Kudo™ Terms Of Service
Kudo™ is a service provided by Zastrow Consulting™. The following terms and conditions govern all use of the Kudo website (kudoreview.com) and all content, services and products available at or through the website, including, but not limited to, the Kudo custom design solutions, consulting, web hosting, and software, (taken together, “Kudo” or the “Service”). Kudo is owned and operated by Zastrow Consulting. Kudo is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Our Privacy Policy) and procedures that may be published from time to time on this Site by Zastrow Consulting (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using Kudo. By accessing or using any part of the Kudo website or Kudo, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use Kudo. If these terms and conditions are considered an offer by Zastrow Consulting, acceptance is expressly limited to these terms. Kudo is available only to human beings who are at least 13 years old.
By establishing a Kudo account with Zastrow Consulting, you assume the role of “Account Owner” and become solely responsible for all activities that occur under the account, and any other actions taken in connection with the website, including by others who have logins or accounts under your account. Zastrow Consulting cannot and will not be liable for any loss, damage, or anything else resulting from your failure to comply with this security obligation. You must immediately notify Zastrow Consulting of any unauthorized uses of your website, your account or any other breaches of security. Zastrow Consulting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
By using Kudo and by submitting Content to Kudo for inclusion on your website, you grant Zastrow Consulting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish all or any portion of your website and the Content, solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Zastrow Consulting will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted, and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Submitting a request for revisions to your website or any of its Content may be done over the phone, through an online form provided by Zastrow Consulting, via an interactive web conference, or by email, and further can be either verbal or written and in response to an employee or representative of Zastrow Consulting asking if you require revisions to the initial design mockup or your website at any time following.
Without limiting any of those representations or warranties, Zastrow Consulting has the right (though not the obligation) to, in Zastrow Consulting’s sole discretion (i) refuse or remove any Content that, in Zastrow Consulting’s reasonable opinion, violates any Zastrow Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Kudo to any individual or entity for any reason, in Zastrow Consulting’s sole discretion. Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid.
Without limiting any of those representations or warranties, Zastrow Consulting has the right (though not the obligation) to, in Zastrow Consulting’s sole discretion (i) refuse or remove any Content that, in Zastrow Consulting’s reasonable opinion, violates any Zastrow Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Kudo to any individual or entity for any reason, in Zastrow Consulting’s sole discretion. Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid.
You may not license, sub-license, sell, resell, distribute, or otherwise commercially exploit the Service or make it available to any third party without the express written permission of Zastrow Consulting.
You may not reverse engineer or access Kudo in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, graphics, or design elements of Kudo, or (iii) copy any ideas, features, functions, graphics, or design elements of Kudo. Additionally, except for the design templates and associated resource files provided by Zastrow Consulting to you in connection with your website, You may not modify Kudo in any way or create derivative works based on Kudo.
You may NOT send Bulk Mail using email services provided by Zastrow Consulting. “Bulk Mail” means email messages of similar content that are sent to more than one hundred (100) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or by any other means will be a violation of this restriction. You may not use a third party other than an authorized Zastrow Consulting partner to send Bulk Mail that references an email address used with Kudo’s email service, or that has a Kudo email service return email address.
You may not intentionally use your Kudo email service for the purpose of receiving bulk email from others. For example, you may not submit any email address provided by Kudo to a “Safelist” or “Free for All” (FFA) list.
Mail messages sent to other users within your domain names hosted on the Kudo email system are not considered Bulk Mail.
You may not send unsolicited email using Kudo’s email service. Email is considered unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting message headers or return addresses.
The ongoing Service is charges are non-refundable. Billing for the ongoing Service will start immediately following the Trial Period stated in the signup process. The Trial Period begins after you initially establish an account. Billing will then recur every month until you cancel the Service by closing your account.
Once you are billed for a month’s Service, no refund or credit will be issued for partial months of Service with an open account for any reason, including for any months you consider “unused”. No exceptions will be made.
All fees and payments are exclusive of any and all taxes, levies, tariffs or duties imposed or levied by any government or governing authority. You shall be responsible for payment of all such fees, however designated, levied or based on Kudo, its use, or on this Agreement, including any tax that may be assessed upon audit of Zastrow Consulting’s tax returns. You (the Account Owner) are responsible for all charges that are incurred in connection with your account and your use of Kudo.
Zastrow Consulting reserves the right to temporarily suspend your use of Kudo, including access to your account, until payment is received. Zastrow Consulting reserves the right to assess interest charges at a rate of 1.5% per month, or 18% per year, for any past due amounts. Further, Zastrow Consulting reserves the right to impose a nominal reconnection fee in the event that your access to Kudo is suspended due to non-payment. You agree and acknowledge that Zastrow Consulting has no obligation to retain your account or its Content and that such data may be irretrievably deleted if your account becomes delinquent by more than thirty (30) days. You also agree to reimburse Zastrow Consulting for its reasonable collection costs and attorney fees should we need to pursue collection of your unpaid account. Content Posted On Other Websites We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Kudo links, and that link to Kudo. Zastrow Consulting does not have any control over third party websites and the ratings and reviews posted there, either in response to requests sent by Kudo, or otherwise, and is not responsible for their contents or their use. Inclusion of third party review sites in the Kudo platform does not represent or imply an endorsement or guarantee of any kind. Zastrow Consulting disclaims any responsibility for any harm resulting from your use of non-Zastrow Consulting websites, including those which are connected or linked to through the Kudo tool.
Upon closing your account, all settings and content associated with your account may be immediately deleted from the Service. This information cannot be recovered once your account is closed.
Zastrow Consulting, in its sole discretion, may suspend or terminate your access to all or any part of Kudo at any time, with or without cause, with or without notice, effective immediately. Such termination of the Service will result in the deactivation or deletion of your account, your access to your account, and the forfeiture and relinquishment of all Content in your account and website. Zastrow Consulting reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Please read this Agreement carefully before accessing or using Kudo. By accessing or using any part of the Kudo website or Kudo, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use Kudo. If these terms and conditions are considered an offer by Zastrow Consulting, acceptance is expressly limited to these terms. Kudo is available only to human beings who are at least 13 years old.
Your Account And Website
You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. Your user login may only be used by one person—a single user login may not be shared by multiple people. You may create as many separate user logins for other people as you like, according to what is included with your plan. You are responsible for maintaining the security of your account, password, and website.By establishing a Kudo account with Zastrow Consulting, you assume the role of “Account Owner” and become solely responsible for all activities that occur under the account, and any other actions taken in connection with the website, including by others who have logins or accounts under your account. Zastrow Consulting cannot and will not be liable for any loss, damage, or anything else resulting from your failure to comply with this security obligation. You must immediately notify Zastrow Consulting of any unauthorized uses of your website, your account or any other breaches of security. Zastrow Consulting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your Responsibility
If you operate a website or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Zastrow Consulting or otherwise.
By using Kudo and by submitting Content to Kudo for inclusion on your website, you grant Zastrow Consulting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish all or any portion of your website and the Content, solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Zastrow Consulting will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted, and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Submitting a request for revisions to your website or any of its Content may be done over the phone, through an online form provided by Zastrow Consulting, via an interactive web conference, or by email, and further can be either verbal or written and in response to an employee or representative of Zastrow Consulting asking if you require revisions to the initial design mockup or your website at any time following.
Without limiting any of those representations or warranties, Zastrow Consulting has the right (though not the obligation) to, in Zastrow Consulting’s sole discretion (i) refuse or remove any Content that, in Zastrow Consulting’s reasonable opinion, violates any Zastrow Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Kudo to any individual or entity for any reason, in Zastrow Consulting’s sole discretion. Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid.
Your Account
By establishing a Kudo account with Zastrow Consulting, you assume the role of “Account Owner” and become solely responsible for all activities that occur under the account, and any other actions taken in connection with the website, including by others who have logins or accounts under your account. Zastrow Consulting cannot and will not be liable for any loss, damage, or anything else resulting from your failure to comply with this security obligation. You must immediately notify Zastrow Consulting of any unauthorized uses of your website, your account or any other breaches of security. Zastrow Consulting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.Your Responsibility
You are entirely responsible any harm or legal liability resulting from content you make available or disseminate by means of the Service (any such material, “Content”). That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software.Without limiting any of those representations or warranties, Zastrow Consulting has the right (though not the obligation) to, in Zastrow Consulting’s sole discretion (i) refuse or remove any Content that, in Zastrow Consulting’s reasonable opinion, violates any Zastrow Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Kudo to any individual or entity for any reason, in Zastrow Consulting’s sole discretion. Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid.
Restrictions
You may only use Kudo for lawful purposes. You agree unconditionally not to cause harm to Zastrow Consulting or third party equipment, software or processes used in connection with furnishing the Service.You may not license, sub-license, sell, resell, distribute, or otherwise commercially exploit the Service or make it available to any third party without the express written permission of Zastrow Consulting.
You may not reverse engineer or access Kudo in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, graphics, or design elements of Kudo, or (iii) copy any ideas, features, functions, graphics, or design elements of Kudo. Additionally, except for the design templates and associated resource files provided by Zastrow Consulting to you in connection with your website, You may not modify Kudo in any way or create derivative works based on Kudo.
You may NOT send Bulk Mail using email services provided by Zastrow Consulting. “Bulk Mail” means email messages of similar content that are sent to more than one hundred (100) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or by any other means will be a violation of this restriction. You may not use a third party other than an authorized Zastrow Consulting partner to send Bulk Mail that references an email address used with Kudo’s email service, or that has a Kudo email service return email address.
You may not intentionally use your Kudo email service for the purpose of receiving bulk email from others. For example, you may not submit any email address provided by Kudo to a “Safelist” or “Free for All” (FFA) list.
Mail messages sent to other users within your domain names hosted on the Kudo email system are not considered Bulk Mail.
You may not send unsolicited email using Kudo’s email service. Email is considered unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting message headers or return addresses.
Intellectual Property
Zastrow Consulting, the Kudo Service, kudoreview.com, the Kudo logo, and all other trademarks, service marks, graphics and logos used in connection with kudoreview.com, or the Service are trademarks or registered trademarks of Zastrow Consulting or Zastrow Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with Kudo may be the trademarks of other third parties. Your use of Kudo grants you no right or license to reproduce or otherwise use any Zastrow Consulting or third-party trademarks.Charges and Payments
By signing up for Kudo and establishing an account, you agree to pay Zastrow Consulting for subsequent ongoing monthly Service fees, plus any applicable taxes. A valid credit card is required for all accounts. Once your trial period is over, your credit card will be billed in advance for the first month of service.The ongoing Service is charges are non-refundable. Billing for the ongoing Service will start immediately following the Trial Period stated in the signup process. The Trial Period begins after you initially establish an account. Billing will then recur every month until you cancel the Service by closing your account.
Once you are billed for a month’s Service, no refund or credit will be issued for partial months of Service with an open account for any reason, including for any months you consider “unused”. No exceptions will be made.
All fees and payments are exclusive of any and all taxes, levies, tariffs or duties imposed or levied by any government or governing authority. You shall be responsible for payment of all such fees, however designated, levied or based on Kudo, its use, or on this Agreement, including any tax that may be assessed upon audit of Zastrow Consulting’s tax returns. You (the Account Owner) are responsible for all charges that are incurred in connection with your account and your use of Kudo.
Zastrow Consulting reserves the right to temporarily suspend your use of Kudo, including access to your account, until payment is received. Zastrow Consulting reserves the right to assess interest charges at a rate of 1.5% per month, or 18% per year, for any past due amounts. Further, Zastrow Consulting reserves the right to impose a nominal reconnection fee in the event that your access to Kudo is suspended due to non-payment. You agree and acknowledge that Zastrow Consulting has no obligation to retain your account or its Content and that such data may be irretrievably deleted if your account becomes delinquent by more than thirty (30) days. You also agree to reimburse Zastrow Consulting for its reasonable collection costs and attorney fees should we need to pursue collection of your unpaid account. Content Posted On Other Websites We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Kudo links, and that link to Kudo. Zastrow Consulting does not have any control over third party websites and the ratings and reviews posted there, either in response to requests sent by Kudo, or otherwise, and is not responsible for their contents or their use. Inclusion of third party review sites in the Kudo platform does not represent or imply an endorsement or guarantee of any kind. Zastrow Consulting disclaims any responsibility for any harm resulting from your use of non-Zastrow Consulting websites, including those which are connected or linked to through the Kudo tool.
Changes
Zastrow Consulting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Kudo following the posting of any changes to this Agreement constitutes acceptance of those changes. Zastrow Consulting may also, in the future, offer new services and/or features through Kudo (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.Termination
You may terminate this Agreement and cancel the Service at any time by simply closing your Kudo account. If you wish to cancel the Service, you MUST do so while signed into your Kudo account through the SETTINGS tab. Cancellation requests made by email, phone, or any other method of correspondence are not valid and WILL NOT result in closure of your account. You (the Account Owner) are solely responsible for properly canceling the Service by closing your account as indicated.Upon closing your account, all settings and content associated with your account may be immediately deleted from the Service. This information cannot be recovered once your account is closed.
Zastrow Consulting, in its sole discretion, may suspend or terminate your access to all or any part of Kudo at any time, with or without cause, with or without notice, effective immediately. Such termination of the Service will result in the deactivation or deletion of your account, your access to your account, and the forfeiture and relinquishment of all Content in your account and website. Zastrow Consulting reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.