Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF COMPANY OR ITS AFFILIATES (THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Trademarks and Copyrights
The “K&M Advisors, LLC” word name and logo, the “Powering Social Commerce” word name, the “Owner” word name and certain other trademarks displayed on our Site are the proprietary service marks or trademarks of Company or its licensors (“Company Marks”). Company Marks may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Company. All other trademarks and service marks not owned by Company or its licensors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.
All content on this Site, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of Company or its licensors and are protected by United States and international copyright and other intellectual property laws.
Photos throughout the website are either property of K&M Advisors, LLC, or its parent company, Dorado Group, LLC, or utilized by a free stock photography website www.freerangestock.com.
Links to Third Party Sites/Third Party Advertisements
You acknowledge that, from time to time, Company may provide links to the websites of third parties. Company is not responsible for the content of any linked site which is not owned by Company, or any link contained in a linked site. The display of any link to a third party website does not imply endorsement by Company of the linked site or any information or content therein.
IN NO EVENT WILL COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Except where otherwise expressly provided by Company, all comments or feedback which is solicited by or provided to Company regarding your experiences with, preferences for, opinion of or suggestions regarding this Site (collectively, “Feedback”) shall be considered non-confidential and Company’s property. By submitting such Feedback to Company, you agree that you assign to Company, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that Company shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
Company Does Not Endorse Comments of Users
Company does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site (“Third Party Content”). Any Third Party Content placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of Company.
Modification or Discontinuance of the Site by Company
At any time, without notice to you, and for any or no reason, Company may modify or discontinue the Site. Company shall in no way be held liable for any consequence which results from Company’s decision to modify or discontinue providing the Site.
Denial of Access
Company may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Company respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Company the written information specified below. Please note that this procedure is exclusively for notifying Company that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right 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 intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Company’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent
K&M Advisors, LLC, Visit the Contact page.