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TERMS OF USE
 ACCEPTANCE
OF TERMS
KipKool Consulting / W & W Partners ("KipKool.com")
makes this Web site (the "Site"; ''KipKool.com''),
including all information, documents, communications, files,
text, graphics, software, research and products available through
the Site (collectively, the "Materials") and all services
operated or provided by KipKool and third parties through the
Site (collectively, the "Services"), available for
your use subject to the terms and conditions set forth on this
page and any changes to this page that KipKool may publish from
time to time (collectively, the "Terms of Use").
By accessing or using this site
in any way, including, without limitation, Subscribing to the
Site, use of any of the Services, downloading of any Materials,
or merely browsing the Site, you agree to and are bound by the
Terms of Use.
KipKool reserves the right to change
the Terms of Use and other guidelines or rules posted on the
Site from time to time at its sole discretion. Your continued
use of the Site, or any materials or services accessible through
it constitutes your acceptance of the changes.
Your use of the Site will be subject
to the most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. You should periodically
check the "Terms of Use" link on the bottom of each
page on the Site to view the then current terms. If you breach
any of the Terms of Use, your authorization to use this Site
automatically terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must be immediately
destroyed.
DEFINED
TERMS
"KipKool Content" means all Materials provided by KipKool.com
TYPES
OF USERS
Please be aware that certain activities on this Site, such as
Knowledge Source or Articles might be available only to persons
who are covered under a Subscription Agreement with KipKool ("Subscribers").
INTELLECTUAL
PROPERTY; LIMITED LICENSE TO USERS
Copyright, trademark, patent, and/or other intellectual property
laws protect the Materials and Services on this Site, as well
as their selection and arrangement, and any unauthorized use
of the Materials or Services at this Site may violate such laws
and the Terms of Use. Except
as expressly provided herein, KipKool and its suppliers, partners
and advertisers do not grant any express or implied rights to
use the Materials and Services. You agree not to copy, republish,
frame, download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials, or its Services
or their selection and arrangement, except as expressly authorized
herein. In addition, you agree not to use any data mining, robots,
or similar data gathering and extraction methods in connection
with the Site.
USE
OF SERVICES
When using Services on this Site
that are offered by KipKool.com, you shall be subject to any
posted guidelines, rules, or licenses applicable to such Services,
the Subscription Agreement and to the Terms of Use. Such guidelines, rules, or licenses may
contain terms and conditions in addition to those in the Terms
of Use. In addition to the Materials and Services offered by
KipKool, this Site also makes available materials, information,
and services provided by third parties (collectively, the "Third
Party Services"). The Third Party Services are governed
by separate license agreements that accompany such services.
KipKool offers no guarantees and assumes no responsibility or
liability of any type with respect to the Third Party Services,
including any liability resulting from incompatibility between
the Third Party Services and the Materials and Services offered
by KipKool. You agree that you will not hold KipKool responsible
or liable with respect to the Third Party Services or seek to
do so.
USE
OF SOFTWARE
Any software and accompanying documentation
that is made available, currently or at any time, to download
from this Site is the copyrighted and/or patented work of KipKool.com
and/or its suppliers, partners and advertisers. Use of the software
is governed by the terms of the license agreement that accompanies
or is included with such software. You will not be able to download
or install any software that is accompanied by or includes a
license agreement unless you agree to the terms of such license
agreement. If you do not agree to such terms, you will not be
able to use the software. In the absence of a license agreement
that accompanies the software, the Terms of Use will govern use
of the software. You agree that you will not decompile, reverse
engineer, or otherwise attempt to discover the source code of
the software available on the Site.
USE
OF KIPKOOL CONTENT
KipKool.com Content may be used
solely for personal and informational purposes. The KipKool Content
may not be modified or altered in any way.
KipKool Content may not be distributed or sold, rented, leased,
or licensed to others.You may not remove any copyright or other
proprietary notices contained in the KipKool Content. KipKool
reserves the right to revoke the authorization to view, download,
and print KipKool Content and any such use shall be discontinued
immediately upon notice from KipKool. The rights granted to you
constitute a license and not a transfer of title. Various sections
of the Site, such as Knowledge Source and articles showcase the
work of professionals. Such works belong to their creators, are
protected by copyright or other proprietary laws, and are available
to you per the Terms of Use of this Site only. Accordingly, you
may not download or print these works unless there is a notice
associated with the work expressly permitting such uses. The
rights specified above to view, download, and print the KipKool
Content available on this Site are not applicable to the design
or layout of this Site. Elements of this Site are protected by
trade dress and other laws and may not be copied or imitated
in whole or in part.This website and all of its components are
protected by intellectual property rights and related rights
reserved exclusively for the holders of these rights.
W & W Partners hereby notifies
you of its right to initiate legal proceedings, including criminal
prosecution, to protect its intellectual property rights.
PROHIBITED
COMMUNICATIONS
You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libellous, offensive,
defamatory, obscene, or pornographic materials, or other materials
that would violate any law or the rights of others, including,
without limitation, laws against copyright infringement, and
rights of privacy and publicity. Violation of these restrictions
may result in denial of or limitations on access by you to this
Site.
USER
CONDUCT
In using the Site, including all Services and Materials available
through it, you agree:
 Not
to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked sites;
Not
to upload, post, or otherwise transmit through the Site any viruses
or other harmful, disruptive, or destructive files;
Not
to use or attempt to use another's account, password, service,
or system without authorization from KipKool;
Not
to access or attempt to access any content which you are not
authorized to access;
Not
to disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or accessible
through the Site or any affiliated or linked sites.
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CONTENT
KipKool reserves the right, in its sole discretion, to delete
or remove content from the Site or to restrict, suspend, or terminate
access to all or part of this Site, at any time. The information
appearing on the website is in no way contractual, and W &
W Partners reserves the right to modify the contents of the website
at any time. W & W Partners also reserves the right to amend
these conditions of use at any time. These modifications are
binding, and we recommend that you visit the website regularly
to check for changes in the conditions of use.
INTERNATIONAL
USERS
This Site can be accessed from countries around the world and
may contain references to KipKool products, services, and programs
that are not available in your country. These references do not
imply that KipKool intends to announce such products, services,
or programs in your country.
LIMITATION
OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
KipKool, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT KipKool HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS
SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF
ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS
OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR
RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS
OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH
THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED
OR LINKED TO FROM THIS SITE.
NOTIFICATION
OF COPYRIGHT INFRINGEMENT
KipKool will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others.
If you believe that your work has been used or
copied in a way that constitutes copyright infringement and such
infringement is occurring on this Site or on sites linked to
from this Site, please provide KipKool a notice containing the
following elements:
A
physical or electronic signature of the person authorized to
act on behalf of the owner of the copyright interest that is
alleged to have been infringed;
A description of the copyrighted
work or works that you claim have been infringed and identification
of what material in such work(s) is claimed to be infringing
and which you request to be removed or access to which is to
be disabled;
A description of where the material
that you claim is infringing is located on the KipKool site;
Information sufficient to permit
KipKool to contact you, such as your physical address, telephone
number, and e-mail address;
A statement by you that you have
a good faith belief that the use of the material identified in
your Notice in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
A statement by you that the information
in your Notice is accurate and, under penalty of perjury, that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
KipKool can be contacted through the Contact pages on this site
on matters relating to notices of claims of copyright infringement.
Please ensure the appropriate classification of your notice so
as to ensure correct and expedient handling of it.
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INDEMNITY
AND LIABILITY
You agree to indemnify and hold KipKool and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of content you submit, post to, or transmit through the Site,
your use of the Site, your connection to the Site, your violation
of the Terms of Use, the actions of any other Subscribers, or
the unlawful acts of non-subscribers or your violation of any
rights of another person or entity.
GENERAL
The Terms of Use, Online Privacy Policy, the Subscriber Agreement
and the other rules, guidelines, licenses and disclaimers posted
on the Site constitute the entire agreement (''The Agreement'')
between KipKool and you with respect to your use of the Site.
If for any reason a court of competent jurisdiction finds any
provision of The Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that
provision, and the remainder of The Agreement shall continue
in full force and effect. Any failure by KipKool to enforce or
exercise any provision of The Agreement or related right shall
not constitute a waiver of that right or provision or any other
rights and provisions per the Terms of Use. The section titles
used in The Agreement are purely for convenience and carry with
them no legal or contractual effect. Words indicating male gender
also include to the female gender and visa versa.
WARRANTIES
AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND KipKool OR YOU AND A THIRD PARTY WITH RESPECT
TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS
AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ''AS IS''
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, KipKool MAKES NO WARRANTY THAT
(i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE,
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM
OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES
OR MATERIALS, WILL BE CORRECTED (vi) YOU WILL OBTAIN SIMILAR
RESULTS TO OTHER COMPANIES, USERS OR SUBSCRIBERS FROM THE APPLICATION,
IMPLEMENTATION OR REDUCTION OR REDUCTION OF CONCEPTS, METHODS,
SUGGESTIONS, PRACTICES, APPROACHES, MANAGEMENT ACTIONS, STEPS,
DECISIONS OR ANY OTHER APPLICATION OF CONTENT ON THIS SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS. KipKool MAY MAKE CHANGES TO THE MATERIALS
AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE
MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND KipKool
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. NO
REPRESENTATION IS MADE OR IMPLIED AS TO THE COMPATABILITY OF
THIS SITE WITH BROWSERS IN GENERAL. THIS SITE MIGHT NOT FUNCTION
PROPERLY WITH CERTAIN BROWSERS. THIS SITE ALSO CONTAINS A NUMBER
OF APPLETS THAT REQUIRE JAVA CAPABLE BROWSERS. YOUR BROWSER SHOULD
ALSO BE ABLE HANDLE FRAMES. MACRO MEDIA'S FLASH PLAYER IS REQUIRED
TO VIEW THE GRAPHICS AND MOST OF THE CONTENT ON THIS SITE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) KipKool DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKS ON THE SITE; (ii) KipKool MAKES NO REPRESENTATION
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR
CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE
WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) KipKool
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER
HARM THAT RESULTS FROM SUCH ACTIVITIES. KipKool ASSUMES NO LIABILITY
FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE OR FILES
THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION
WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
KipKool OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE.
LINKS
TO THIRD PARTY SITES
The website may contain links to websites managed by third parties
(“partner websites”). W & W Partners has no control
over partner websites and accepts no responsibility for their
content or for the content of any links appearing on partner
websites, or for modifications or updates to a partner website.
W & W Partners shall not be held liable if the partner site(s)
function(s) poorly or not at all. W & W Partners provides
these links solely for your convenience, and the inclusion of
any link does not indicate that W & W Partners approves of
the content of a partner website, nor does it imply any connection
whatsoever between W & W Partners and the operators of partner
websites. It is your responsibility to consult and comply with
any privacy protection policies posted on partner websites and
the conditions of use for these websites.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The trademarks,
logos, and service marks (''Marks'') displayed on this Site are
the property of KipKool Consulting, other third parties and their
respective owners. You are not permitted to use the Marks without
the prior written consent of KipKool Consulting or such third
parties that may own the Marks. KipKool and the W&W Partners
logo are trademarks of W&W Partners.
MONITORING
USAGE
We hereby inform you that all visits
made to the website are recorded, as is any use of our electronic
publication. We may use this information for statistical purposes
in order to ensure better service. No identifying data is collected
during this recording process. Please do not use our services
if you do not agree to this practice. |
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