The Site may include links to third-party websites or mobile apps. Khaiser, LLC does not control and is not responsible for the content or privacy policies of any linked website or mobile app. The inclusion of any such link on the Site does not imply our endorsement of it, nor does Khaiser, LLC guarantee the accuracy of information or data displayed on or accessed through any such link.
By using the Site, you consent to receiving electronic communications and notices from Khaiser, LLC. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You further agree that we may send information, announcements, offers, marketing materials, and advertisements to you via electronic communications, including but not limited to e-mail and text messages.
All copyrightable text, graphics, sound, downloads, software, including source and binary code, and other material (collectively, the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Khaiser, LLC, or are licensed to Khaiser, LLC, and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our partners and advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to firstname.lastname@example.org. Khaiser, LLC does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties. [Add Trademark language as needed.]
If you believe that materials posted on the Site violate your intellectual property rights, please contact Khaiser, LLC at email@example.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.
You agree that Khaiser, LLC is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, providing and marketing products and services and creating, modifying or improving the Site or other products or services. When you provide content to or through us or the Site (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of the Site or any other products or services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that content against Khaiser, LLC, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Site.
If you have a username and/or password for access to certain areas or functions of the Site, you are solely responsible for maintaining the confidentiality and use of the username and/or password. Further, you are responsible for all activities that occur in connection with your username and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Site through the use of your username and/or password. You agree to notify us immediately of any unauthorized access to or use of your username and/or password or any other breach of security.
While we use reasonable efforts to maintain the accuracy and reliability of the Site, We do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
IN NO EVENT SHALL Khaiser, LLC, ITS RELATED COMPANIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, Khaiser, LLC, its related companies, and each such company's directors, officers, employees and agent are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and we are not, in any case liable for indirect, incidental, special, consequential or punitive damages.
You agree to indemnify and hold Khaiser, LLC and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.