Terms of Use

KLEIN­SCHMIDT WEBSITE TERMS OF USE AGREEMENT


THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY KLEIN­SCHMIDT INC, AN ILLINOIS CORPORATION (“KLEIN­SCHMIDT”). THESE TERMS OF USE ARELEGALLY BINDING CONTRACT BETWEEN YOU AND KLEIN­SCHMIDT PERTAINING TO THE ACCESS AND USE OF THE SERVICES OFFERED, AND ALL PRODUCTS, INFORMATION, CONTENT, MEDIA, PRINTED MATERIALS AND ONLINEOR OTHER ELECTRONIC DOCU­MEN­TA­TION ACCESSIBLE FROM WWW.KLEINSCHMIDT.COM OR ANY SUB-DOMAINS THEREOF OR OTHER WEBSITES OPERATED BY OR FOR KLEIN­SCHMIDT (THE SITES”). THE SITES (OR PORTIONS THEREOF) ARE ALL OFFERED BY KLEIN­SCHMIDT TO YOU FREE OF CHARGE ON THE EXPRESS CONDITION THAT YOU ACCEPT, WITHOUT MODI­FI­CA­TION, AND ABIDE BY THESE TERMS OF USE. BY ACCESSING THE SITES, YOU ARE (I) INDICATING YOUR ACKNOWL­EDGE­MENT AND ACCEPTANCE OF THESE TERMS OF USE, AND (II) REPRE­SENTING TO KLEIN­SCHMIDT THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS OF USE AND THE KLEIN­SCHMIDT PRIVACY POLICY. THESE TERMS OF USE AND THE PRIVACY POLICY ARE SUBJECT TO CHANGE BY KLEIN­SCHMIDT AT ANY TIME IN ITS DISCRETION WITHOUT NOTICE. YOUR USE OF THE SITES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWL­EDG­MENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.


Ownership of and Access To The Sites

The Sites are published and maintained by KLEIN­SCHMIDT for your reference and information. You are welcome to browse, download from, communicate with, and otherwise use the Sites subject to the terms and conditions contained herein and all applicable laws, rules, and regulations. KLEIN­SCHMIDT retains the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time.

Restric­tions On Use

You may use the Sites for purposes expressly permitted by KLEIN­SCHMIDT, as set forth in these Terms of Use. You may not use the Sites for any other purpose, without KLEINSCHMIDT’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Sites (or any page thereof), or (ii) frame the Sites (or any page thereof), or (iii) hyper-link to the Sites (or any page thereof), without the express prior written permission of an authorized repre­sen­ta­tive of KLEIN­SCHMIDT. For purposes of these Terms of Use, co-branding” means to display a name, logo, trademark, or other means of attribution or iden­ti­fi­ca­tion of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Sites or content accessible within the Sites. You agree to cooperate with KLEIN­SCHMIDT in causing any unau­tho­rized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by KLEIN­SCHMIDT (the Content”) is the proprietary information of KLEIN­SCHMIDT or the party that provided the Content to KLEIN­SCHMIDT, and KLEIN­SCHMIDT or the party that provided the Content to KLEIN­SCHMIDT retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, reproduced, displayed, downloaded, translated, distributed, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KLEIN­SCHMIDT, except that you may print out a copy of the Content solely for your personal, non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modi­fi­ca­tion or use of the Content except as expressly provided in these Terms of Use violates KLEINSCHMIDT’s intel­lec­tual property rights. Neither title nor intel­lec­tual property rights are transferred to you by access to the Sites. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intel­lec­tual property right, including without limitation, any patent, trademark, service mark or copyright of KLEIN­SCHMIDT or any third party.

Hyper-Links

The Sites may be, from time to time, hyper-linked to other websites that are not maintained by, or related to, KLEIN­SCHMIDT. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with the Sites or KLEIN­SCHMIDT. KLEIN­SCHMIDT has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyper-links are to be accessed at the user’s own risk, and KLEIN­SCHMIDT makes no repre­sen­ta­tions or warranties about the content, complete­ness or accuracy of these hyper-links or the websites hyper-linked to the Sites. Further, the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by KLEIN­SCHMIDT of that website.

Submissions

You may post messages, text, photos, testi­mo­nials or other content on the Site via the public forums. Any content submitted to KLEIN­SCHMIDT will be treated as non-confi­den­tial and non-proprietary, You hereby grant to KLEIN­SCHMIDT the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post and display all content, remarks, suggestions, ideas, photographs, graphics, or other information commu­ni­cated to KLEIN­SCHMIDT through the Sites (together, the Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to KLEIN­SCHMIDT that you own or have the right to use and permit KLEIN­SCHMIDT to use such content in the manner stated above. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice, likeness or other personally iden­ti­fi­able information of any person other than yourself unless you first obtain permission to do so from that person. KLEIN­SCHMIDT will not be required to treat any Submission as confi­den­tial, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consid­er­a­tion of any kind, and will not incur any liability as a result of any simi­lar­i­ties that may appear in future KLEIN­SCHMIDT operations.

KLEIN­SCHMIDT understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how KLEIN­SCHMIDT may use such information. Protecting privacy is an important priority to KLEIN­SCHMIDT. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites. KLEIN­SCHMIDT will treat any personal information that you submit through the Sites in accordance with its Privacy Policy.

Site Services

Services. In furtherance of its various service offerings, KLEIN­SCHMIDT may offer from time to time certain services or features on the Sites (including without limitation, bulletin boards, message boards, blogs, chatrooms, public forums and tutorials) (collec­tively, the Services”). The following terms under these Terms Of Use pertain to your ability to use the Services made available by KLEIN­SCHMIDT on the Sites. KLEIN­SCHMIDT will permit your use of the Services free of charge on the express condition that you accept, without modi­fi­ca­tion, and abide by these Terms Of Use, only for as long as your use of the Services are in furtherance of the use of KLEINSCHMIDT’s associated offerings.

Account Set Up. Browsing of the Sites public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites will require an account to be first established and activated for you. You may sign up for an account by accessing the Sites and following the direction for setting up an account or by contact client services directly. When you request an account, a unique user name (and/​or a forum name), you will be responsible for entering a unique password and a valid email address for your account. You will be asked whether you have read these Terms Of Use and agree to abide by its terms. If you answer I agree” your account may be activated. If you answer I Do Not Agree”, your account will not be activated and you will not be permitted to access the Services online. KLEIN­SCHMIDT reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a noti­fi­ca­tion email immediate after you register and you must confirm your email address and acceptance of these Terms of Use by clicking on the confir­ma­tion link in the noti­fi­ca­tion email. Once you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each KLEIN­SCHMIDT public forum or service for which you have been registered. By making such confir­ma­tion, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.


Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unau­tho­rized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify KLEIN­SCHMIDT if your password is lost, stolen, disclosed to an unau­tho­rized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by KLEIN­SCHMIDT.

Account Require­ments. In consid­er­a­tion of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Boards & Other Public Forums. As part of your account, you may participate in certain bulletin boards, message boards, blogs, chatrooms, instant messaging and other public forums. Your partic­i­pa­tion is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confi­den­tial. You further agree that KLEIN­SCHMIDT may use the posted content in any manner that it deems necessary or appropriate. KLEIN­SCHMIDT reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. KLEIN­SCHMIDT cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objec­tion­able. Although KLEIN­SCHMIDT reserves the right to remove without notice any posting for any reason, KLEIN­SCHMIDT has no obligation to delete content that you personally may find objec­tion­able or offensive. KLEIN­SCHMIDT does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Use, KLEIN­SCHMIDT does not endorse or make any warranties or repre­sen­ta­tions with regard to the accuracy, complete­ness or timeliness or any content posted on any KLEIN­SCHMIDT public forum.

Avail­ability of Service. KLEIN­SCHMIDT reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information or content will be retained and the maximum amount of disk space that will be allotted on KLEINSCHMIDT’s servers on your behalf. Without limiting the foregoing, you agree that KLEIN­SCHMIDT shall have no respon­si­bility or liability for the deletion or failure to deliver or store your content on any other public forum, or any information, pictures, or content provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of KLEIN­SCHMIDT. You acknowledge that KLEIN­SCHMIDT reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that KLEIN­SCHMIDT shall not be liable to you or to any third party for any such modi­fi­ca­tion, suspension or discon­tin­u­ance of the Services.

Services Indem­ni­fi­ca­tion. IN ADDITION TO THE GENERAL INDEM­NI­FI­CA­TION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD KLEIN­SCHMIDT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYSFEES) INCURRED BY KLEIN­SCHMIDT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO KLEINSCHMIDT’S USE OF THE INFORMATION AND CONTENT PROVIDED FOR ANY PUBLIC FORUM, YOUR FAILURE TO ABIDE BY THESE TERMS OF USE, YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTEL­LEC­TUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME, PERSONALLY IDEN­TI­FI­ABLE INFORMATION OR CONTENT PROVIDED FOR ANY PUBLIC FORUM, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON KLEINSCHMIDT’S OWN NEGLIGENCE. IN NO EVENT SHALL KLEINSCHMIDT’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEEDMAXIMUM OF $1000.00

Disclaimer

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 FORPARTICULAR 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 REPRE­SEN­TA­TION 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

In no event and under no circum­stances shall KLEIN­SCHMIDT or the contrib­u­tors of information to the Sites or our licensors or authorized repre­sen­ta­tives be liable to you or any third party for special, incidental, punitive or conse­quen­tial damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of Content, information, products or services provided on or through the Internet, or that result from mistakes, omissions, inter­rup­tions, deletions of files or other data loss, errors, defects, delays in operation, service or trans­mis­sion or any failure of performance of the Sites, even if we, or any of our authorized repre­sen­ta­tives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Indemnity

YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS KLEIN­SCHMIDT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCON­TRAC­TORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVES­TI­GATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYSFEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIB­UT­ABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITES, THE CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SITES. YOU ACKNOWLEDGE AND AGREE THAT YOU INTEND THE INDEM­NI­FI­CA­TION PROVIDED FOR HEREIN TO INCLUDE INDEM­NI­FI­CA­TION FOR NEGLIGENCE OF KLEIN­SCHMIDT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KLEIN­SCHMIDT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCON­TRAC­TORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS OF USE, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION.

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 INVES­TI­GATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYSFEES, 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.

Trademarks/​Service Marks

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.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of KLEIN­SCHMIDT or its licensors or supplier’s content, software or infra­struc­ture, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of KLEIN­SCHMIDT or its licensors or supplier’s software or infra­struc­ture, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commer­cially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

KLEIN­SCHMIDT reserves the right to monitor use of the Sites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwith­standing these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KLEIN­SCHMIDT nor any third party that provides Content to KLEIN­SCHMIDT will assume or have any liability for any action or inaction by KLEIN­SCHMIDT or such third party with respect to any submission.

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

These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms of Use.

KLEIN­SCHMIDT may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discon­tin­u­ance or material modi­fi­ca­tion to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discon­tin­u­ance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (ix) completion of the Service in which you are partic­i­pating; and/​or (x) any other reason reasonably considered by KLEIN­SCHMIDT to be in its best interest.

Your access to the Sites or the Services also will terminate auto­mat­i­cally if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/​or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that KLEIN­SCHMIDT may immediately deactivate or delete your account and all related information, files or content in your account and/​or bar any access to such information or content by you or others. KLEIN­SCHMIDT shall not be obligated to return or provide copies of any information, files or content in your account to you upon deac­ti­va­tion.

You may deactivate your account subject to the terms in the agreement you have with KLEIN­SCHMIDT. In order for us to deactivate your account, you must provide us with written notice. You acknowledge that our entire liability and your exclusive remedy under these Terms Of Use for any dispute with us shall be your right to terminate your account in accordance with this section.

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.

Upon termination, KLEIN­SCHMIDT will have no further obligation or respon­si­bility to you with respect to the Services terminated, and you will have no further obligation or respon­si­bility to KLEIN­SCHMIDT with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, respon­si­bility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indem­ni­fi­ca­tion) shall survive the termination of your access to the Sites or the Services.

Security

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.

You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/​or accounts. The use or distri­b­u­tion of tools designed for compro­mising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KLEIN­SCHMIDT reserves the right to release your details to system admin­is­tra­tors at other websites in order to assist them in resolving security incidents. KLEIN­SCHMIDT reserves the right to investigate suspected violations of these Terms of Use.

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.

From time to time, KLEIN­SCHMIDT may be required to provide your account information or Content in response to a valid court order, subpoena, government inves­ti­ga­tion, or as otherwise required by law, or if we reasonably believe that you have committed unlawful acts or acts that may endanger the health or safety of another user or the general public. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain account information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. KLEIN­SCHMIDT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KLEIN­SCHMIDT to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KLEIN­SCHMIDT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KLEIN­SCHMIDT DURING OR ASRESULT OF ITS INVES­TI­GA­TIONS AND/OR FROM ANY ACTIONS TAKEN ASCONSEQUENCE OF INVES­TI­GA­TIONS BY EITHER KLEIN­SCHMIDT OR LAW ENFORCEMENT AUTHORITIES.

Notice of Claims of Intel­lec­tual Property Violations

The content of the Sites may include pictures, information, statements, blog or forum entries, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. KLEIN­SCHMIDT reserves the right to, but it is not obligated to, review all such materials prior to posting. KLEIN­SCHMIDT will not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide KLEINSCHMIDT’s main office (whose contact information provided below) with the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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:

By email:

legal@kleinschmidt.com

By mail:

KLEIN­SCHMIDT


Attention: KLEIN­SCHMIDT Legal


450 Lake Cook Road


Deerfield, IL 60015

By phone:

847 – 945-1000


Please provide all of the information requested above. No specific form is required to provide KLEIN­SCHMIDT with noti­fi­ca­tions of possible infringe­ment. However, it will take KLEIN­SCHMIDT longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any noti­fi­ca­tion of possible infringe­ment submitted elec­tron­i­cally with an attachment will not be received or processed.

Deac­ti­va­tion of the Sites

KLEIN­SCHMIDT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modi­fi­ca­tion, suspension or discon­tin­u­ance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate KLEIN­SCHMIDT to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Site Location

THE SITES ARE MANAGED IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA. KLEIN­SCHMIDT MAKES NO REPRE­SEN­TA­TION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. KLEIN­SCHMIDT MAKES NO REPRE­SEN­TA­TION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS

Miscel­la­neous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwith­standing any principles of conflicts of law, and the applicable laws, regulations and treaties of the United States of America. You specif­i­cally consent to personal juris­dic­tion in Illinois in connection with any dispute between you and KLEIN­SCHMIDT arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Chicago, Cook County, Illinois. You agree that the statute of limitations for any claim against KLEIN­SCHMIDT shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived. You agree that, if the terms of these Terms Of Use are not specif­i­cally enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. If any part of these Terms of Use is unlawful, void or unen­force­able, that part will be deemed severable and will not affect the validity and enforce­ability of any remaining provisions. Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder. These Terms of Use (and each supple­mental agreement referenced in or referencing these Terms Of Use found on the Sites) constitute the entire and integrated agreement among the parties relating to this subject matter. Notwith­standing the foregoing, any additional terms and conditions on the Sites will govern the items to which they pertain. KLEIN­SCHMIDT may revise these Terms of Use at any time by updating this posting.

Posted: June 182018