Legal

Last updated: May 24, 2018

Terms of Use

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY KWALL. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY KWALL AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

Copyright

The materials and information on this web site are made available by KWALL for informational purposes only. All images, writings, text, and materials are protected by copyright and owned by KWALL. You may not copy, distribute, or use any of this content in any way without prior written authorization through KWALL.  Drupal is a registered trademark of Dries Buytaert. Further legal information regarding Dries Buytaert is available here.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by KWALL is the proprietary information of KWALL or the party that provided the Content to KWALL, and KWALL or the party that provided the Content to KWALL retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KWALL, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates KWALL's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Official DMCA Copyright Infringement Notification

Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS!

To expedite our ability to process your request, such written notice should be sent to our designated agent whose contact information is available via our “DMCA Designated Agent” here.

Links

Some links within this web site may lead to other sites. KWALL does not incorporate any materials appearing in such linked sites by reference, and KWALL does not necessarily sponsor, endorse or otherwise approve of such linked materials. Links are to be accessed at the user's own risk, and KWALL makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site.

Cookies

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. KWALL does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

Submissions

You hereby grant to KWALL the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KWALL through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KWALL will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KWALL operations.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of KWALL and this policy.

KWALL will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that KWALL cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. KWALL does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by KWALL. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is" and without warranties of any kind, either expressed or implied. KWALL disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. KWALL does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. KWALL does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and KWALL may make changes or improvements at any time. You, and not KWALL, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KWALL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation On Liability

KWALL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KWALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KWALL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KWALL FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold KWALL, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of KWALL or the party that provided the trademarks, service marks, and logos to KWALL. KWALL and any party that provided trademarks, service marks, and logos to KWALL retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, KWALL reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KWALL nor any third party that provides Content to KWALL will assume or have any liability for any action or inaction by KWALL or such third party with respect to any submission.

Information We Collect

We use the personally identifyable information we collect from you:

  • To enable us to provide you with our services
  • To secure and protect our services
  • To customize various aspects of the site to your preferences
  • To track and analyze services to improve KWALL and provide you with an optimal experience
  • To send you information and other materials that you have opted into and may opt out of via email at info@kwallcompany.com
  • As may be necessary to support the operation of the site

When you visit the site, we may collect and store information about your device connected to this site. This information is never shared publically and includes:

  • Mobile device ID
  • Geographic location
  • IP address of connection
  • Technical information about the device and access such as browser and version
  • Preferences or settings for the site (time zone, language, etc.)
  • Pages visited and referring site

European Union Users:

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Servicing: In certain circumstances, we need your personal data deliver the Services
Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of payments made through our Services.
Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests. For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Services secure. We may also send you promotional communications about our Services, subject to your right to control whether we do so. We analyze how users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer all our users.

How you may opt out of receiving certain e-mails:

If you have previously opted in to emails, you may choose to opt-out of any transfer of personally identifiable information to a third party as described in the Privacy Policy. You may opt-out by contacting us at info@KWALL.com or updating your email preferences in your online account. Note that, because we will occasionally need to send you certain email messages that are important to your use of the Site, such as system status updates or order confirmations, you will not be able to “opt out” of receiving such messages.

Disclosure of information on public areas of the Site”

The username you select or are provided with in order to participate in certain public areas (such as bulletin boards, chat rooms, and the like) of the Site (your “Handle”) is deemed non-personally identifiable information. Your Handle may be published on the Site and may be disclosed to others, including, without limitation, to the public at large, and to any third parties with whom we elect to share such information. In addition, if you include your name or any other personally identifiable information in any material transmitted or posted on public areas of the Site, such information will be published on the Site and will be disclosed to other users of the Site and to other third parties who may have access to or otherwise see a display of such information. You hereby release, hold harmless and waive any claims against us relating to such disclosure, sharing, or publication.

The security measures we put in place to protect the loss, misuse or alteration of the information we obtain:

We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain, including using advanced firewall, password protection systems, and Transport Layer Security (TLS) to encrypt information as it travels over the internet. No method of transmission over the internet or electronic storage is completely secure, so KWALL cannot guarantee its absolute security. In addition, e-mail that you send us is not necessarily secure against interception. Your account information is protected by a password, which you should choose carefully and keep secure. You are ultimately responsible for the security of your user name and password. We have an Incident Response Team (IRT) and protocol in place in the event of a data breach. We encourage the responsible disclosure of vulnerabilities of our Services by emailing support@kwallcompany.com

Information concerning links to other website and services:

Our Site may include links to other websites or services whose privacy practices may differ from KWALL’s. When you use a link to an external site or service, the privacy policy and data processing disclosures for that site or service governs.

How information is retained in our systems:
We will retain your information as long as your account is active, as necessary to provide you with the Services or as otherwise set forth in this Policy. We will also retain and use this information as necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements and protect KWALL’s legal rights. We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Services or comply with legal obligations.

Information concerning deletion of your account:
You can delete your online account at any time. Deleting your account won’t automatically make some content you’ve already posted go away. Deleting your online account does not affect your membership with KWALL. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

How data is transferred to and from our systems: 
Because KWALL is a US-based company, your information will be collected and processed in the United States. The United States has its own laws governing data protection and government access to information. The rules that protect your personal information under United States law may be different than in your home country. If you choose to use the Services, you need to agree to our Terms of Use, which set out the contract between KWALL and its users.

Your rights and how we provide access to your information:
Users residing in certain countries, including the EU, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all KWALL users can manage their personal information, as further described below, in their account settings. You can request a downloadable copy of your personal data from KWALL by emailing info@kwallcompany.com. To modify or delete the personal information you’ve provided to us, please log in and update your profile. You may also delete your account from your account settings page. We may retain certain information as required by law or as necessary for our legitimate business purposes.

Access to Your Information 

To modify or delete the personal information you’ve provided to us, please log in and update your profile. We may retain certain information as required by law or for necessary business purposes. You may view, delete and change certain personally identifiable information by sending an email to info@kwallcompany.com, and we will use reasonable efforts to comply with your request.

How you receive notifications from us:

We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt in to any marketing communications we send. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time by adjusting your notifications settings. We’ll also send you service-related announcements when it’s necessary to do so.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). KWALL will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KWALL considers insecure, KWALL will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KWALL reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. KWALL reserves the right to investigate suspected violations of these Terms of Use.

KWALL reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KWALL to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KWALL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KWALL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KWALL OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

If any provision of these Legal Terms is held to be unenforceable, this holding will not affect the validity of the other provisions. These Legal Terms, and your use of the website, are governed by and interpreted in accordance with the laws of the State of Arizona, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for Maricopa County, Arizona. You hereby consent to personal jurisdiction in the State of Arizona, acknowledge that venue is proper in any state or federal court in Maricopa County, Arizona, and waive any objection that may exist, now or in the future, with respect to any of the foregoing.

Contacting Us

We can be reached by contacting:

Email: support@kwallcompany.com

Mail:
4100 Newport Pl Dr #510
Newport Beach, CA 92660