LEGAL TERMS AND CONDITIONS
Please read these terms and conditions carefully. These terms and conditions apply to the use of this Web site and to the use of any information, software, function, graphics, artwork and any other material contained on this Web site (collectively referred to as “contents”).
By using this Web site and its contents, you (“you” or “the user”) agree to abide by these terms and conditions and any changes that KruseCom and/or its affiliates (collectively referred to as “KruseCom”) may publish from time to time. If you do not agree with these terms and conditions, do not access this Web site or any pages thereof.
Intellectual Property and Copyright by KruseCom
Title to and all intellectual property rights in the Web site and its contents remain in KruseCom, unless otherwise expressly indicated. This Web site and/or its contents may include information, software and other tools, which are the proprietary property of others or which are public or works of the government. KruseCom is using such information, software and other tools with permission and authority from the owners of such proprietary rights when required.
Trademarks and Service Marks
The trademarks, service marks and logos contained on this site and its contents are service marks or trademarks of KruseCom, except as otherwise noted. KruseCom may also claim trademark or service mark rights in other product names, business names, logos, slogans and other marks contained on this Web site and its Contents. You may not in any way use any KruseCom marks without first obtain our express written permission. The names of actual companies and products mentioned herein may be the trademarks or service marks of their respective owners.
Use of Website and Website Materials
When using particular information, materials and/or services on this Web site, you will be subject to any posted guidelines or notes applicable to such services or materials that may contain terms and conditions in addition to these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
This Web site and its contents are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce, republish or distribute this Web site or its contents in any way (whether electronically or otherwise) or create other works based on it, unless expressly authorized by these Terms and Conditions, the express provisions on this Web site, our prior written consent or applicable law. Copies made incidentally in the ordinary course of your personal, non-commercial use of this Web site and a reasonable number of printed copies for such use are permitted, provided that you do not modify or alter the material in any way and you do not delete or change any copyright, trademark or other notices.
You may not use the information or material on this Web site for any unlawful purpose.
Termination and Remedies
If you breach any of these Terms and Conditions, your authorization to use this Web site automatically terminates and you must immediately destroy any materials obtained from this site. KruseCom may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this Web site, and to prevent access to users who violate these Terms and Conditions. You agree that we would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that specific and injunctive or other equitable relief is the appropriate remedy for such a breach.
Modifications and Changes
We may make changes to the Web site and its contents, including our products and/or services and these Terms and Conditions, at any time without notice to you. Your use of this Web site at any time indicates your agreement with the Terms and Conditions posted on this site at the time of such use.
Although we attempt to keep this Web site and its contents accurate, complete and current, the site may contain technical or other mistakes, inaccuracies or typographical errors. The information and materials on this Web site may be out of date, and we make no commitment to update this Web site or its Contents. It is your responsibility to verify any information before relying on it.
Availability of Website and Content, Including Products and Services
This Web site is controlled, operated and administered by KruseCom from its offices within the United States of America. If you access this Web site from a location outside of the United States, you are responsible for compliance with all local laws.
Not all products and services are available in all geographic areas. Your eligibility for particular products and/or services may be subject to final determination and acceptance by KruseCom.
References to any specific commercial product, process, service or publication by trade name, trademark, service mark, manufacturer or otherwise are provided for general information purposes only and do not constitute a warranty, endorsement, recommendation or favoring by KruseCom. KruseCom makes no warranty of any kind with respect to the subject matter or products listed herein or the completeness, accuracy or reliability of the information.
Links to Third Party Sites
KruseCom may establish links between this Web site and one or more Web sites operated by third parties, and we are providing these links only as a convenience to you. Such links allow you to leave our Web site and are not under our control. Access to any other Web site linked to this Web site is at your own risk. We have not investigated, verified, monitored or tested the accuracy, reliability or completeness of any information, data, opinions, advice, statements, software, products or services found on or contained in these linked sites or any change or updates to such sites and therefore do not make any representations whatsoever with respect thereto. The inclusion of a link to another Web site does not constitute an approval, endorsement, authorization, sponsorship or affiliation by us with respect to such site, its owners or its providers.
Some areas of this Web site may require you to become a member. When and if you register to become a member, you agree to: (1) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address); and (2) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your right to use this Web site.
Use and Protection of Account Numbers, User IDs and Passwords
We may refuse to grant you a User ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights laws, is vulgar or otherwise is offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT NUMBER(S), USER IDS AND/OR PASSWORDS, AS APPLICABLE. YOU ARE RESPONSIBLE FOR DAMAGES RESULTING FROM ALL USES OF YOUR ACCOUNT NUMBER(S), USER ID AND/OR PASSWORD, WHETHER OR NOT ACTUALLY OR EXPRESSLY AUTHORIZED BY YOU, UNLESS ACCESS TO YOUR ACCOUNT NUMBER(S), ACCOUNT NAME, USER ID AND/OR PASSWORD WAS OBTAINED THROUGH NO FAULT OR NEGLIGENCE ON YOUR PART. You will immediately notify us of any unauthorized use of your User ID, or password or any other breach of security.
Not Legal, Accounting or Other Professional Advice
The information contained on this Web site is not intended to constitute and should not be considered as legal, accounting or other professional advice, nor is it intended to substitute for obtaining such advice. If legal, accounting or other professional advice or assistance is needed, the services of a competent, independent legal counsel, accountant or other professional in the relevant jurisdiction should be sought. Users should note that the regulatory regime in offshore jurisdictions, including investor protection and compensation arrangements, might well be different from their home jurisdiction.
Use of Examples
The example companies, organizations, products, services, persons and events depicted herein are intended to be fictitious, and no association with any real company, organization, product, service, person or event is intended to or should be inferred.
Other Third Party Information
The information contained in any article or graph contained elsewhere on this Web site is based on sources that we believe to be reliable, but no representation is made as to its accuracy, reliability or completeness.
KruseCom LLC (and to the extent there may now be or are in the future), its affiliates and subsidiaries are Equal Opportunity Employers.
ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THIS WEB SITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” KRUSECOM MAKES NO REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THIS WEB SITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
AS A CONDITION TO KRUSECOM PROVIDING THIS WEB SITE AND ITS CONTENTS, THE USER AGREES THAT IN NO EVENT SHALL KRUSECOM BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THIS WEB SITE OR ANY WEB SITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF KRUSECOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL KRUSECOM’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, BE MORE THAN THE TOTAL AMOUNT OF ANY MONEY KRUSECOM RECEIVES FROM YOU FOR LICENSE FEES, UPDATE FEES AND OTHER FEES AND CHARGES COLLECTED PURSUANT TO YOUR AUTHORIZED USE OF THIS WEB SITE AND/OR ITS CONTENTS.
Indemnification by User
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KRUSECOM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDER TO US FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
These Terms and Conditions shall be subject to any other agreements you have entered into with KruseCom and, except, as expressly set forth herein, in the event of a conflict, the terms of those agreements will govern.
Any waiver of or failure to enforce any right under or term or provision of these Terms and Conditions by KruseCom shall not be deemed to be a waiver of such right or any other right, term or provision of these Terms and Conditions at any time.
In the event that any portion of these Terms and Conditions shall be determined to be unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall not be impaired, affected or invalidated, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or condition.
Governing Law and Venue
Use of this Web site will be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regard to conflict of law principles. You and KruseCom also agree that all legal proceedings, whether at law or in equity, related to this Web site and/or its contents shall be filed in and adjudicated solely in the state or federal courts located in Palm Beach County, Florida. You further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such matters.