Terms of Service


Kodiak Solutions LLC Terms of Service


Last updated: May 2024


These Terms of Service govern your use of the website located at https://kodiaksolutions.io (the “site”) and any related services provided by Kodiak Solutions LLC (“Kodiak Solutions”, “we”, “us” or “our”).


By accessing the site, you acknowledge that you are at least 16 years old, are located in the U.S. and agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you are not at least 16 years old, do not reside in the U.S. or do not agree with these Terms of Service, you are prohibited from using or accessing this site or using any other services provided by Kodiak Solutions.


We, Kodiak Solutions, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication (as indicated at the top of these Terms of Service). Your continued use of the site after such changes constitutes your acceptance of the amended Terms of Service. The amended Terms of Service supersede all previous versions.


BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND KODIAK SOLUTIONS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST KODIAK SOLUTIONS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW Arbitration Agreement Section FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH KODIAK SOLUTIONS.


  1. Privacy

Please review our Privacy Policy which also applies to your use of the site.


  1. Limitations of Use

By using this site, you warrant on behalf of yourself, your users and other parties you represent that you will not:


  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this site;
  • remove any copyright or other proprietary notations from any materials and software on this site;
  • transfer the materials to another person or "mirror" the materials on any other server;
  • knowingly or negligently use this site or any of its associated services in a way that abuses or disrupts our networks or any other service Kodiak Solutions provides;
  • use this site or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use this site or its associated services in violation of any applicable laws or regulations;
  • use this site in conjunction with sending unauthorized advertising or spam;
  • harvest, collect, or gather user data without the user’s consent; or
  • use this site or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.


You are prohibited from violating or attempting to violate the security of the site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.


You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the site, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.


  1. Intellectual Property

The intellectual property in the materials contained in this site are owned by or licensed to Kodiak Solutions and are protected by applicable copyright and trademark law. The materials contained in this site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. We grant our users permission to access, make use of and download one (1) copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a limited license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Kodiak Solutions at any time. All rights not expressly granted herein are reserved to Kodiak Solutions and our licensors.


  1. User Accounts

You may register an account on the site. You agree that the information you provide to us during the registration process and at all other times when you use the site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Kodiak Solutions has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Kodiak Solutions has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).


You are the sole authorized user of any account you create through the site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at Privacy@kodiaksolutions.io. Kodiak Solutions will not be liable for losses, damages, liability, expenses, and fees incurred by Kodiak Solutions or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.


  1. Feedback

Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site including any ideas, comments, suggestions, feedback, data or the like (“Feedback”) will be considered non-confidential and non-proprietary. Kodiak Solutions will have no obligations with respect to the Feedback. Furthermore, you assign all intellectual property rights, including any moral and publicity rights you have in any Feedback. By submitting the Feedback to Kodiak Solutions, you agree Kodiak Solutions is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Without limitation, Kodiak Solutions and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.


  1. Liability

Our site and the materials on our site are provided on an 'as is' and ‘as available’ basis. To the extent permitted by law, Kodiak Solutions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property, or other violation of rights.


In no event shall Kodiak Solutions or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this site or the materials on this site, even if Kodiak Solutions or an authorized representative has been notified, orally or in writing, of the possibility of such damage.


In the context of this agreement, "consequential loss" includes any consequential loss, indirect or incidental loss, special loss, punitive loss, exemplary loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential loss, these limitations may not apply to you.


Your sole remedy for dissatisfaction with the site or the materials contained in the site is to stop using the site. To the extent any aspects of the foregoing limitations of liability are not enforceable under applicable law, Kodiak Solutions’ maximum liability to you with respect to your use of the site is one hundred dollars ($100). The foregoing limitations apply even if the remedies under these Terms of Service fail of their essential purpose.


Any claims arising in connection with your use of the site must be brought within one (1) year of the date of the event giving rise to such action occurred.


  1. Indemnification

You agree to indemnify, defend and hold harmless Kodiak Solutions and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms of Service or from our termination of your access to or use of the site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.


  1. Accuracy of Materials

The materials appearing on our site are not comprehensive and are for general information purposes only. Kodiak Solutions does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials on this site, or otherwise relating to such materials or on any resources linked to this site.


  1. Links

Kodiak Solutions has not reviewed all of the third-party websites or online services linked to our site and is not responsible for the contents of any such linked website or online service. The inclusion of any link does not imply endorsement, approval or control by Kodiak Solutions of the third-party website or online service. Use of any such linked website or online service is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those websites or online services. The information collected by such third-party websites or online services is not covered by our Privacy Policy.


  1. Right to Terminate

We may suspend or terminate your right to use our site and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.


  1. Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.


  1. Waiver

No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any right.


  1. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Indiana, USA. 


  1. Arbitration & Class Action Waiver


Kodiak Solutions is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Kodiak Solutions Support at privacy@kodiaksolutions.io . However, if you are dissatisfied with our resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our users as possible. We will abide by the terms of our current arbitration provision in all instances.


For the purposes of this Arbitration Agreement, references to "Kodiak Solutions" as "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.


Arbitration Agreement


(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are narrow: Claims arising out of or relating to your use of our site and any action you take on our Site.



Notwithstanding the foregoing, either party may bring or transfer an individual action or arbitration to small claims court. In addition, either party may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.  


You agree that, by accessing and using this Site, you and we are each waiving the right to a trial by jury or to participate in a class action as stated below. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.


(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a personally signed written Notice of Dispute ("Notice") to the other party. A Notice to Kodiak Solutions should be addressed to: Notice of Dispute, Kodiak Solutions LLC, 9045 River Road, Suite 450, Indianapolis, Indiana 46240, Attn: General Counsel ("Notice Address"). A Notice to you will use your last known address we have for you on file.  The Notice must (a) describe the nature and basis of the claim or dispute in detail and (b) set forth the specific relief sought ("Demand"). You agree to personally and directly discuss the Demand with us in good faith when we contact you, without undue delay, by video or phone conference with your attorney present if you are represented by counsel. If after this meeting you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, or we have the meeting, whichever is later, you or Kodiak Solutions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Kodiak Solutions or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kodiak Solutions is entitled. You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org. 


(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") or Mass Arbitration Rules of the American Arbitration Association (the "AAA"), as applicable except as modified by these Terms of Service, and will be administered by the AAA. The arbitrator shall be bound by these Terms of Service. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address, by an in-person hearing as established by the AAA Rules.  We both waive our right to proceed in arbitration by telephone.


Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Kodiak Solutions, unless the claim fits within the mass arbitration criteria.


If, the arbitrator finds that either the substance of your or our claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the other party shall be entitled to the payment of all of its fees and costs.  An award may be entered against a party who fails to appear at a duly noticed hearing.


(d) The arbitrator may award injunctive relief including public injunctive relief where warranted. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. 


(e) You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.


(f) You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that AAA shall (1) administer the arbitration demands together; and (2) appoint one arbitrator for the coordinated demands. 


If any part of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.


Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.