Terms and Conditions

Welcome to Domo. The Domo website (the “Website”) is comprised of various web pages operated by Kalele, Inc. (Kalele). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

These Terms are binding on all persons that access the Website without qualifications or exceptions. By entering the Website, the user of this Website (the “User“) agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User may not enter, view, or make use of the Website.

The owners, webmasters, and authors of Domo reserve the right to make any changes to the Website, its content and/or services offered through the Website at any time and without notice.

You may purchase a license (“Online Course License”) to access online training course videos and related materials provided by the Website. Such Online Course License purchase gives you and only you access to view the training course videos and use any related materials. You may not sell, resell, or transfer the Online Course License to any other person. You may not use any means to copy, record, or capture any portion of the video or audio of the online training course(s) or any of the related materials for which you have purchased an Online Course License. We reserved the right to revoke the Online Course License at any time.

Online application and tools license

The Website is owned by Kalele and the User acknowledges that Kalele is the proprietor of all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill, and trade secrets.

• User Account. If you use this site, you are responsible for maintaining the confidentiality of your User account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User account or password. You may not assign or otherwise transfer your User account to any other person or entity. You acknowledge that Kalele is not responsible for third party access to your User account that results from theft or misappropriation of your account. Kalele and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Kalele does not knowingly collect, either online or offline, personal information from persons under 13 years of age. If you are under 18 years of age, you may use the Website only with permission of a parent or guardian. You may terminate your User account and all Online Course Licenses at any time by emailing info@kalele.io.
• Payment for License. Some of the content on the Website may be purchased under this license. This grants you and only you access to such paid content. If Kalele does not receive payment in full, your User registration may be terminated without notice. You may request a refund for your license within 15 days of registration. Any cancellations made after 15 days of service will not qualify for a refund. Please contact us at info@kalele.io with any questions.
• Proprietary Rights. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kalele that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Kalele or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kalele content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kalele and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kalele or our licensors except as expressly authorized by these Terms.
• Unauthorized Activities. You may not produce, submit, or post defamatory or obscene comments or other material on this Website. You may not copy, capture, redirect to a third party, or resell any content or related materials on this Website for use in any way not specifically stated as permitted by the Terms or this license.
• Privacy. Your use of the Website is subject to Kalele's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Although we take every reasonable precaution, the security and confidentiality of personal information provided in any communication to Kalele by means of the Website, the Internet, or electronic mail cannot be guaranteed.
• Electronic Communications. Visiting the Website or sending emails to Kalele constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
• Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kalele AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kalele AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kalele AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kalele OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
• Limitation of Liability. Kalele shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if Kalele has been advised of such damage or loss, or such damage or loss was reasonably foreseeable. Notwithstanding anything to the contrary contained in the Terms or this license, Kalele shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with the Terms, this license, or the Website and/or its content, and whether caused by latent or patent defects in the Website, the use of the Website and content contained on the Website or otherwise.
• Indemnification. You agree to indemnify, defend and hold harmless Kalele, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Online Course License or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kalele reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kalele in asserting any available defenses.
• Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions and/or Online Course License, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions and/or Online Course License, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions and/or Online Course License. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions and/or Online Course License.
• Class Action Waiver. Any arbitration under these Terms and Conditions and/or Online Course License will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
• Termination/access restriction. Kalele reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kalele as a result of this agreement or use of the Website. Kalele’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kalele’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Kalele with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kalele with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Kalele with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
• Changes to Terms. Kalele reserves the right, in its sole discretion, to change the Terms and/or Online Course License under which the Website is offered. The most current version of the Terms and/or Online Course License will supersede all previous versions. Kalele encourages you to periodically review the Terms and/or Online Course License to stay informed of our updates.
• Jurisdiction, Venue, and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein Kalele resides or in which Kalele conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Website outside the scope of this Online Course License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this Online Course License.

Effective as of June 14, 2021