Terms of Use
Kaup
Enterprises, Inc.("Kaup") makes information available on
this Web site (this "Site"), subject to the following Terms
of Use ("Terms"). By accessing this Site, you agree to
these Terms. If you do not agree to all of these Terms, do not use
this Site. Kaup reserves the right to change these Terms at any time
without notice. Kaup reserves the right to seek all remedies
available by law and in equity for any violation of these Terms. Any
rights not expressly granted herein are reserved by Kaup. These Terms
represent the entire understanding relating to the use of this Site
and supercede any prior or contemporaneous, conflicting or additional
communications.
Copyright
The
materials on this Site are copyrighted and protected by worldwide
copyright laws and treaty provisions. You may download one copy of
the information ("Materials") found on this Site on a
single computer for your personal, non-commercial internal use only
unless specifically licensed to do otherwise by Kaup in writing.
Except as otherwise provided in this paragraph, no portion of this
Site may be distributed or reproduced by any means, or in any form,
without Kaup's prior written permission.
COPYRIGHT NOTICE:
Except
where otherwise specified, the contents of this Site are Copyright �
1995 - 2011 PO Box 78, Delta, CO 81416-0078 USA. All rights reserved.
Pursuant
to Section 512(c)(2) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Kaup designates an
agent, as described below, to receive notifications of claimed
infringement. If you believe that your work has been copied and is
accessible on this Site in a way that constitutes copyright
infringement, you may contact our agent as provided below.
Legal name and address of
service provider:
Kaup
Enterprises, Inc.
PO Box 78
Delta, CO 81416
Name under which service
provider does business:
Gregory
L. Kaup
Kaup Enterprises, Inc.
PO Box 78
Delta, CO 81416
USA
Telephone, fax, and e-mail
address of designated agent:
The
above contact information is for use only to send notifications of
claimed infringement. For all other purposes, please visit Kaup's contact page.
Use
of Software
The software and accompanying documentation available for download from
this Site are the copyrighted work of Kaup and or third parties. Use
of the software is governed by the terms of the end-user license
agreement which accompanies such software. If no license agreement
accompanies the download, the terms of the license agreement which
accompanied the original product being updated will govern. Such
software is made available for download solely for use by end-users
according to such end-user license agreement. You will not be able
or permitted to use, download or install any software unless you
agree to the terms of such end-user license agreement.
Use
of Site Materials and Information
Except
as otherwise indicated on this Site, you may view, print, copy, and
distribute documents (but not software) on this Site subject to the
following terms and conditions:
-
(a)
The documents may be used solely for informational, personal,
non-commercial purposes; (b) any copy of the documents or portion
thereof must include all copyright and proprietary notices in the
same form and manner as on the original; (c) the documents may not
be modified in any way; and (d) Kaup reserves the right to revoke
such authorization at any time, and any such use shall be
discontinued immediately upon notice from Kaup.
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Documents
specified above do not include the layout or design of this Site.
Elements of this Site are protected by trade dress or other laws
and may not be imitated or reproduced in whole or in part.
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Documents
specified above do not include logos, graphics, sounds or images on
this Site, which may be reproduced or distributed only when
expressly permitted by Kaup.
Member
Account
If
any Kaup Services require you to open an account, you agree to
provide accurate, current and complete information in the
Registration form. You will also choose a password and user name. If
you provide any information in the Registration form that is false,
inaccurate, out of date or incomplete, or a password or user name
that contains any inappropriate, profane, defamatory, obscene, or
indecent terms, Kaup may suspend your account and refuse to provide
you with any Kaup Services. You are entirely responsible for any and
all activities that occur under your account.
Chat
Rooms and Newsgroups
Use
of Chat Rooms: As a chat room or newsgroup user ("User"),
you are responsible for your own communications and for the
consequences of posting those communications. We do not represent or
guarantee the truthfulness, accuracy or reliability of any material
posted by Users or endorse any opinions expressed by Users. You
acknowledge and understand that any reliance on materials posted by
other Users will be at your own risk.
Content
Policy: We do not screen communications in advance and are not
responsible for screening or monitoring material posted by Users. If
notified by a User of communications that allegedly do not conform
to these terms of use, we may investigate the allegation and
determine in our sole discretion whether to remove, block or disable
access to the communication. We also reserve the right, but do not
undertake the affirmative obligation, to do so on our own initiative
if we discover any such communications. We have no liability or
responsibility to Users for performance or nonperformance of such
activities. Furthermore, we reserve the right to terminate the
access rights of Users and prevent their further access to the
newsgroups and chat room facilities for violating our terms of use
or any applicable law, and reserve the right to remove
communications that, in our sole discretion, are abusive, harassing,
disruptive, infringing, obscene, lewd, lascivious, excessively
violent, illegal or otherwise objectionable.
In
consideration of being allowed to use the chat room or newsgroup
services provided by us on this Site, you agree, represent and
warrant that you will not: (a) use the services for any purpose in
violation of local, state or national laws of any country; (b) post,
store or transmit material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner; (c)
post, store or transmit material that reveals trade secrets, unless
you own them or have the permission of the trade secret owner; (d)
post, store or transmit material that infringes on any other
intellectual property rights of others or on the privacy or
publicity rights of others; (e) post, store or transmit material
that is obscene, lewd, lascivious, excessively violent, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
User or any other person or entity; (f) post, store or transmit
sexually-explicit images; (g) post, store or transmit child
pornography; (h) post, store or transmit advertisements or
solicitations of business; (i) post, store or transmit chain letters
or information relating to pyramid schemes; or (j) impersonate
another person or User.
Please
remember that any information that is disclosed in the newsgroups
and chat room facilities becomes public information. By posting
communications, you grant: (a) to us: royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish,
translate, distribute, perform and display those communications
alone or as part of other works in any form, media, or technology,
whether now known or hereafter developed; and (b) to other Users:
the right to access, view, store and reproduce the communications
for personal use.
Submissions,
Comments and Feedback
Any
questions, comments, suggestions, ideas, concepts, techniques, data,
materials or information ("Feedback") that you provide to
us shall not be regarded as confidential. We have no obligation of
any kind with respect to any Feedback. We shall be free to
reproduce, perform, use, disclose, exhibit, display, transform,
create derivative works from, and/or distribute any Feedback without
limitation. Further, we shall be free to use any ideas, concepts,
know-how, data or techniques contained in any Feedback for any
purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products that incorporate such ideas,
concepts, know-how, data or techniques.
Linking to Site
Kaup
permits anyone to link to this Site subject to the linker's
compliance with the terms and conditions set forth below. A site
that links to this Site:
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May
link to, but not replicate, content contained in this Site;
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Must
not create a frames or border environment or browser around content
contained in this Site;
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Must
not present misleading or false information about Kaup's services
or products;
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Must
not misrepresent Kaup's relationship with the linker;
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Must
not imply that Kaup is endorsing or sponsoring the linker or the
linker's services or products;
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Must
not use Kaup's logos or trade dress without prior written
permission from Kaup;
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Must
not contain content that could be construed as obscene, libelous,
defamatory, pornographic, or inappropriate for all ages;
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Must
not contain materials that would violate any laws;
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Must
agree that the link may be removed at any time upon Kaup's request
pursuant to Kaup's reserved rights to rescind its consent to allow
the link.
Links
to Other Sites
This
Site provides links to third-party Web sites, which are not under
the control of Kaup. We make no representations about any other Web
site, that you may access through this one. When you access a
non-Kaup Web site please understand that it is independent from us,
and that we have no control over the content on that Web site. In
addition, a link to a non-Kaup Web site does not mean that we
endorse or accept any responsibility for the content, or the use, of
such Web site.
Viruses
and Destructive Code
It
is up to you to take precautions to ensure that whatever you select
for your use is free of such items as viruses, worms, trojan horses
and other items of a destructive nature.
Third-party
Products and Services
This
Site mentions third-party products and services for informational
purposes. Kaup makes no recommendations or endorsements about any
third-party products and services. References to third-party
services and products are provided by Kaup "as is",
without warranty of any kind, either express or implied.
Disclaimer,
Limitation of Liability and Indemnification
EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND
KAUP, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON
THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.
KAUP
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE
INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION
CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR
LINKED TO THIS SITE.
IN
NO EVENT WILL KAUP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY
USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, RELIANCE ON ANY OF THE MATERIALS PREESENTED ON THIS
SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS,
LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER
ECONOMIC ADVANTAGE, EVEN IF KAUP EXPRESSLY ADVISED OF THE
POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.
YOU
AGREE TO INDEMNIFY AND HOLD KAUP HARMLESS FROM, AND YOU COVENANT NOT
TO SUE KAUP FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF,
RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES
PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.
SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
THIS
SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, KAUP MAKES NO
COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
General
Products and Services
Availability
This
Site can be accessed from countries around the world and may contain
references to Kaup services, programs, and products that have not
been announced in such country. These references do not imply that
Kaup intends to announce such services, programs, or products in
such country.
Governing
Law and Forum
The
terms of use set forth in these Legal Notices and any claims
relating thereto shall be governed and construed in accordance with
the laws of the State of Colorado, without giving effect to the
conflict of laws provisions thereof or of any other jurisdiction.
You agree and hereby submit to the exclusive personal jurisdiction
and venue of the Delta Combined (District and County) Court of Delta County in the State of Colorado, with respect to any claims arising out of or
relating to the terms of use set forth in these Legal Notices or
your use of this Site.
International
Use
Kaup
controls and operates this Site from its headquarters located in the
State of Colorado in the United States. We make no representation
that this Site or its contents are appropriate and available for use
in other locations and accessing them from territories where their
content is illegal is prohibited. You may not use or export the
contents of this Site in violation of United States export laws and
regulations. If you use this Site from other countries, you are
responsible for compliance with applicable local laws including, but
not limited to, the export and import regulations of such countries.
Export
Control Laws
Software
available on this Site is subject to United States export controls.
No software from this Site may be downloaded or otherwise exported
or re-exported: (1) into (or to a national or resident of) Cuba,
Iraq, Libya, Sudan, North Korea, Iran or any other country to which
the United States has embargoed goods; or (2) to anyone on the
United States Treasury Department's list of Specially Designated
Nationals or the United States Commerce Department's Table of Denial
and Prohibition Orders.
By
downloading or using software from this Site, you are agreeing to
the foregoing and all applicable export control laws. You are also
warranting that you are not under the control of, located in, or a
resident or national of any such country or on any such list. You
agree to comply strictly with all United States. export control laws
and assume sole responsibility for obtaining licenses to export or
re-export as may be required.
The
information on export control laws provided herein is not
necessarily complete. For more information on export control laws,
please refer to 15 C.F.R. 736, 738, 744, 746, or telephone the
United States Commerce Department, Bureau of Export Administration
at (408) 998-7402, (202) 482-2440, or (202) 482-4811.
U.S.
Government Restricted Rights
Any
software which is downloaded from this Site for or on behalf of the
United States of America, its agencies and/or instrumentalities, is
provided with Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Kaup Enterprises,
Inc., PO Box 78, Delta, CO 81416 USA.
Registrant Removal
In
the event that we determine, in our sole discretion, that you have
breached any of our terms of use, or have otherwise demonstrated
conduct inappropriate for our community, we reserve the right to,
with or without notice, (a) delete any or all content provided by
you or your agent(s) to this Site; (b) terminate your access to this
Site; (c) notify and/or send content to and/or fully cooperate with
the proper law enforcement authorities for further action; and/or
(d) take any other action which we, in our sole discretion, deem to
be appropriate.
