Network User Agreement
KPett.com Network (the "Network")
is an online information service provided by
Kriss Pettersen, subject to your compliance with
the terms and conditions set forth below.
accessing or using the Network you agree to be
bound by the terms and conditions set forth
herein. If you do not wish to be bound by these
terms and conditions, you may not access or use
may modify this agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified agreement on the Network.
agree to review the agreement periodically to be
aware of such modifications and your continued
access or use of the Network shall be deemed your
conclusive acceptance of the modified agreement.
Licenses and Idea Submissions
The entire contents of the Network
are protected by international copyright and
trademark laws. The owner of the copyrights and
trademarks are Kriss Pettersen, KPett.com and its affiliates or
other third party licensors. You may not modify,
copy, reproduce, republish, upload, post, transmit or
distribute, in any manner, the material on this
Network without the express written permission of
Kriss Pettersen. You may print and download portions
of material from the different areas of the Network
solely for your own non-commercial use provided that
you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to
grant to KPett.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly
display and publicly perform any materials and other
information you submit to any areas of the Network.
You also grant to KPett.com the right to use
your name in connection with the submitted materials
and other information as well as in connection with
all advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against Kriss Pettersen or KPett.com for any alleged or
actual infringement or misappropriation of any
proprietary right in your communications to
KPett.com and its publications,
products, content or services are the exclusive
trademarks or servicemarks of Kriss Pettersen. Other
product and company names mentioned on the Network
may be the trademarks of their respective owners.
Use of the Site
You understand that, except for
information, products or services clearly identified
as being supplied by KPett.com, KPett.com
does not operate, control or endorse any information,
products or services on the internet in any way.
Except for KPett.com-identified information,
products or services, all information, products and
services offered through the Network or on the
internet generally are offered by third parties that
are not affiliated with KPett.com. You assume
total responsibility and risk for your use of the
Network and the internet. KPett.com provides
the site and related information "as is"
and does not make any express or implied warranties,
representations or endorsements whatsoever with
regard to the service, any merchandise information or
service provided through the Network or on the
internet generally, and KPett.com shall not be
liable for any cost or damage arising either directly
or indirectly from any such transaction. It is solely
your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice,
services, merchandise and other information provided
through the Network or on the internet.
KPett.com does not warrant that the service
will be uninterrupted or error-free or that defects
in the service will be corrected. You understand
further that the internet contains unedited
materials, some of which may be offensive to you. You
access such materials at your own risk.
KPett.com has no control over and accepts no
responsibility whatsoever for such materials.
Limitation of Liability
In no event will Kriss Pettersen or KPett.com be
liable for any incidental, consequential, or indirect
damages for loss of profits or business interruption
arising out of the use of or inability to use the
Network or any claim attributed to errors, omissions,
or other inaccuracies on the Network.
KPett.com makes no
representations whatsoever about any other web site
which you may access through this one or which may
link to this Network. When you access a
non-KPett.com Web site, please understand that
it is independent from KPett.com, and that
KPett.com has no control over the content on
that Web site.
You agree to indemnify, defend and
hold harmless Kriss Pettersen, KPett.com, its officers,
directors, employees, agents, licensors, suppliers
and any third party information providers to the
Network from and against all losses, expenses,
damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or
any other person accessing the Network.
This Agreement shall all be governed
and construed in accordance with the laws of the
Commonwealth of Massachusetts applicable to agreements made and to
be performed in Massachusetts. You agree that any legal
action or proceeding between Kriss Pettersen or KPett.com and you
for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in Massachusetts. Any cause of action
or claim you may have with respect to the Network
must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of
action is barred. KPett.com's failure to insist
upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of
conduct between the parties nor trade practice shall
act to modify any provision of this Agreement.
Kriss Pettersen or KPett.com may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
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