Terms of Service

By using services of Kernel Networks, Inc., you accept and agree to be bound by the following terms and conditions (and we promise we’ve tried to make them as friendly as we can!). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

Kernel Networks, Inc.’s Proprietary Rights

Kernel Networks, Inc. owns and retain all rights in the www.gokernel.com website and related applications, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Kernel Networks, Inc., you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Kernel Networks, Inc.’s proprietary information.

In order to prevent abuse of our storage services, we reserve the right to restrict the amount of storage consumed by a single user, and to remove any file that we deem to be of an unreasonable size without prior notice.  
 

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. Click here to review the Kernel Privacy Policy.


COPYRIGHTED MATERIALS

All images and materials uploaded by Kernel users must not violate the copyright on those materials, if any. We reserve the right and will remove any materials that are reported to us as violating copyright.

PRIVACY POLICY

Kernel Networks, Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on its site and sub-pages. Kernel Networks, Inc. disclaims any and all responsibility and liability for the conduct of any participant or user of www.gokernel.com.    

YOU AGREE THAT YOUR USE OF GOKERNEL.COM AND RELATED APPLICATIONS IS ENTIRELY AT YOUR OWN RISK.

You agree to hold harmless and indemnify Kernel Networks, Inc. from and against any third party claim arising from or in any way related to your use of gokernel.com and related applications, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Kernel Networks, Inc. will provide you with written notice of such claim, suit or action.
 

Limitation of Liability

 UNDER NO CIRCUMSTANCES WILL KERNEL NETWORKS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF GOKERNEL.COM OR RELATED APPLICATIONS, WHETHER OR NOT KERNEL NETWORKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOKERNEL.COM AND RELATED APPLICATIONS, FROM INABILITY TO USE GOKERNEL.COM OR RELATED APPLICATIONS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOKERNEL.COM OR RELATED APPLICATIONS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL KERNEL NETWORKS, INC. BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
 

Term and Termination

These Terms of Service will apply to your use of the gokernel.com website and related applications. At any time, you may terminate your account and upon request Kernel will remove your personal information from view, except in cases where your information is required in order to preserve the experience for other users. All historical data and usage will remain in Kernel’s systems to preserve the system and make continued improvements to the site and applications. Kernel Networks, Inc. may terminate your usership immediately at any time, for any reason. Once your usership terminates, you will have no right to use Kernel’s services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your usership.

To cancel your account, please let us know: support@gokernel.com.    
 

Notices

Kernel Networks, Inc. may provide you with notices regarding Kernel or these Terms of Service by regular mail, email, or postings to this website or related applications.
 

Blog

The Kernel Blog (referred to herein as ‘the blog’) is designed to allow community users to express themselves on subjects relevant to the use of the service. We are firm believers in freedom of speech and expression, but we also have an equally firm goal to keep the blog relevant and civil. Though you are the owner of the content you contribute to the blog, we reserve the right to remove and possibly edit any post or comment for any reason that we deem necessary. Posting content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, promoting unrelated goods and/or services and/or organizations will be removed, and may result in the suspension of your permission to post to the Kernel blog.

By posting content to the blog, you warrant and represent that you either own or otherwise control the rights to publish that content, or that your use of the content is a protected fair use. You also allow for the use of syndication technology such as RSS to distribute content that you contribute to the blog.

You acknowledge that Kernel does not pre-screen posted content, and that accessing the blog content in any way represents your agreement to these Terms and indemnifies Kernel from any harm suffered as a result of the blog content or its management.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of San Francisco, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.    

Without limiting the foregoing, under no circumstances shall Kernel Networks, Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and Kernel Networks, Inc. with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Thank you for reading our Terms of Service.

Best wishes,

the Kernel team