Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing this Website.
Effective Date: This Terms of Use Agreement was last updated on 4/15/2008.
This Terms of Use Agreement sets forth the standards of use
of the Knierim Programming Services, LLC (KPS) Website. By using the www.kps-fl.com website you (the “Member”)
agree to these terms and conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted at
www.kps-fl.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance
of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
- Description of Service
KPS is providing Member with information about products and services they
offer. Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any fees relate with
such connection.
- Disclaimer of Warranties.
The site is provided by KPS on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, KPS makes no
representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. KPS shall have no liability for
any interruptions in the use of this Website. KPS disclaims all
warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
- Limitation of Liability
KPS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
KPS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF KPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold KPS, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member, or other
user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
- Modifications and Interruption to Service
KPS reserves the right to modify or discontinue the Service with
or without notice to the Member. KPS shall not be liable to
Member or any third party should KPS exercise its right to modify
or discontinue the Service. Member acknowledges and accepts that
KPS does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside
of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or
the content located on or through, any third-party site. You should
contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy
policies of third-parties’ sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While
KPS makes every effort to ensure that the information on this website
is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
KPS makes no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that
any reliance on representations and warranties provided by any Vendor
shall be at your own risk.
- Governing Jurisdiction of the Courts (California)
Our website is operated and provided in the State of California. As such,
we are subject to the laws of the State of California, and such laws
will govern this Terms of Use, without giving effect to any choice of
law rules. We make no representation that our website or other services
are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of California.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees
not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2008 www.kps-fl.com, with all rights reserved, or is the property
of KPS and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of
an authorized officer of KPS is strictly prohibited. Members agree
that they will not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized
officer of KPS.
All other trademarks displayed on KPS’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition, such use of trademarks
or links to the web sites of Vendors is not intended to imply, directly
or indirectly, that those Vendors endorse or have any affiliation
with KPS.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, KPS designates the
the owner of KPS as its agent for receipt of notifications of
claimed copyright infringement.
- Botnets
KPS retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, KPS reserves the
right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and
any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by KPS, in our sole
discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall
not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the
use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement.
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