KELLY MARKET TERMS OF USE
November 10, 2014
Please read these Terms of Use carefully before using the services offered by kellymarket.com (“Kelly Market”, “the Site”, “we”, or “us”). This agreement contains the terms and conditions under which the Site offers you (the “user” or “you”) access to its website (the Site) and Services (as defined below). Among other things, these Terms of Use describe the user’s responsibilities and limit the Site’s liability. By accessing or using in any manner the Site or any other website, service, or content affiliated, owned, or operated by the Site,  you as an individual agree that you have read and agree to be bound by, and a party to, the Terms and Conditions in this Terms of Use (“agreement”) to the exclusion of all other terms.
  1. USER ACCEPTANCE
    By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following Terms of Use. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include kellymarket.com’s privacy policy (the “Privacy Policy”) that is posted on the Site.
  2. CHANGES TO TERMS OF SERVICE
    The Site reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Kelly Market may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  3. ELIGIBILITY
    You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a Site user or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services.
The Site and Services are administered in the United States and are intended for U.S. users. Any use outside of the United State is at the user’s own risk. International users are responsible for compliance with local laws.
  1. USER INFORMATION
    You may need to provide us with user information (primarily an email address) to use certain Services of the Site, such as submitting questions or to subscribe to email newsletters offered via the Site. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your account. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. Kelly Market reserves the right to cancel your account at its discretion.
  2. USER CONTENT
    “User Content” means any and all information and content that a user submits to, or uses with, the Site (text, files, photos, audio, video, messages, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content; including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Kelly Market. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Kelly Market is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you so desire. Under no circumstance will Kelly Market be liable for any inaccuracy or defect in any User Content.
5.1 Acceptable Use Policy. The following sets forth Kelly Market’s “Acceptable Use Policy”:
(a) You agree not to post, email, or otherwise make available User Content:
  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
  • that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that includes your personal information, such as telephone number, street address, last name, URL, or email address;
  • that includes personal or identifying information about another person without that person’s explicit consent
  • that is false, deceptive, misleading, deceitful, misinformative, constitutes a “bait and switch”, or impersonation of any person or entity;
  • that contains your own or a third party’s advertising, branding, or promotional content;
  • that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • restrict or inhibit any other user from using and enjoying the Site or Service offered;
(b) In addition, you agree not to use the Site to:
  • upload, transmit, or distribute any computer, viruses, worms, or any software intended to damage or alter a computer system or data;
  • harvest, collect, gather, or assemble information or data regarding other users; including email addresses without their consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate regulations, policies, or procedures of such networks;
  • attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means;
  • tamper with any copyright protection mechanisms applicable to content on the Site;
  • introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy material from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches, or archives of such materials).
5.2 Enforcement. We reserve the right (but have no such obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If Kelly Market elects to modify User Content, Kelly Market nonetheless assumes no responsibility for the User Content.
5.3 Other Users. You are solely responsibly for any and all of your User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such user. You agree that Kelly Market will not be responsible for any loss or damage incurred as a result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory and the Site has no obligation to monitor or delete any such User Content.
5.4 You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind of nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly to, any interactions with, or act or omission of, other Site users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  1. INDEMNIFICATION
    You agree to indemnify and hold harmless Kelly Market, its contractors, and its licensors, and their respective directors, officers, employers and agents from and against any and all claims and expenses; including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
  2. LIMITATION OF LIABILITY
    In no event will Kelly Market, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Kelly Market shall have no liability for any failure or delay due to matters beyond reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  3. DISCLAIMER OF WARRANTIES
    The Site is provided “as is”. Kelly Market and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied; including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kelly Market nor its suppliers and licensors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.
  4. INTELLECTUAL PROPERTY RIGHTS
    This agreement does not transfer from the Site to you any Kelly Market or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Site. All graphics, logos, trademarks,  and service marks used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any of these trademarks.
  5. LINKS TO OTHER SITES
    The Site may contain advertisement and/or links to other sites (“Third Party Websites”). These links are provided solely for the convenience of the users. Kelly Market does not endorse, sanction, or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on any Third Party Websites. If you decide to leave the site and navigate to Third Party Websites, or install any applications, software, or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Site, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Kelly Market bears no responsibility for any action associated with any Third Party Website. Moreover, Kelly Market does not imply an affiliation with any Third Party Website.
  6. RULES FOR PROMOTIONS
    Any giveaways, sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
  7. TERM & TERMINATION
    Kelly Market may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue use of the Site. 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.