Terms & Conditions
of Use

Terms and Conditions of Use

Effective June 1, 2023

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The following terms and conditions govern your use of any Site and Services owned and operated, including successor URLs, by Kitartó Forza Non-Profit Corporation or affiliated entities (collectively, “Kitartó Forza”).

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PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY REGISTERING, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE AND ASSOCIATED PRODUCTS, SERVICES AND MATERIALS (COLLECTIVELY, THE “SERVICE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING WEBSITE TERMS AND CONDITIONS, INCLUDING THE KITARTO FORZA PRIVACY POLICY, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

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When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing
and continuing to use our Site or by clicking to accept or agree to these Terms when the option is
made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy
whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you
must not use or access our Site or Services.

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Kitartó Forza reserves the right to make changes to this Site and to these terms and conditions at any time. Your continued use of this site will constitute your acceptance of any new or amended terms and conditions.

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ACCEPTABLE USE. You must not use this Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

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You must not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious software.

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You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Kitartó Forza’s express written consent at least 14 business, non-holidays in advance.

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You must not use this Service to transmit or send unsolicited commercial communications.

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ELIGIBILITY. The Service is not intended for persons under the age of 13 years or for any users suspended or removed from the Service. By using the Service, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Service. If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental or legal guardian consent before registering for the Service. If you have agreed to allow your Minor Child to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor Child; (b) monitoring such Minor Child’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor Child. If you are using or registering an account on the Service on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and that you agree to be bound by these Terms on behalf of such Subscribing Organization.

The Services are provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated.

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REGISTERED ACCOUNT. In order to access some features of the Service, you will have to create an account. You represent and warrant that the information you provide to Kitartó Forza upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up to date at all times. If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for logging off of the Service at the end of each session. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, unauthorized disclosure or use of your account ID or password), you shall immediately notify Kitartó Forza by visiting https://www.KitartoForza.ORG/Contact-Us. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY KITARTÓ FORZA OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Having multiple free accounts is not considered an acceptable use of our service (e.g., bulk signups, greater than two (2) free accounts created by a single organization or individual) without advance express written approval has been provided by Kitartó Forza. Abusive registrations of aliases for third-party services are also not acceptable. Free accounts must also only be created and maintained by their effective users (e.g., it is not acceptable to create accounts in anyone else’s name and later transfer credentials to that third party).

You understand that certain portions of the Service may not be accessible to all users. Kitartó Forza reserves the right to terminate or suspend your account, deny you permission to access the Service or deny you permission to register an account for any or no reason.

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RESTRICTED ACCESS. Access to certain areas of this Service is restricted. Kitartó Forza reserves the right to restrict access to certain areas of this Service, or indeed this entire Service, at Kitartó Forza’s discretion.

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​If Kitartó Forza provides you with a user ID and password to enable you to access restricted areas of this Service or other content or services, you must ensure that the user ID and password are kept confidential and protected using credential management best practices.

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​Kitartó Forza may disable your user ID and password in the organization’s sole discretion without notice or explanation.

SERVICE ACCESS. Kitartó Forza grants you permission to use the Service as set forth in these Terms, provided that and so long as (i) you use the Service solely for your personal, private, noncommercial use unless otherwise agreed to in writing in advance by Kitartó Forza; (ii) you do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise exploit any portion of the Service in any medium without Kitartó Forza’s prior written authorization or unless expressly permitted in these Terms; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. You understand that certain portions of the Service may not be accessible to all users, including but not limited to our online community. Kitartó Forza reserves the right to terminate or suspend your account, deny you permission to access the Service or deny you permission to register an account for any or no reason.

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USER CONTENT. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Service, for whatever purpose.

You grant Kitartó Forza a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Kitartó Forza the right to sub-license these rights, and the right to bring an action for infringement of these rights.​

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Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Kitartó Forza or a third party (in each case under any applicable law).​

You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.​

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Kitartó Forza reserves the right to edit or remove any material submitted to this Service, or stored on the organization’s systems, or hosted or published upon this Service.

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PAYMENT. The Service may permit you to make donations or submit payment for goods and services. Before you pay any amounts, you will have an opportunity to review and accept the amounts that you will be charged. All amounts are in United States (US) dollars and are non-refundable. You authorize Kitartó Forza or its third-party payment processor to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, Kitartó Forza or its third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

MEDIA RELEASE. By using our Service, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.

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YOUR COMMUNICATION WITH KITARTO FORZA
By submitting a comment, photo, video or other materials to our Service or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Service.

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Any communications made through our contact form, blog comments, social media pages or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third parties. We own any and all communications displayed on our websites, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to the Kitartó Forza Privacy Policy.

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We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of Kitartó Forza’s business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to the Services as a result of any such behavior that we deem inappropriate.

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OWNERSHIP; PROPRIETARY RIGHTS. As between the parties, the Service, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service are owned and operated by Kitartó Forza, its affiliates and/or its licensors.

COPYRIGHT. The content contained on this site is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Kitartó Forza and its licensors retain all title to copyright, and nothing on this site shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise. Except as expressly authorized by Kitartó Forza, you agree not to sell, license, distribute, copy, publicly perform or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the Service.

 

Kitartó Forza reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Service, except for the limited rights set forth in these Terms.

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TRADEMARKS. The trademarks, service marks and logos used and displayed on this site are registered and unregistered trademarks and service marks of Kitartó Forza and others. Kitartó Forza™, Hear Me Roar™, Allevo™, EmpowHer™, Forza Cyber Security™, Victorious Over Secrets™, 51 Equality™, Hacker Basher™, Stalker Zone Destroyer™, Kitartó Forza DNA™ and other marks appearing on this Site are trademarks or registered trademarks of Kitartó Forza in the United States and other countries. All other registered and unregistered trademarks used on the Site are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Kitartó Forza trademark, service mark or logo used or displayed on the site without the prior express written permission of Kitartó Forza. When used with Kitartó Forza’s permission, all trademarks must be identified as trademarks of Kitartó Forza using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. If you would like to request permission to use any Kitartó Forza trademark, service mark or logo used or displayed on the site, please contact us by visiting https://www.KitartoForza.ORG/Contact-Us to submit a request.

 

Kitartó Forza grants to educational institutions, specifically elementary, secondary, and accredited higher educational institutions, permission to download, reproduce, display and distribute the publicly available materials posted on this site solely for use in the classroom provided that the materials are not modified and all copyright and proprietary notices are retained as they appear in the materials and the educational institutions identify Kitartó Forza as the source of the content and include the following credit line: “Courtesy of © Kitartó Forza™”.

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PATENTS. Kitartó Forza’s technology and products are protected by one or more United States and/or international patents or patents pending.

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The permission granted herein shall terminate if a breach of any of these terms and conditions occurs. Upon termination you agree to destroy any content downloaded from this site within ten (10) business days and certify to the same in writing to Kitartó Forza by visiting https://www.KitartoForza.ORG/Contact-Us and submitting the written certification. Unauthorized use of the Service is expressly prohibited by law and may result in civil and criminal penalties.

You may not use materials or the Service in any manner that may give a false or misleading impression or statement as to Kitartó Forza or any third party referenced in the materials. You agree to use the Service only for lawful purposes.

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WARRANTIES AND DISCLAIMERS.  The Service is provided “as is” without any representations or warranties, express or implied. Kitartó Forza makes no representations or warranties in relation to this Service, or the information and materials provided on this website.

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​Without prejudice to the generality of the foregoing paragraph, Kitartó Forza does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing in the Service constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial, or medical] matter you should consult an appropriate professional.

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Any information contained in the Service regarding Kitartó Forza’s product roadmap is provided for informational purposes only and represents Kitartó Forza’s current view of its innovation direction. It is not a commitment or an obligation to deliver any product or functionality. The development, release, and timing, if any, of any future innovation or product remains at Kitartó Forza’s sole discretion and may be subject to applicable fees.

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THE SERVICE ON THIS SITE IS PROVIDED “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDED HEREIN IS PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE SERVICE. KITARTÓ FORZA ASSUMES NO LIABILITY FOR YOUR USE OF THE SERVICE OR YOUR EDUCATIONAL DESIGNS OR ANY ASSISTANCE PROVIDED BY KITARTÓ FORZA. USE OF THE SERVICE PROVIDED ON THIS SITE MAY REQUIRE A LICENSE FROM KITARTÓ FORZA OR A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF KITARTÓ FORZA OR THAT THIRD PARTY.

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IN ANY EVENT, ANY SERVICE PURCHASED FROM KITARTÓ FORZA OR ITS DISTRIBUTORS IS SUBJECT TO KITARTÓ FORZA’S TERMS AND CONDITIONS OF SALE, WHICH SHOULD BE REVIEWED CAREFULLY BEFORE PLACING ANY ORDER TO PURCHASE SUCH SERVICE, AND THE MATERIALS PROVIDED IN THIS SITE DO NOT CONSTITUTE ANY WARRANTY OR REPRESENTATION ABOUT THE SUITABILITY OF THE KITARTÓ FORZA SERVICE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.

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LIMITATION OF LIABILITY. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL
COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

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OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE. IN NO EVENT SHALL KITARTÓ FORZA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR SERVICE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER KITARTÓ FORZA OR AN AUTHORIZED KITARTÓ FORZA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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INDEMNITY. You hereby indemnify Kitartó Forza and undertake to keep Kitartó Forza indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kitartó Forza to a third party in settlement of a claim or dispute on the advice of Kitartó Forza’s legal advisers) incurred or suffered by Kitartó Forza arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

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Breaches of these terms and conditions.  Without prejudice to Kitartó Forza’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Kitartó Forza may take such action as the organization deems appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.

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SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY SITES. Certain links provided herein permit you to leave the Service and enter non-Kitartó Forza sites. These linked sites are not under Kitartó Forza ‘s control. Kitartó Forza is not responsible for the contents of any linked site or any changes or updates to such sites. Kitartó Forza is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Kitartó Forza of any linked site. KITARTÓ FORZA’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY Kitartó Forza PRODUCT OR SERVICE. Linking to this site is subject to Kitartó Forza’s Linking Policy. If you would like to link to Kitartó Forza’s Site, please contact us at by visiting https://www.KitartoForza.ORG/Contact-Us to submit a request.

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CONFIDENTIALITY. You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty. To request a Client Agreement, please submit a request by visiting https://www.KitartoForza.ORG/Contact-Us.

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ASSIGNMENT. Kitartó Forza may transfer, sub-contract or otherwise deal with the organization’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

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You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

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GENERAL

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FULL AGREEMENT. You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

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EXPORT CONTROL. The exportation of the Service and related documentation is subject to compliance with: (i) the U.S. Export Administration Act, as amended, and the rules and regulations promulgated from time to time thereunder, including the Export Administration Regulations, (ii) the laws of the State of Israel, and (iii) the laws of any country or organization of nations within whose jurisdiction you operate or do business. You shall not export or re-export the Service, its related documentation, or any part thereof directly or indirectly other than in compliance with applicable export control law.

 

JURISDICTION AND GOVERNING LAW. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with the laws of the State of Florida, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Florida, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

Severability. If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

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PRIVACY POLICY. Your use of this site and the information you submit to Kitartó Forza through this site are governed by Kitartó Forza’s Privacy Policy.

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COPYRIGHT NOTICE. Copyright © 2022-2023 Kitartó Forza Non-Profit Corporation, All rights not expressly granted herein are reserved.

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CONTACT INFORMATION. All requests for further information or for permission to reproduce any portions of the Service in addition to the permission granted above should be directed to us by visiting https://www.KitartoForza.ORG/Contact-Us.

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