The Kinyons.com Web Site (the "Site") is an online information service provided
by Bert Kinyon ("Kinyons.com "), 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.
Kinyons.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 Kinyons.com,
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 Kinyons.com 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 Kinyons.com by all means and in any media now
known or hereafter developed. You also grant to Kinyons.com 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
Kinyons.com for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Kinyons.com.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of Kinyons.com. 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 Kinyons.com, Kinyons.comdoes not operate,
control or endorse any information, products or services on the Internet in
any way. Except for Kinyons.com- 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 Kinyons.com a. You also understand that Kinyons.com 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. Kinyons.com 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 Kinyons.com 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.
Kinyons.com 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. Kinyons.com HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Kinyons.com 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
Kinyons.com 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,
Kinyons.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Kinyons.com 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-Kinyons.com web site, please understand that it is
independent from Kinyons.com, and that Kinyons.com has no control over the
content on that web site. In addition, a link to a Kinyons.com web site does
not mean that Kinyons.com 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 Kinyons.com, 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 Kinyons.com 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 Kinyons.com 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.
Kinyons.com'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.
Kinyons.com 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.
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