Terms
of Use Statement
AGREEMENT BETWEEN USER AND KenClarkOnline.com
The KenClarkOnline.com Web Site is comprised of various Web pages operated
by KenClarkOnline.com.
The KenClarkOnline.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the KenClarkOnline.com Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
KenClarkOnline.com reserves the right to change the terms, conditions, and
notices under which the KenClarkOnline.com Web Site is offered, including but
not limited to the charges associated with the use of the KenClarkOnline.com
Web Site.
LINKS TO THIRD PARTY SITES
The KenClarkOnline.com Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of KenClarkOnline.com
and KenClarkOnline.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. KenClarkOnline.com is not responsible
for webcasting or any other form of transmission received from any Linked
Site. KenClarkOnline.com is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by KenClarkOnline.com
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the KenClarkOnline.com Web Site, you warrant
to KenClarkOnline.com that you will not use the KenClarkOnline.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the KenClarkOnline.com Web Site in any manner which
could damage, disable, overburden, or impair the KenClarkOnline.com Web Site
or interfere with any other party's use and enjoyment of the KenClarkOnline.com
Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the KenClarkOnline.com Web Sites.
USE OF COMMUNICATION SERVICES
The KenClarkOnline.com Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
* Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
* Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
* Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
* Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication
Services.
* Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
* Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
* Violate any applicable laws or regulations.
KenClarkOnline.com has no obligation to monitor the Communication Services.
However, KenClarkOnline.com reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
KenClarkOnline.com reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason
whatsoever.
KenClarkOnline.com reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in KenClarkOnline.com's sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. KenClarkOnline.com
does not control or endorse the content, messages or information found
in any Communication Service and, therefore, KenClarkOnline.com specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized KenClarkOnline.com spokespersons, and
their views do not necessarily reflect those of KenClarkOnline.com.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO KenClarkOnline.com OR POSTED AT ANY KenClarkOnline.com WEB
SITE
KenClarkOnline.com does not claim ownership of the materials you provide to
KenClarkOnline.com (including feedback and suggestions) or post, upload, input
or submit to any KenClarkOnline.com Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting KenClarkOnline.com,
its affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. KenClarkOnline.com is under no obligation to post or use
any Submission you may provide and may remove any Submission at any
time in KenClarkOnline.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE KenClarkOnline.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KenClarkOnline.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE KenClarkOnline.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KenClarkOnline.com
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
KenClarkOnline.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE KenClarkOnline.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. KenClarkOnline.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
KenClarkOnline.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE KenClarkOnline.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
KenClarkOnline.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE KenClarkOnline.com WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE KenClarkOnline.com WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KenClarkOnline.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE KenClarkOnline.com WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KenClarkOnline.com WEB SITE.
SERVICE CONTACT : admin( at )slmarketer.com
TERMINATION/ACCESS RESTRICTION
KenClarkOnline.com reserves the right, in its sole discretion, to terminate
your access to the KenClarkOnline.com Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the KenClarkOnline.com
Web Site. Use of the KenClarkOnline.com Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and KenClarkOnline.com as a result of this agreement or use of the KenClarkOnline.com
Web Site. KenClarkOnline.com's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of KenClarkOnline.com's right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the KenClarkOnline.com Web Site or information provided to or gathered
by KenClarkOnline.com with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and KenClarkOnline.com with respect to the KenClarkOnline.com Web Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and KenClarkOnline.com
with respect to the KenClarkOnline.com Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the KenClarkOnline.com Web Site are:
Copyright 2007-8 KenClarkOnline.com, UGC and Clark P&M and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law
should be sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
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