TERMS AND CONDITIONS OF USE.
Welcome to our website. This site is maintained as a service
to our customers. By using this site, you agree to comply
with and be bound by the following terms and conditions of
use.
Please review these terms and conditions carefully. If you
do not agree to these terms and conditions, you should not
use this site.
- Agreement.
This Agreement (the “Agreement'”) specifies the Terms and
Conditions for access to and use of the Ken Sar
web site (the “Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This
Agreement may be modified at any time by Ken Sar
upon posting of the modified agreement. Any such
modifications shall be effective immediately. You can view
the most recent version of these terms at any time from the
Site. Each use by you shall constitute and be deemed your
unconditional acceptance of this Agreement.
- Intellectual Property Ownership.
(a) Our Content.
All content included on this site is and shall continue to
be the property of Ken Sar
or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of
any such content or any part of the Site is prohibited
without express permission by Ken Sar. Under
no circumstances will you acquire any ownership rights or
other interest in any content by or through your use of this
site. WP Magic Page is the trademark or registered
trademark of Ken Sar. Other product and
company names mentioned on this Site may be trademarks of
their respective owners.
(b) User Supplied Content.
By accessing our forum, bulletin board, chat room, or any
other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a
perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post,
publish, transmit, distribute, create derivative works based
upon, create translations of, modify, amend, enhance,
change, display and publicly perform such materials in any
form or media, whether now known or later discovered. You
also grant to others who access the forum, bulletin board,
chat room or any other user interactive area of our site a
perpetual, non-revocable, royalty free license to view,
download, store and reproduce your postings but such license
is limited to the personal use and enjoyment of such other
party.
(c) Personal Use. Ken Sar grants you a limited,
revocable, nonexclusive license to use this site solely for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You
agree not to copy materials on the site, reverse engineer or break into
the site, or use materials, products or services in violation of any
law. The use of this website is at the discretion of
Ken Sar, and Ken Sar may terminate your use
of this website at any time.
(d) Other Uses.
All other use of Content from the Site, including, but not limited to
uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from, distribution,
performance, display, incorporation into another web site, reproducing
the Site (whether by linking, framing or any other method), or in any
other way exploiting any of the Content, in whole or in part, is
strictly prohibited without prior express written consent from
Ken Sar .
- Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON
THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Ken Sar
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND
ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND
EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE
TO DISCONTINUE USING THE SITE. FURTHERMORE, Ken Sar
DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED,
AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ken Sar
, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE.
USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM
THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Ken Sar
SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD
PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH Ken Sar
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY
SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY
OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF Ken Sar HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented
in this Website is intended to be for your educational and
entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and
seek the advice your own personal professional advisors,
such as your attorney and your accountant.
Where income figures are mentioned (if any), those income
figures are anecdotal information passed on to us concerning
the results achieved by the individual sharing the
information. We have performed no independent verification
of the statements made by those individuals. Please do not
assume that you will make those same income figures.
Please do not construe any statement in this website as a
claim or representation of average earnings. There are NO
average earnings. Testimonials and statements of individuals
are not to be construed as claims or representations of
average earnings. We cannot, do not, and will not make any
claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual
to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will
devote to the endeavor.
Please perform your own due diligence before embarking on
any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for
everyone. If you use capital, only "risk" capital should be
used.
There is no guarantee that you will earn any money using any
of the ideas presented in our in materials. Examples in our
materials are not to be interpreted as a promise or
guarantee of earnings. Many factors will be important in
determining your actual results and no guarantees are made
that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any
result at all from the ideas in our material.
You agree that we will not share in your success, nor will
we be responsible for your failure or for your actions in
any endeavor you may undertake.
Please understand that past performance cannot be an
indication of possible future results.
Materials in our product and our website may contain
information that includes or is based upon forward-looking
statements within the meaning of the securities litigation
reform act of 1995. Forward-looking statements give our
expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate
strictly to historical or current facts. They use words such
as “anticipate,” “estimate,” “expect,” “project,” “intend,”
“plan,” “believe,” and other words and terms of similar
meaning in connection with a description of potential
earnings or financial performance. Any and all forward
looking statements in our materials are intended to express
our opinion of earnings potential. They are opinions only
and should not be relied upon as fact.
- Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area of
our site, and gain access to the materials contained thereon at your own
risk.
(b) No Monitoring. We do not monitor or screen communications on our
forum, bulletin board, chat room, or any other user interactive area of
our site and we are not responsible for any material that any of our
forum, bulletin board, chat room, or any other user interactive area of
our site participant posts and we do not assume the responsibility to do
so. In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or any
other user interactive area of our site is contrary to these terms, we
may, but are not obligated to, investigate the situation and determine
in our own discretion, whether to remove such communication from our
forum, bulletin board, chat room, or any other user interactive area of
our site. We have no liability or responsibility to investigate or
remove any content from our forum, bulletin board, chat room, or any
other user interactive area of our site based upon a complaint or
otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room, or
any other user interactive area of our site. You agree and acknowledge
that you assume the risk of any actions you take in reliance upon the
information that may be contained in our forum, bulletin board, chat
room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site. Any
opinions or views expressed by our forum, bulletin board, chat room, or
any other user interactive area of our site participants are their own.
We do not endorse or support or otherwise give any credence or reason
for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely upon
these statements. You agree that you will not take any action directed
towards attempting to hold us responsible for any such materials or
statements.
(f) Removal of Material. As a participant in our forum, bulletin
board, chat room, or any other user interactive area of our site, you
agree that we may remove any materials from our forum, bulletin board,
chat room, or any other user interactive area of our site for any
reason, in our sole discretion, or for no reason at all. This includes
material which is disruptive, abusive, offensive, illegal, vulgar,
pornographic, or any other material. You hold us harmless from and
against any damage you or others may suffer as a result of our removal
of any content from our forum, bulletin board, chat room, or any other
user interactive area of our site or from the discontinuance of our
forum, bulletin board, chat room, or any other user interactive area of
our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify
any party from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site for any time
and for any reason, or for no reason whatsoever, in our sole and
absolute discretion. This includes, but is not limited to any violation
of this agreement, disruptive behavior, complaints from other parties,
any allegedly illegal activity, or for any other reason or for no reason
at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes
of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions. You agree that you will not
- use our forum, bulletin board, chat room, or any other user
interactive area of our site for any illegal purpose,
- place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other rights of
any other party,
- place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that contains a false statement
about any person, infringes upon the privacy rights of any other person,
or threatens, harasses, abuses or embarrasses any other person,
- place any obscene, pornographic, sexually explicit or violent
materials, graphics, photographs, text or otherwise in our forum,
bulletin board, chat room, or any other user interactive area of our
site,
- place any advertising, attempted business solicitation, marketing
materials or sales promotional materials in our forum, bulletin board,
chat room, or any other user interactive area of our site,
- pretend to be another person that you are not,
- place materials in our forum, bulletin board, chat room, or any
other user interactive area of our site that are disruptive or
off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third parties
arising from your participation, use or conduct in our forum, bulletin
board, chat room, or any other user interactive area of our site.
- Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data
mining, scraping, crawling, email harvesting or using any process or
processes that send automated queries to the [Name of website operator]
Web site. You may not use the
Ken Sar Web site to compile a collection of listings,
including a competing listing product or service. You may not use the
Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This
website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable
laws regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best of your
knowledge.
(d) Indemnification. You agree to indemnify, defend and hold [name of
website operator] and our partners, employees, and affiliates, harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of
the Site.
(e) Privacy. Your visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at
http://imcheckout.com/wpmagicpage/?action=privacy.
Ken Sar reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
(f) DMCA Notice. If you believe your work has been copied in a way
that constitutes copyright infringement, please provide a notice
containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed;
- A description of where the material that you claim is infringing is
located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and
- A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is _________________, who can be
reached as follows:
By Mail: _________________
By Phone: _________________
By e-mail: _________________
(g) Applicable Law. You agree that the laws of the state
of _________________, without regard to conflicts of laws
provisions will govern these Terms and Condition of Use and
any dispute that may arise between you and
Ken Sar, or its affiliates. Venue shall be in
[name of county].
(h) Arbitration. As part of the consideration that Ken Sar
requires for viewing, using or interacting with this
website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to
this website. Arbitration shall be conducted pursuant to the
rules of the American Arbitration Association which are in
effect on the date a dispute is submitted to the American
Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms
are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605.
Hearing will take place in the city or county of
_________________. In no case shall you have the right to go
to court or have a jury trial. You will not have the
right to engage in pre-trial discovery except as provided in
the rules; you will not have the right to participate as a
representative or member of any class of claimants
pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited
rights of appeal. The prevailing party shall be reimbursed
by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection
fees, investigation fees, and travel expenses.
(i) Severability. If any provision of this Agreement
shall be adjudged by any court of competent jurisdiction to
be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect.
(j) Termination. Ken Sar may terminate this
Agreement at any time, with or without notice, for any
reason.
(k) Contact Information.
HOW TO CONTACT US:
Ken Sar
[address]
[phone number]
[e-mail address]
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