Date of Last Update or Revision: October 27, 2017
The Site includes content, text, information, advertising, data, audio/visual materials, “applets,” and software (collectively, “Content”), as well as communication tools, access to email services (through KGI or other email providers), online directories, administrative services, download areas, discussion forums, search, account management tools, access to certain content (e.g., news, weather, stocks and sports), certain diagnostic tools, games and other information (“Services”). The Services may themselves contain Content, and Content and Services are sometimes collectively referred to as the “Resources.”
CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP.
The information published on or through the Site includes Content that has been provided by users such as yourself, KGI, or our third party licensors or suppliers (“Third Party Licensors”). The Content provided by KGI or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. trademark and copyright laws and international treaty provisions.
The “look and feel” of the Site (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors) are also KGI’s trademarks and/or copyrights, as the case may be.
Any unauthorized use of Content accessed through the Site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Site is strictly forbidden.
The Content displayed, distributed or otherwise accessible through the Site includes information (which may include, without limitation, factual information, personal narratives, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources, including Third Party Licensors, other registered users of the Site and members of the public. KGI has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Site, please contact KGI.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. KGI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
USERNAMES, PASSWORDS AND ACCOUNT INFORMATION.
When you register for, use or set up an Account for the Site, you will be asked to provide accurate contact information and may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Site. You warrant that all information provided by you is accurate to the best of your knowledge. You further agree to receive any notices from KGI to you regarding your use of the Site and any Resources at the email or other addresses set forth in your contact information. You are obliged to notify KGI of any updates or changes to any contact or other registration information that you provide in connection with your use of the Site and the Resources.
COMMUNICATING WITH THE SITE.
You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.
RESTRICTIONS ON COMMUNICATIONS.
Violations of Site or network security may result in civil or criminal liability. KGI will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
FEEDBACK REGARDING THE SITE OR OUR BUSINESS.
You may provide suggestions, comments or other feedback on the operation of the Site or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and KGI has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although KGI will not publicly disclose the source of such feedback.
MODIFICATIONS AND UPDATES.
DISCLAIMER OF WARRANTY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.
KGI may provide through the Site links or references to Internet sites maintained by third parties, or such third-party sites may have links to the KGI Site. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by KGI. KGI does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. KGI assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
KGI DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE SITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS, OR REGISTERED AND NON-REGISTERED USERS OF THE SITE.
LIMITATION OF LIABILITY.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SITE AND YOU ACKNOWLEDGE THAT KGI SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SITE, OR COMMUNICATIONS posted to THE SITE, FOR ANY REASON WHATSOEVER.
The Site is controlled and offered from KGI’s facilities in the United States. KGI makes no representation that the Site is appropriate or available in other locations. Any access to the Site by you from jurisdictions other than the United States may be subject to compliance with local law, for which you are solely responsible.
You agree that you will cooperate as fully and reasonably as required by KGI in the defense of any claim arising out of your use of the Site. Notwithstanding the foregoing, KGI reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against KGI arising out of or related to your use of the Site, and in no event shall you settle any such claim without KGI’s prior written approval.
GOVERNING LAW AND VENUE.
You agree and acknowledge that the Site shall be deemed a passive site that shall not give rise to personal jurisdiction over KGI in any jurisdiction other than the Commonwealth of Virginia, and that the Site shall be deemed solely located in the Commonwealth of Virginia.
WAIVER OF JURY TRIAL.
NOTIFICATION OF COPYRIGHT INFRINGEMENT.
If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated Copyright Agent to receive notifications of claimed infringement, Iris Marte, at Copyright Agent, PO Box 997, King George, VA 22485 (firstname.lastname@example.org). Any personal information you provide in your notice will be used only for purposes related to your notice.
KGI COMMUNICATIONS LLC
Terms & Conditions