Policies

Privacy Policy

Date of Last Update: September 23, 2015
Kentucky Equine Research, Inc. ("KER") respects your privacy and is committed to protecting it through our compliance with this privacy policy. We will only use, distribute, sell, share, or rent data we collect under the circumstances outlined in this policy. This Privacy Policy applies to your use of KER ClockIt software ("Software"), KER mobile applications (each an "App" and collectively the "Apps"), our websites www.ker.com, www.kerx.com, www.microsteed.com, www.equinews.com, www.kerclockit.com, http://shop.kerx.com, http://shopau.ker.com, and other current or future websites owned or managed by KER (individually a "Site" and collectively "Sites"), and memberships and other services. The Software, the Apps, the Sites, and memberships and other services provided by KER are collectively referred to in this policy as the "Services".
PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THE SERVICES.
1. Data Collection
When you use the Services, you may utilize a heart rate monitor and/or GPS device in connection with the Apps, which will transmit data to KER. When you sync the heart rate monitor and/or GPS device through an App or the Software, data recorded on the heart rate monitor and/or GPS device about your horse's activity is transferred from the heart rate monitor and/or GPS device to KER's servers. Additionally, when you use the Services you may enter contests, vote in surveys, submit demographic information, subscribe to services and create an account, express opinions or otherwise post or upload data on the Sites or via the Apps or Software. KER collects and stores all of this data. The types of data that may be collected through your use of the Services include but are not limited to your name, address, e-mail address, telephone number, fax number, credit card information, demographic information, information about your interests and behaviors, and information about your horse's heart rate, location, stride characteristics, speed and distance traveled.
When you visit the Sites, KER may also collect certain data about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Sites. We also collect data from cookies, as described below.
2. How KER Uses the Data it Collects
KER will use the data it collects to provide you with the best experience possible, to help you make the most of your use of the Services, to improve and protect the Services, to do research, and to prepare research papers. We also may sell the data we collect, but we won't sell any data that could identify you. We only share data when it is necessary to provide the Services, when the data is de-identified and aggregated, or when you direct us to share it.
Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share this data in the following circumstances:
- with companies that are contractually engaged in providing us with services, such as order fulfillment, email management, and credit card processing. These companies are obligated by contract to safeguard any PII they receive from us.
- if we believe disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g. subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the Services, or to protect the rights, property, or safety of KER, its employees, users, or others. If we are going to release your PII, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
- we may disclose or transfer your PII in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company.
- the Sites may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain PII that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. KER may also share registered users’ volunteered contact information with its partners and affiliates, or send messages to users on the behalf of its partners and affiliates. KER has no control over the third-party sponsors’ use of this information.
KER may share or sell aggregated, de-identified data about you or your horses that does not identify you or your horses, with partners and the public in a variety of ways, such as by providing research, studies, papers, analyses, complilations or reports about the health, fitness, training, care and nutrition of horses.
We may also provide log files and other databases of user information to third parties for analysis, so we can get a better understanding of traffic through our site and thus improve our content offerings.
KER may use the data to transmit occasional updates to its members and e-newsletter subscribers about new features and special offers from KER, its affiliates, and selected partners.
3. Choices about how KER Uses and Discloses Your Information
- Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html). If you disable or refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.
- Disclosure of Your Information for Third-Party Advertising: If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an e-mail stating your request to [email protected].
- Promotional Offers from KER: If you do not wish to have your e-mail address/contact information used by KER to promote our own or third parties' products or services, you can opt-out by sending an e-mail to [email protected]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to KER as a result of a product purchase, warranty registration, product service experience or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
4. How to Deactivate Your KER Account
You can deactivate your KER account(s) by contacting customer support at [email protected]. KER may continue to use your de-identified data after you deactivate your account.
5. Accessing and Correcting Your Information
For those Sites that have log-in capability, you can review and change your personal information by logging into the Site and visiting your account profile page.
You may also send us an e-mail at [email protected] to request access to, correct or delete any personal information you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
6. Cookies
To enhance your experience on our Sites, many of our Sites use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at ker.com, kerx.com, microsteed.com, www.kerclockit.com, or equinews.com. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience at our Sites (e.g., to recognize you by name when you return to ker.com, kerx.com, microsteed.com, www.kerclockit.com, or equinews.com), save your password in password-protected areas, and enable you to use shopping carts on the Sites. We also may use cookies to offer you products, programs, or services.
7. Third parties
The Sites may contain links to other sites whose information practices may be different than ours. Visitors should consult the privacy notices of these other sites as we have no control over information that is submitted to, or collected by, these third parties.
8. Other Uses of Data
Data collected on a Site may be shared with other sites owned by KER. In addition, information collected on our website may be used for other purposes by our parent company, such as direct mail efforts.
9. Security
KER uses a combination of technical and administrative security controls to maintain the security of your data.
When our registration/order forms ask users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – Secure Sockets Layer (SSL). While on a secure page, such as our order form, the lock icon on the bottom of Web browsers becomes locked, as opposed to being unlocked (or open) when you are just surfing.
10. Obtaining your consent
By using any of the Services, you are giving KER permission to collect and use your data and data generated from your use of the Services in accordance with this privacy policy.
11. How Does KER Handle Data from International Visitors?
The Services are hosted and operated entirely in the United States and Canada. Any personal information that you provide to KER is being transferred to KER and will be hosted on United States and Canadian servers. You consent to the transfer of your personal information to the United States and Canada. If you are accessing the Services from outside the United States and Canada, please be advised that United States law and Canadian law may not offer the same privacy protections as the law of your jurisdiction.
KER Complies with the U.S.-EU Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. KER has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. In compliance with the Safe Harbor Principles, KER commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should first contact support at [email protected].
KER has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
12. Your California Privacy Rights
California Civil Code Section §1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected] or write us at: 3910 Delaney Ferry Road, Versailles, KY 40383.
13. Notification of Changes to This Policy
KER may occasionally amend this policy, but any future changes will not affect data that was collected under a previous version of the policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your KER account and provide notice on the Site. We will use collected data in accordance with the privacy policy under which the data was collected.
If you feel that KER is not abiding by its posted privacy policy, please send an e-mail to [email protected].
Questions?
If you have any questions regarding our privacy policy, you can contact us at [email protected].

Terms of Use

Date of Last Update: September 23, 2015

1. Introduction and Acceptance
These Terms of Use ("Terms of Use" or "Terms") govern your use of www.ker.com, www.kerx.com, www.microsteed.com, www.equinews.com, shop.kerx.com, shopauker.com (individually, a "Site" and collectively "Sites") and the information, services and content provided by Kentucky Equine Research, Inc. ("KER"), its affiliates, and other third parties through the Sites (collectively, the "Services"). Your use of these Services is subject to the following Terms of Use.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.
You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Services.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information through your use of the Services. A copy of this Privacy Policy can be found here: ker.com/privacy-policy and is incorporated by reference into these Terms of Use. By accessing or using the Services, you are also signifying your acknowledgement and agreement to our Privacy Policy.

2. Amendment to the Terms
We reserve the right, in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services. Any additional terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any additional terms conflict with these Terms of Use, the additional terms will control. Modification to these Terms of Use will be effective immediately upon notice, either by posting on our Site, by notification email, or by presentation of new Terms of Use upon application update or upgrade. It is your responsibility to review the Terms of Use and Sites from time to time for any changes or additional terms. When you access and use of any of the Services following any modification, you are telling us that you accept the modified Terms. If you object to any modification, immediately discontinue use of our Services.

3. KER Content
"KER Content" includes any data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, collected, assembled, compiled or otherwise made available through the Services to you. The KER Content, the Services, and the underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

4. Use of Services
(a) Our Services are not intended for children under 13 years of age. No one under age 13 may provide any personal information to us. We do not knowingly collect personal information from children under 13. If you are under 13 do not use the Services. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
(b) Upon payment of any applicable fees, KER grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the KER Content, (2) access and use the software and mobile applications provided by the Services, and (3) use the software that is embedded in the Services as authorized in these Terms.
(c) When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the KER Content, the Services or any portion thereof, except as specifically permitted by these Terms.
(d) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Sites or Site content;
(ii) use an automatic device (such as a robot or spider) or manual process to copy our Sites or Site content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Site content from our Sites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site content that is available to the public. We reserve the right to revoke this permission, generally at any time;
(iii) collect or harvest any information from our Services including, without limitation, user names, passwords, and email addresses;
(iv) solicit others users to join or become members of any commercial online service or other organization without our prior written approval;
(v) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vi) decompile, reverse engineer, or disassemble any portion of our Services or otherwise attempt to derive the source code of any software that KER provides to you or any other part of the Services;
(vii) use network-monitoring software to determine architecture of or extract usage data from our Sites;
(viii) encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
(ix) use, display, mirror or frame the Services or any individual element of the Services, KER's name, any KER trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KER's express prior written consent;
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(e) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

5. Creating an Account
Use of some of the Sites requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. You are responsible for maintaining the confidentiality of your account credentials, and any damages caused by your failure to do so. It is your responsibility to select whether you choose to have your account listed publicly or remain private.

6. User Content
(a) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We may now or in the future permit users to interface with social media. It is your responsibility to familiarize yourself with and adhere to each social media terms of use and privacy policies.
(b) User Content may contain photos. Your photos may be accessed by the Sites or mobile application. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(c) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law
(iv) is an advertisement for goods or services, or a solicitation of funds; or
(v) contains a formula, instruction, or advice that could cause harm or injury.
Furthermore, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Sites will not be permitted.
(d) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
(e) We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, or disable access to any User Content. Furthermore, User Content and related data will be stored and maintained in accordance with our Privacy Policy.

7. Service Content and Third Party Links
(a) KER provides Services for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Services. Under no circumstances will KER be liable for any loss or damage caused by your reliance on the Services.
(b) In some instances, the Services will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than authorized employees of KER or authorized spokespersons of KER acting in their official capacity.
(c) Our Services may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

8. Indemnification
You hereby agree to indemnify and hold harmless KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including attorney's fees) arising out of, related to, or that may arise in connection with: your access to or use of our Services; User Content provided by you; any actual or alleged violation or breach by you of these Terms of Use; any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or your acts or omissions. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder.

9. Termination
We reserve the right, in our sole discretion and at any time, to terminate or suspend your use of, or access to, our Services for any reason including, without limitation, if you have failed to comply with these Terms of Use. You agree that KER shall not be liable to you or any third party for any termination or suspension of your use, or for blocking your access to our Services. Any suspension or termination shall not affect your obligations to us under these Terms of Use.

10. Copyright Policy
(a) We respect the intellectual property rights of others and expect you to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our Services or hosted on our systems that may be infringing or the subject of infringing activity.
(b) In accordance with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement that are reported to [email protected].
(c) If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing a written notification that contains the following:
(i) A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is alleged to have been infringed.
(ii) Identification of the copyright work that is alleged to have been infringed.
(iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as and address, telephone number, or electronic mail address at which you may be contacted.
(v) A statement that you have 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.
(vi) A statement that the information in the notification is accurate, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DCMA. Inquiries that do not follow this procedure may not receive a response.

11. Choice of Law
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to principles of conflict of laws.

12. Arbitration
The parties shall attempt, in good faith, for a period of at least 30 days, to resolve any controversy, claim or dispute arising out of these Terms of Use or in any way connected with our Sites through negotiations. In the event that the negotiations are unsuccessful, the controversy, claim or dispute shall be settled by binding arbitration before a single arbitrator and in accordance with the then current CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration. The arbitration shall be governed by the U.S. Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall be conducted in Lexington, Kentucky, USA, and judgment on the arbitration award may be entered into any court having jurisdiction. Any party may seek any interim or preliminary relief from a court of competent jurisdiction in Lexington, Kentucky USA to protect the rights or property of such party pending the completion of arbitration. Each of the parties consents to the jurisdiction of, and laying of venue in, state or federal courts whose jurisdiction includes Fayette County, Kentucky USA.

13. Miscellaneous
If any provision of these terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. These Terms of Use, including the Privacy Policy, constitute the entire agreement of the parties with respect to this subject matter. We may assign these Terms of Use or any rights hereunder without your consent and without notice. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder without our prior written consent.

14. Disclaimers
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, KER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING: WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES; WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH OUR SERVICES; WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; AND WARRANTIES THAT ERRORS IN SOFTWARE WILL BE CORRECTED.

15. Limitation of Liability
(A) UNDER NO CIRCUMSTANCES SHALL KER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE.
(B) IN NO EVENT WILL KER'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF AMOUNTS YOU HAVE PAID TO KER FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR LINKS IN ANY SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.
(c) You agree that any cause of action arising out of, relating to, or in any way connected with any of the Services or these Terms of Use must commence within one year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
(d) Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you. These limitations shall apply to the fullest extent permitted by law.