Terms of Use
Please read these Terms of Use carefully before using this Web site. By
using this site in any manner, you acknowledge that you have read, understood,
and agree to be bound by these Terms of Use. If you do not agree, you
should not use this site. We may change or revise this information at
any time without notice, so please visit this area each time you visit
the Web site to keep up-to-date with the current Terms of Use. We may
also, in our sole discretion, and at any time, discontinue this Web site
or any part thereof without notice.
1. Ownership and Operation
This Web site belongs to and is controlled by Kearns & Kearns.
2. Intended Geographic Scope
This Web site and its contents is controlled and operated from within
the United States of America. Access to this Web site from territories
where its content is illegal is prohibited. Those who choose to access
this Web site from outside the United States are responsible for compliance
with all local laws applicable to them with respect to the content and
operation of
this Web site.
3. Privacy
For information on how Kearns & Kearns uses and protects the personal
information you may provide on this Web site, see our Privacy Policy.
4. Intellectual Property
It is Kearns & Kearns policy to enforce its intellectual property
rights to the fullest extent of the law, including seeking criminal sanctions.
Except as otherwise noted, the trademarks, service marks, and logos (collectively,
the “trademarks”) displayed on this site are registered and
unregistered trademarks that are owned or licensed by Kearns & Kearns.
Nothing on this site should be construed as granting, by implication or
otherwise, any license or right in or to the trademarks without the express
prior written permission of Kearns & Kearns.
The entire content of this Web site, including but not limited to text,
design, graphics, interfaces, logos, trademarks, icons, images, and audio
or video clips on this Web site and the selection and arrangements thereof
is copyrighted as a collective work under United States copyright laws
and is the property of Kearns & Kearns. No part of this Web site may
be copied, reproduced, republished, posted, or distributed in any way,
except for non-commercial home use (provided you keep intact all copyright,
trademark, and other proprietary notices on the materials, e.g., “Copyright
© 2004 Kearns & Kearns. ALL RIGHTS RESERVED.”).
5. Submissions
Except for personal information we may collect from you under the guidelines
established in our Privacy Policy, all remarks, suggestions, ideas, graphics,
data, questions, or other information (including products and advertising
ideas) communicated to Kearns & Kearns through this site or through
electronic mail or otherwise will forever be the property of Kearns &
Kearns, even if these Terms of Use are later modified or terminated. This
means that you disclaim any proprietary rights in such submissions and
you acknowledge that such information will not be treated as confidential
or proprietary and may be used by Kearns & Kearns for any purpose,
including reproduction, transmission, publication, broadcast, and posting.
Additionally, by submitting an idea to us, you waive any right to compensation
of any type for that idea.
6. Links
For your convenience, this site may contain links to third party Web sites
not owned or operated by Kearns & Kearns. If you use these links,
you will leave this site. Please note that Kearns & Kearns has no
control over the content appearing on such third party sites. In addition,
while Kearns & Kearns may provide you with a link to a third party
Web site, it is understood that Kearns & Kearns does not endorse,
approve, sponsor, or support such sites. Further, Kearns & Kearns
shall not be responsible or liable, in any way whatsoever, for the content
of such third party Web site or the consequences or damages resulting
from your use thereof. Please note that the privacy policies applicable
to such thirdparty sites may differ significantly from the Kearns &
Kearns Privacy Policy. If you decide to access any of these linked third
party sites, you do so entirely at your own risk.
7. Limitation of Liability
Under no circumstances, whether due to negligence or otherwise, shall
Kearns & Kearns, including its directors, officers, employees, affiliates,
successors, or assigns be liable for any damages or injury, including
any direct, indirect, special, incidental, consequential, punitive, or
other damages, including but not limited to loss of data or profit, that
may result from the use of, or the inability to use, the Web site or any
materials in this site, arising out of or in connection with the use or
performance of the Web site or information available in the Web site.
These include, but are not limited to, damages or injury caused by error,
omission, interruption, defect, failure of performance, delay in operation
or transmission, line failure or computer virus, worm, Trojan horse, or
other harmful component. Some jurisdictions may not allow the exclusion
of liability for incidental or consequential damages. ccordingly, some
of the above limitations or exclusions may not apply to you. However,
in no event shall Kearns & Kearns’s total liability to you for
damages, losses, and/or causes of action exceed one hundred dollars ($100).
Any claim or cause of action you may have with respect to this site (including
but not limited to the purchase of Kearns & Kearns products or services)
must be commenced within one (1) year after the claim or cause of action
arises.
8. Applicable Law/Place of Jurisdiction
These Terms of Use and any disputes arising under or related to these
Terms of Use (whether for breach of contract, tortious conduct, or otherwise)
will be governed by the laws of the State of Connecticut, without reference
to its conflicts of law principles. Any legal actions, suits, or proceedings
arising out of these Terms of Use (whether for breach of contract, tortious
conduct,
or otherwise) will be brought exclusively in the state courts of Connecticut
or the appropriate United States District Court, and you hereby accept
and submit to the personal jurisdiction of these Connecticut or U.S. courts
with respect to any legal actions, suits, or proceedings arising out of
these Terms of Use. You also waive to the fullest extent permitted by
law any right to a trial by jury in any action, suit, or proceeding brought
to enforce, defend, or interpret any right or remedies under, or arising
in connection with or relating to, these Terms of Use.
9. Downloaded Software
If you download software from this Web site, the software and all files,
images, and data relating to the software are subject to the license terms
in the software license that accompanies or is provided with the software.
You do not own the downloaded software, and Kearns & Kearns does not
transfer ownership of the software to you. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce the software
to a human-perceivable form.
10. Forward-Looking Statements
This Web site may contain statements that involve Kearns & Kearns’s
intentions, expectations, or predictions. Such statements reflect the
views of Kearns & Kearns as of the date made with respect to future
events and are subject to risks and uncertainties. These statements could
be inaccurate or could become inaccurate as a result of developments occurring
after their respective dates.
Kearns & Kearns disclaims any intention or obligation to update or
revise these statements.
11. Severability/No Waiver
If any provision of these Terms of Use shall be found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions. No failure on the part of
Kearns & Kearns to enforce these Terms of Use shall constitute a waiver
of any of Kearns & Kearns’s rights under these Terms of Use
whether for past or future actions on the part of any person.
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