-personal information even if you are not registered on any of the Sites.
We may also link this automatically-collected data to personally identifiable information. This information is tied to personally identifiable information to provide you with feedback about your experiences on the Sites and to provide you with information that you may find interesting or informative. KFT may also link this information to a particular individual or combine it with personal information if KFT has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements. We do not share this automatically-collected data with third parties except those that provide direct services to us to facilitate the upkeep of and services provided through the Sites.
To enable us to offer you the best possible experience when you visit KFT’s Sites and to offer continually updated information, we assign you a unique identification number stored in a file on your computer called a "cookie." Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser - but not you - to our computers whenever you interact and browse a KFT Site.
The cookies automatically gather certain usage information like the numbers and frequency of visitors to KFT’s Sites and areas visited on the Sites. We only use such data in the aggregate. This collective data helps us determine how much our customers use parts of our Sites, so we can improve our Sites to ensure that they are appealing to as many people as possible.
When you sign up to receive information or mailings from KFT Sites, we use clear gifs, web beacons or other such e-mail tracking devices to measure the activity of the e-mail, including your clicking on a link within an e-mail and your forwarding of the e-mail. This information is tied to your e-mail address when stored.
In some instances, KFT may be able to combine the information you provide to the Foundation via the Site with other information that the Foundation has collected from you or from third parties so that the Foundation may develop a profile of you that facilitates the presentation of content via the Site that may be of the most interest to you.
Information Use, Sharing and Disclosure
If you apply or register for a FastTrac® course that is delivered by a KFT Affiliate, we will provide your personal information, including any demographic information you have provided to us, to the KFT Affiliate providing the FastTrac® course and the course instructors, who have permission to use it only to facilitate your participation in the course, to contact you after the course for follow-up related to the course, and for other purposes you opt in to accept.
We occasionally retain contractors to provide services on our behalf, including packaging and mailing, answering customer questions about products or services (including responding to customer service issues you may report to the Foundation any inquiries you may make), sending and tracking postal mail or email, processing data and accessing your account for customer service purposes to address and evaluate issues you have reported. We will only provide those contractors the information they need to deliver the service, and they are prohibited from using that information for any other purposes.
In some instances, KFT may desire to transfer some elements of the Data to third party researchers in order to conduct research that advances KFT’s charitable mission. The Foundation will only transfer personal information that would enable a researcher to connect such information with you personally if KFT has first obtained your specific consent to transfer the information for that purpose. If you provide KFT with such consent, KFT may transfer your personal information to the identified third party researcher for the consented to research. Without your consent, KFT may provide the Data or specific elements of it to third parties to conduct research consistent with KFT’s charitable purpose provided that any information transferred is aggregated and anonymized such that a researcher would not be able to determine that such information was provided by you personally.
KFT reserves the right to disclose your personally identifiable information to respond to a subpoena, court order or other legal process, to defend KFT against legal claims, or if KFT determines it is necessary to investigate or take action in connection with activities that KFT suspects are illegal, threaten the safety of any person or are in violation of these Terms.
III. Registration; Suspension or Termination of Account
To access certain information and functionality, you must register on the Sites and open a user account (“Account”). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to KFT is accurate and we request that you update your Account as necessary to keep it accurate and complete.
Suspension or Termination of Account, Access or Group Activity
KFT reserves the right in its sole discretion to suspend or terminate your Account or to block access to the Sites at any time (i) if it suspects that you have not complied with these Terms, (ii) if we receive multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iii) for other reasons that KFT determines in good faith are necessary or appropriate, including if KFT suspects you are using or attempting to use the Sites in any way that violates any applicable laws or regulations. KFT may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in section IV(i)) for any of the above reasons. You agree that KFT is not and will not be liable to you for any loss or damages that may result from our refusal to provide you access to the Sites. You may terminate your Account at any time.
IV. Interactive Features and User Content
(i) KFT may offer the opportunity for you and others to contribute ideas, comments, questions and other communications to or from the Sites (the "User Content") in message boards, group areas, communities, blogs, e-mail and other features of the Sites ("User Input Rooms") that may be offered from time to time and may be operated by KFT or by a third party. You shall not (nor cause any third party to) use the Sites to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities. Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or disseminating commercial content;
- interfering with or disrupting the Sites;
- disrupting the activities or enjoyment of the Sites for other users;
- collecting or storing personal data about other users, except as needed for activities permitted on the Sites;
- forging any TCPIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites to send altered, deceptive or false source-identifying information;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- impersonating or misrepresenting your affiliation with any person or entity including (but not limited to) KFT, or claim that you have developed or are the owner of any content on the Site that has been developed by a party other than yourself;
- using the Sites in any manner or for any purpose for which the KFT has notified you (through either a general posting or a specific notice provided directly to you) that the Sites may not be used;
- attempting to probe, scan, or test the vulnerability of Sites or attempt to breach any security or authentication measures; or
- using, displaying, mirroring or framing the Site, or any individual element within the Site, the KFT’s name, any KFT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the KFT’s express written consent;
(ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. KFT assumes no responsibility for the information contained in User Content.
(iii) You agree that KFT, in its sole discretion, may remove any User Content from a User Input Room offered by KFT, at any time and for any or no reason. You agree that KFT shall not be liable to you or any third party for any deletion of any User Content on the Sites. You may remove your User Content from the Sites at any time.
(iv) You acknowledge and agree that KFT may preserve and disclose User Content if required to do so by law or if KFT believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of KFT, any users of the Sites, and the public. You also acknowledge that the technical processing and transmission of the Sites, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
(v) KFT may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be offered from time to time. KFT assumes no responsibility or liability whatsoever for such User Content, or for the use of any User Input Room operated by a third party. Without limitation to the foregoing, KFT shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room operated by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party operating the User Input Room.
(vii) KFT does not claim any ownership rights in the User Content you post to the Sites. When you post User Content to the Sites, you grant to KFT, and you represent and warrant that you have the right to grant to KFT, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from and otherwise use such User Content for any purpose on or in connection with the Site.
(viii) The administrator of any User Input Room determines its membership and may terminate access by any individual user at any time.
V. Intellectual Property Complaints/Digital Millennium Copyright Act
KFT respects the intellectual property of others, and requires that our users do the same. KFT will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide KFT's Copyright Agent with the following information in a notice (“Notice”). To be effective, the Notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
(i) an electronic or physical signature of the person who is authorized to act on behalf of the copyright owner;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published);
(iv) identification of the URL or other specific location on the Sites where the material that you claim is infringing is located (you must include enough information so that KFT can locate the material);
(v) your address, telephone number, and email address;
(vi) a 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; and
(vii) 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.
Send the Notice to KFT’s Copyright Agent for notice of claims of copyright infringement as follows:Mail: Kauffman Fasttrac, Inc. Intellectual Property Complaints DMCA Copyright Agent 4801 Rockhill Road Kansas City, MO 64110
Phone: 816-932-1000 Email: email@example.com
VI. Dispute Resolution
These Terms and the resolution of any dispute related to these Terms or the Sites shall be governed and construed in accordance with the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.
If a dispute arises between you and KFT, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration. Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order to prevent irreparable harm (including infringement of any intellectual property). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VII. General Provisions
You may not assign these Terms or any of your obligations under them without KFT’s prior written consent and any attempted assignment is null and void. KFT may assign these Terms and any of its obligations under them at any time for any reason.
Electronic Communications; Binding and Entire Agreement
If any of these Terms is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.
KFT’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of KFT’s rights, and KFT reserves its right to take all legal steps available to enforce these Terms.