PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND CONTENT OBTAINED THROUGH THIS WEBSITE MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS HEREIN.
This website is owned and operated by KPSS, ("KPSS") which owns, controls or has legal permission to license all the Content and material on this website. If you do not agree with the terms and conditions herein you should leave this website immediately, not use the files included, and/or not subscribe to this site.
TERMS AND CONDITIONS
1. Member may use the KPSS Content based on the EMAIL ADDRESS used during the Member sign-up process. Any Content downloaded by you from the KPSS web site is licensed for your individual usage only. Member may not sublicense or otherwise make the Content available to others for their use. The Content downloaded by you may not be utilized on more than one computer owned by Member at the same time, by any non-member, or on any network server unless a network version has been purchased from KPSS. Member may not use the KPSS trademark, or KPSS copyrighted materials except as may be set forth in this license.
2. Members may copy the Content in machine readable form onto another diskette for "backup" purposes only, however, no more than two backup copies (including the original diskette if the content was transferred to a hard disk) may be made and only for this purpose, and provided that Member agrees to replicate the copyright notice shown below on any such copies; and
For the purposes of this Agreement, "Content" shall mean any material downloaded, including without limitation, any files, images, programs, tools, data, or any other items available on this e-commerce website, to include, but not be limited to, trademarked and copyrighted materials. Member may not use the Custom Program for resale or re-engineering purposes.
Member hereby acknowledges that the Content is and shall remain the property of KPSS and that, except as expressly provided for in this Agreement, no right is granted to Member to (i) copy, print or transfer all or any part of the Content, (ii) modify the Content or merge or utilize all or any part of the Content with or into any other computer program, or (iii) redistribute, sell, compile, reverse compile, disassemble or otherwise reduce the Content to a machine or human readable form for any reason whatsoever.
COPYRIGHT AND NOTICE
THE CONTENT AND WEB SITE ARE COPYRIGHTED BY AND BELONG TO KPSS ("KPSS") AND EXCEPT AS PERMITTED BY THIS AGREEMENT, MEMBER MAY NOT DUPLICATE THE CONTENT. MEMBER SHALL NOT ALTER OR REMOVE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICES OF KPSS ON, STATED IN OR AFFIXED TO THE CONTENT, OR ON ANY DISKETTES, COVERS OR OTHER PACKAGING MATERIAL CONTAINING THIS CUSTOM PROGRAM OR DOCUMENTATION.
This Agreement and the rights granted in this Agreement are effective until terminated. Member may terminate this Agreement voluntarily at any time or by not renewing this annual agreement. If Member transfers possession of any Content without the express written consent of KPSS or otherwise fails to abide by the terms hereof, this Agreement shall be automatically terminated and Member shall immediately forfeit any right to the continued utilization of the website. Member does hereby authorize KPSS to deny Member access to the website in the event of Member's unauthorized use or disclosure of any Content, and Member does hereby agree to indemnify and hold harmless KPSS from any and all costs, expenses, claims, losses, causes of action, judgments, and/or awards arising from and/or in connection with Member's breach of this Agreement, including all reasonable attorney's fees, interest, court costs and consequential and incidental damages. The revocation of this Agreement pursuant to these terms shall not result in the refund of any monies paid by Member.
When used as directed, KPSS warrants to Member that for a period of ninety (90) days from the date of its delivery, (i) the Custom Program will perform substantially in accordance with the specifications stated, and (ii) any downloaded software is free of any virus or the diskette media is free from defects in materials and workmanship. KPSS's entire liability and Member's exclusive remedy shall be, with respect to the warranty above at the option of KPSS either, (a) a return of the Membership fee paid, or (b) correction of any errors or bugs identified to KPSS to bring the Content in substantial conformity with the specifications. Any such claim or return should be made to KPSS at the address noted above, together with written notification of the defect or error. This warranty gives you specific legal rights, however, you may also have other rights which vary from state to state.
DISCLAIMER OF OTHER WARRANTIES
EXCEPT AS PROVIDED ABOVE, KPSS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH KPSS HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON KPSS'S LIABILITY
IN NO EVENT SHALL KPSS BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT, INCLUDING, WITHOUT LIMITS, LOST PROFITS OR REVENUES, EVEN IF KPSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by an authorized officer of KPSS, or such as may be published on this website by KPSS.
LINKS TO THIRD PARTY SITES
KPSS provides links to third-party sites as a convenience to its Members. KPSS does not control these third-party sites and therefore is not responsible for these sites. Any transaction entered into between the Member and one of these sites is the member's sole decision and risk.
No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver by KPSS, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of Georgia. Member does hereby consent to the exclusive jurisdiction and venue of the federal and state courts in Atlanta, Georgia for resolution of any dispute arising from and/or in connection with this Agreement.