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*** Terms of Service ***
Please read and abide by the
terms and conditions as set forth in this agreement. Your
use of this website constitutes your agreement to these
terms and conditions.
K C Consultants Web Site
Agreement
The K C Consultants Web Site (the "Site") is
an online information service provided by K C Consultants
subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
XSiteProToolkit.com MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are K C Consultants, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to K C Consultants a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to
K C Consultants by all means and in any media now known or
hereafter developed. You also grant to Kokopelli,
LLC the right to use your name in connection with the
submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no
recourse against K C Consultants for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to K C Consultants.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
K C Consultants. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by Kokopelli,
LLC, K C Consultants does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for K C Consultants - identified information, products or
services, all information, products and services offered
through the Site or on the Internet generally are offered by
third parties, that are not affiliated with XSiteProToolkit.com
a. You also understand that K C Consultants cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. K C Consultants
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND K C Consultants SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. K C Consultants DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. K C Consultants HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL K C Consultants BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF K C Consultants OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, K C Consultants LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
K C Consultants makes no representations whatsoever about any
other web site which you may access through this one or which
may link to this Site. When you access a non-K C Consultants web
site, please understand that it is independent from Kokopelli,
LLC, and that K C Consultants has no control over the content on
that web site. In addition, a link to a K C Consultants web site
does not mean that K C Consultants endorses or accepts any
responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Kokopelli,
LLC, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of K C Consultants and its
officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each
of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United States
of America applicable to agreements made and to be performed
in The United States of America. You agree that any legal
action or proceeding between K C Consultants and you for any
purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
The United States of America . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
K C Consultants's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement.
K C Consultants may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Guarantees & Refunds
We strive to represent the products offered
so as to provide adequate information for you to determine
the merchantability for your purpose. Since this is a
digital product and is virtually non-returnable, there are
no refunds offered. If you feel that the products offered on
this site may not be suitable for your purpose, we suggest
that you submit an information request to our support
department to help you determine whether or not these
products will fill your need.
Questions? Comments? Contact Support
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