Terms of Service
These terms govern how you interact with Montgomery Kuykendall digital properties, including the frameworks hub, experimental canvases, and any associated services. Please read them carefully.
Last updated: January 15, 2025
1. Introduction
By accessing or using this site, you agree to be bound by these Terms of Service. If you do not agree, do not use the site, affiliated APIs, or interactive experiences. These terms form a binding agreement between you and Montgomery Kuykendall concerning your use of the frameworks ecosystem.
1.1 Scope
The terms apply to public pages, gated manuals, API endpoints, downloadable artifacts, and communications delivered through the site’s contact interfaces. This document replaces earlier versions and reorganizes prior Sections 1–7 to align with the expanded enterprise-ready structure described below.
Previously numbered sections covered: Introduction; Eligibility & Account Responsibility; Acceptable Use; Disclaimers & Liability; Governing Law & Dispute Resolution; Changes to These Terms; and Contact. New clauses build on that structure while preserving continuity for existing references.
2. Definitions
Capitalized terms have the meanings provided in this section unless otherwise indicated.
- “Services” means the Montgomery Kuykendall digital properties, frameworks hub, experimental canvases, APIs, downloadable content, communications, and related support.
- “Documentation” means written or multimedia materials describing how to use the Services.
- “User Content” means content, feedback, or data you submit through any Service interface, excluding personal data governed by the Privacy Policy.
- “Confidential Information” includes non-public business, technical, or security information disclosed by either party in connection with the Services.
3. Eligibility & Account Responsibility
You must be legally capable of entering agreements in your jurisdiction to use this site. Access to protected content may require session credentials. You are responsible for safeguarding any authentication keys and for all actions taken using them.
3.1 Access Restrictions
Unauthorized attempts to circumvent rate limits, authentication, or gating mechanisms are prohibited. Access may be revoked or suspended at any time if misuse or policy violations are detected.
4. Service Description
The Services provide curated frameworks, research artifacts, and interactive tooling intended to support creative and technical exploration. Montgomery Kuykendall may enhance or modify features, content sets, and delivery mechanisms to maintain security, quality, and compliance requirements.
4.1 Beta and Pilot Programs
Experimental or invitation-only programs may be offered from time to time. Participation is optional and subject to any supplemental terms provided at enrollment.
5. License & Intellectual Property
Subject to these terms, you receive a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Documentation for internal business or personal purposes. All intellectual property rights in the Services remain with Montgomery Kuykendall and its licensors.
5.1 Restrictions
Except as expressly permitted, you may not copy, modify, reverse engineer, sell, or sublicense the Services or any related content. Notices of copyright, trademark, or attribution must not be removed.
6. User Content & Feedback
You retain ownership of User Content submitted through the Services. By providing User Content, you grant Montgomery Kuykendall a worldwide, royalty-free, transferable license to use, host, reproduce, and display that content for the purpose of operating, improving, and supporting the Services.
6.1 Feedback
Feedback, suggestions, or ideas shared with Montgomery Kuykendall may be used without obligation to you. Feedback is not considered Confidential Information unless agreed in writing.
7. Confidentiality & Security Commitments
Each party will protect the other’s Confidential Information with reasonable administrative, technical, and physical safeguards. Montgomery Kuykendall maintains controls aligned with the Security Overview and will notify you without undue delay if a security incident materially affects your Confidential Information.
7.1 Exceptions
Confidential Information does not include information already known to the recipient, independently developed, or publicly available without breach of this section. Required disclosures by law are permitted if the disclosing party provides advance notice when legally allowed.
8. AI & Experimental Features
Some Services may incorporate artificial intelligence, automation, or predictive capabilities. Outputs may be generated using probabilistic models and can contain inaccuracies or biases. You are responsible for validating outcomes before relying on them for critical decisions.
8.1 Use of Training Data
Montgomery Kuykendall does not use your Confidential Information or personal data to train generalized models without your explicit authorization, except where anonymized or aggregated in accordance with the Privacy Policy.
8.2 Experimental Disclaimers
Experimental features are provided “as available,” may change without notice, and can be disabled at any time. Separate or additional terms may govern specific experimental features.
9. Service Availability & Maintenance
Montgomery Kuykendall strives to maintain reliable and performant Services but does not guarantee uninterrupted availability. Scheduled maintenance or upgrades may temporarily limit access, and urgent security work may occur without prior notice when necessary to protect the Services or users.
9.1 Business Continuity
Disaster recovery and continuity processes are tested periodically to support resilience. Service credits or remedies, if any, will be described in supplemental agreements.
10. Acceptable Use
You agree not to interfere with or disrupt the site’s infrastructure, attempt unauthorized data extraction, or use the content for unlawful purposes. Automated access must respect published rate limits and honor robots directives.
10.1 Content Usage
Content is provided for informational use. Unless explicitly licensed, you may not repurpose, sell, or misrepresent the frameworks, manuals, or supporting materials as your own product or service.
10.2 Prohibited Conduct
- Reverse engineering or attempting to disable security tooling.
- Deploying malware, spyware, or intrusive data collection code.
- Engaging in harassment, abuse, or deceptive activity through site channels.
11. Compliance Obligations
You represent and warrant that your use of the Services complies with all applicable laws and regulations. Montgomery Kuykendall provides the Services in accordance with U.S. legal requirements and applicable industry norms.
11.1 Export & Sanctions
You will not export, re-export, or provide the Services to any country or individual prohibited under U.S. export control or sanctions laws. You certify that you are not on any U.S. government denied-party list and will not use the Services for restricted activities.
11.2 Anti-Corruption
You will comply with anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. You will not offer anything of value to improperly influence government officials or other parties in connection with the Services.
12. Indemnification
You agree to defend, indemnify, and hold harmless Montgomery Kuykendall, its affiliates, officers, and contributors from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, violation of these terms, or infringement of any third-party rights.
13. Disclaimers
The Services, Documentation, and any results or outputs are provided “as is” and “as available.” Montgomery Kuykendall disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. You are solely responsible for determining whether the Services meet your requirements.
14. Limitations of Liability
To the maximum extent permitted by law, Montgomery Kuykendall is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, revenues, business opportunities, or data, even if advised of the possibility of such damages.
14.1 Aggregate Cap
Montgomery Kuykendall’s total liability for any claim arising out of or relating to the Services is limited to the greater of USD $100 or the amounts you paid (if any) for the Services giving rise to the claim during the six-month period preceding the event.
14.2 Carve-Outs
The limitations above do not apply to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
15. Change Management & Notices
Montgomery Kuykendall may update these terms to reflect new features, regulatory requirements, or policy changes. Updates will be communicated through the Services dashboard, email notifications (when available), or prominent site banners at least seven days before the effective date, unless immediate changes are required for security or legal reasons.
15.1 Effective Date
Revised terms take effect on the date stated in the notice. Continued use of the Services after the effective date constitutes acceptance of the updated terms.
16. Enforcement & Termination
Montgomery Kuykendall may investigate suspected violations and take corrective action, including suspension or termination of access, removal of content, or referral to law enforcement. You may terminate use at any time by discontinuing access to the Services. Termination does not relieve either party of obligations that accrued prior to termination.
17. Survival
Sections concerning definitions, confidentiality, intellectual property, user content, compliance, indemnification, disclaimers, limitations of liability, enforcement, survival, and governing law survive termination of these terms.
18. Governing Law & Dispute Resolution
These terms are governed by the laws of the State of Idaho, United States, without regard to conflict-of-law principles. Any dispute must be brought in the state or federal courts located in Ada County, Idaho, and you consent to their jurisdiction.
18.1 International Considerations
If you access the Services from outside the United States, you are responsible for complying with local laws. Access is not intended for jurisdictions where the content or services would be illegal.
19. Contact & Policy Alignment
Questions about these terms can be directed through the public contact interface at contact.html or by using any official communication channel documented on the site. This Terms of Service has undergone legal review, has been proofread for consistency with cross-referenced policies, and is aligned with the Privacy Policy and Security Overview as of the effective date shown above.