You acknowledge that KLEINSCHMIDT cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may 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 Sites for the reconstruction of any lost data. KLEINSCHMIDT does not assume any responsibility or risk for your use of the Internet.
While KLEINSCHMIDT endeavors to keep the materials on the Sites current, information within our industry changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. The Content is not necessarily complete or up-to-date and should not be used to replace any written reports, statements, or notices provided by KLEINSCHMIDT. Users should use the Content in the same manner as any other public medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the Sites is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
In certain parts of the Sites (particularly forums and blogs), KLEINSCHMIDT permits third parties to provides advice, comments and information for informative and educational purposes in furtherance of KLEINSCHMIDT’s services. KLEINSCHMIDT may from time to time post information provided by third parties that might be of interest or benefit to the public. You acknowledge that, irrespective of postings, the opinions and recommendations of third parties contained on the Sites are not necessarily those of KLEINSCHMIDT or endorsed by KLEINSCHMIDT.
YOUR USE OF THE SITEs IS AT YOUR OWN RISK. THE SITES AND THE CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KLEINSCHMIDT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, OR NON-INFRINGEMENT . KLEINSCHMIDT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLEINSCHMIDT DOES NOT WARRANT OR MAKE ANY REPRESENTAION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KLEINSCHMIDT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. YOU, AND NOT KLEINSCHMIDT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR ITS CONTENT. KLEINSCHMIDT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Sites, and KLEINSCHMIDT does not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer, accurate or complete.
Limitation of Liability
Waiver of Liability
YOU ACKNOWLEDGE AND AGREE THAT KLEINSCHMIDT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION OR EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED), OR ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING FROM ANY ACCESS TO, USE, OPERATION OR FAILURE OF ANY AN DALL KLEINSCHMIDT SITES, OR ANY CONTENT, INFORMATION OR ANY SERVICES PROVIDED BY, THROUGH OR IN CONNECTION WITH THE SITES .YOU AGREE TO RELEASE IDEMNIFY AND HOLD HARMLESS KLEINSCHMIDT FROM AND AGAINST ANY OTHER LIABILITY INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE OF KLEINSCHMIDT.
All right, title and interest in the Sites and any content included or available on the Sites, such as advertisements, text, graphics, logos, button icons, images, audio clips, service marks, and software, is the exclusive property of KLEINSCHMIDT and/or third parties and is protected by copyrights, trademarks, or other intellectually and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of KLEINSCHMIDT and/or third parties and is protected by copyrights or other intellectual property rights. KLEINSCHMIDT and any party that provided trademarks, service marks, and logos to KLEINSCHMIDT retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Sites.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the KLEINSCHMIDT Sites are registered and unregistered Trademarks of KLEINSCHMIDT and others. Nothing contained on any KLEINSCHMIDT Sites should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the prior express written permission of KLEINSCHMIDT or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Sites is prohibited. KLEINSCHMIDT aggressively enforces its intellectual property rights, including by initiating and diligently pursuing civil and criminal actions against offenders.
Information You Provide
You agree not to post, send, submit, publish, or transmit in connection with the Sites any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to the Sites;
- threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity or privacy;
- violates any law or may be considered to violate any law;
- impersonates any person or entity, including, without limitation, one of KLEINSCHMIDT’s or other’s officers or employees or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Sites;
- solicits funds, advertisers or sponsors;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Sites;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on KLEINSCHMIDT or its licensors or suppliers’ infrastructure;
- involves the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003;
- would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations;
- involves the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
- collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you;
- attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites;
- are contrary to KLEINSCHMIDT’s public image, goodwill, reputation or business interests;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites; or
- contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Web Beacons and Cookies
KLEINSCHMIDT may use certain technology known as “Web beacons” on its Web sites to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our Web sites. KLEINSCHMIDT uses this information to improve the Web site content and performance. No individually identifiable information is collected for this purpose and KLEINSCHMIDT does not monitor individual visitor behavior. KLEINSCHMIDT may use a temporary cookie file to recognize your identity and preferences once logged in. This allows KLEINSCHMIDT to provide custom content as you move from page to page within the Web site. The cookie is deactivated when you conclude your secure session. Because this cookie is stored only in your computer’s temporary memory, it is deleted when you sign off the Web site, if you have been inactive on the Web site for more than 30 minutes, or when you close your browser software. We may also use persistent cookies to help us determine the font size selected to display the Web site. This cookie is written to your hard drive and deleted after one year. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web sites may not function properly.
Term & Termination
You further agree that the KLEINSCHMIDT shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
You will be responsible for the security of any username or password that may be issued to you by KLEINSCHMIDT or that you may acquire or obtain. Usernames and passwords will generally only be provided by KLEINSCHMIDT to representatives and agents of those persons, entities, or organizations that participate in the electronic funds transfer network operated by KLEINSCHMIDT. In any event, usernames and passwords shall be issued by KLEINSCHMIDT in KLEINSCHMIDT’s sole and absolute discretion. KLEINSCHMIDT will be entitled to monitor your username and password and, at its discretion, require you to change either or both of them. If you use a username and/or password that KLEINSCHMIDT considers insecure, KLEINSCHMIDT will be entitled to require the username and the password to be changed or KLEINSCHMIDT may terminate your account.
KLEINSCHMIDT reserves the right to share, assign or transfer the Sites (or any part thereof) and your account information to any of our affiliates or any successor in interest to our organization by merger, reorganization, or operation of law.
BY ACCEPTING THIS AGREEMENT YOUWAIVE AND HOLD HARMLESS KLEINSCHMIDT FROM ANY CLAIMS RESULTINGFROM ANY ACTION TAKEN BY KLEINSCHMIDT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KLEINSCHMIDT OR LAW ENFORCEMENT AUTHORITIES.
Notice of Claims of Intellectual Property Violations
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KLEINSCHMIDT to locate the material.
- Information reasonably sufficient to permit KLEINSCHMIDT to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- KLEINSCHMIDT’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows: