Disclaimer

You acknowledge that KLEIN­SCHMIDT cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest cont­a­m­i­nating or destructive properties. You are responsible for imple­menting sufficient procedures and checkpoints to satisfy your particular require­ments for accuracy of data input and output, and for maintaining a means external to the Sites for the recon­struc­tion of any lost data. KLEIN­SCHMIDT does not assume any respon­si­bility or risk for your use of the Internet.

While KLEIN­SCHMIDT endeavors to keep the materials on the Sites current, information within our industry changes rapidly and thus, the materials on the Sites should not be relied upon to be fully compre­hen­sive or error free. The Content is not necessarily complete or up-to-date and should not be used to replace any written reports, statements, or notices provided by KLEIN­SCHMIDT. Users should use the Content in the same manner as any other public medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the Sites is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

In certain parts of the Sites (partic­u­larly forums and blogs), KLEIN­SCHMIDT permits third parties to provides advice, comments and information for informative and educational purposes in furtherance of KLEIN­SCHMIDT’s services. KLEIN­SCHMIDT may from time to time post information provided by third parties that might be of interest or benefit to the public. You acknowledge that, irre­spec­tive of postings, the opinions and recom­men­da­tions of third parties contained on the Sites are not necessarily those of KLEIN­SCHMIDT or endorsed by KLEIN­SCHMIDT.

YOUR USE OF THE SITEs IS AT YOUR OWN RISK. THE SITES AND THE CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KLEIN­SCHMIDT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, OR NON-INFRINGE­MENT . KLEIN­SCHMIDT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNIN­TER­RUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLEIN­SCHMIDT DOES NOT WARRANT OR MAKE ANY REPRE­SEN­TA­ION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KLEINSCHMIDT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. YOU, AND NOT KLEINSCHMIDT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR ITS CONTENT. KLEINSCHMIDT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Sites, and KLEIN­SCHMIDT does not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer, accurate or complete.

Limitation of Liability

In no event and under no circum­stances shall KLEIN­SCHMIDT or the contrib­u­tors of information to the Sites or our licensors or authorized repre­sen­ta­tives be liable to you or any third party for special, incidental, punitive or conse­quen­tial damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of Content, information, products or services provided on or through the Internet, or that result from mistakes, omissions, inter­rup­tions, deletions of files or other data loss, errors, defects, delays in operation, service or trans­mis­sion or any failure of performance of the Sites, even if we, or any of our authorized repre­sen­ta­tives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Indemnity

YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS KLEIN­SCHMIDT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCON­TRAC­TORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVES­TI­GATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIB­UT­ABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITES, THE CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SITES. YOU ACKNOWLEDGE AND AGREE THAT YOU INTEND THE INDEM­NI­FI­CA­TION PROVIDED FOR HEREIN TO INCLUDE INDEM­NI­FI­CA­ION FOR NEGLIGENCE OF KLEIN­SCHMIDT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KLEIN­SCHMIDT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCON­TRAC­TORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS OF USE, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION.

Waiver of Liability

YOU ACKNOWLEDGE AND AGREE THAT KLEIN­SCHMIDT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION OR EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVES­TI­ATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED), OR ANY COMPEN­SATORY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSE­QUEN­TIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING FROM ANY ACCESS TO, USE, OPERATION OR FAILURE OF ANY AN DALL KLEIN­SCHMIDT SITES, OR ANY CONTENT, INFORMATION OR ANY SERVICES PROVIDED BY, THROUGH OR IN CONNECTION WITH THE SITES .YOU AGREE TO RELEASE IDEMNIFY AND HOLD HARMLESS KLEIN­SCHMIDT FROM AND AGAINST ANY OTHER LIABILITY INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE OF KLEIN­SCHMIDT.

Trademarks/Service Marks

All right, title and interest in the Sites and any content included or available on the Sites, such as adver­tise­ments, text, graphics, logos, button icons, images, audio clips, service marks, and software, is the exclusive property of KLEIN­SCHMIDT and/or third parties and is protected by copyrights, trademarks, or other intel­lec­tu­ally and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of KLEIN­SCHMIDT and/or third parties and is protected by copyrights or other intel­lec­tual property rights. KLEIN­SCHMIDT and any party that provided trademarks, service marks, and logos to KLEIN­SCHMIDT retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Sites.

The trademarks, logos, and service marks (collec­tively the “Trademarks”) displayed on the KLEIN­SCHMIDT Sites are registered and unreg­is­tered Trademarks of KLEIN­SCHMIDT and others. Nothing contained on any KLEIN­SCHMIDT Sites should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the prior express written permission of KLEIN­SCHMIDT or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Sites is prohibited. KLEIN­SCHMIDT aggres­sively enforces its intel­lec­tual property rights, including by initiating and diligently pursuing civil and criminal actions against offenders.

Information You Provide

You agree not to post, send, submit, publish, or transmit in connection with the Sites any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, porno­graphic, or indecent;
• does not pertain directly to the Sites;
• threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inap­pro­priate content, asking for personally iden­ti­fi­able details or otherwise;
• infringes any intel­lec­tual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity or privacy;
• violates any law or may be considered to violate any law;
• imper­son­ates any person or entity, including, without limitation, one of KLEIN­SCHMIDT’s or other’s officers or employees or misrep­re­sents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specif­i­cally authorized on the Sites;
• solicits funds, advertisers or sponsors;
• includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the func­tion­ality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Sites;
• interfere with or disrupt any services or equipment with the intent of causing an excessive or dispro­por­tionate load on KLEIN­SCHMIDT or its licensors or suppliers’ infrastructure;
• involves the preparation and/or distri­b­u­tion of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003;
• would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or inter­na­tional laws or regulations;
• involves the unau­tho­rized entry to any machine accessible via the Services or inter­fer­ence with the Sites or any servers or networks connected to the Sites or disobey any require­ments, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet commu­ni­ca­tions on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
• collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites;
• execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you;
• attempt to circumvent authen­ti­ca­tion or security of any content, host, network or account (“cracking”) on or from the Sites;
• are contrary to KLEIN­SCHMIDT’s public image, goodwill, reputation or business interests;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites; or
• contains hyper-links to other websites that contain content that falls within the descrip­tions set forth above.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of KLEIN­SCHMIDT or its licensors or supplier’s content, software or infra­struc­ture, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of KLEIN­SCHMIDT or its licensors or supplier’s software or infra­struc­ture, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commer­cially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

KLEIN­SCHMIDT reserves the right to monitor use of the Sites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwith­standing these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KLEIN­SCHMIDT nor any third party that provides Content to KLEIN­SCHMIDT will assume or have any liability for any action or inaction by KLEIN­SCHMIDT or such third party with respect to any submission.

Web Beacons and Cookies

KLEIN­SCHMIDT may use certain technology known as “Web beacons” on its Web sites to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effec­tive­ness of advertising on our Web sites. KLEIN­SCHMIDT uses this information to improve the Web site content and performance. No indi­vid­u­ally iden­ti­fi­able information is collected for this purpose and KLEIN­SCHMIDT does not monitor individual visitor behavior. KLEIN­SCHMIDT may use a temporary cookie file to recognize your identity and preferences once logged in. This allows KLEIN­SCHMIDT to provide custom content as you move from page to page within the Web site. The cookie is deactivated when you conclude your secure session. Because this cookie is stored only in your computer’s temporary memory, it is deleted when you sign off the Web site, if you have been inactive on the Web site for more than 30 minutes, or when you close your browser software. We may also use persistent cookies to help us determine the font size selected to display the Web site. This cookie is written to your hard drive and deleted after one year. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web sites may not function properly.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms of Use.

KLEIN­SCHMIDT may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discon­tin­u­ance or material modi­fi­ca­tion to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discon­tin­u­ance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (ix) completion of the Service in which you are partic­i­pating; and/or (x) any other reason reasonably considered by KLEIN­SCHMIDT to be in its best interest.

Your access to the Sites or the Services also will terminate auto­mat­i­cally if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that KLEIN­SCHMIDT may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. KLEIN­SCHMIDT shall not be obligated to return or provide copies of any information, files or content in your account to you upon deac­ti­va­tion.

You may deactivate your account subject to the terms in the agreement you have with KLEIN­SCHMIDT. In order for us to deactivate your account, you must provide us with written notice. You acknowledge that our entire liability and your exclusive remedy under these Terms Of Use for any dispute with us shall be your right to terminate your account in accordance with this section.

You further agree that the KLEIN­SCHMIDT shall not be liable to any third-party for any termination or deac­ti­va­tion of your access to your account(s) or the Sites.

Upon termination, KLEIN­SCHMIDT will have no further obligation or respon­si­bility to you with respect to the Services terminated, and you will have no further obligation or respon­si­bility to KLEIN­SCHMIDT with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, respon­si­bility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indem­ni­fi­ca­tion) shall survive the termination of your access to the Sites or the Services.

Security

You will be responsible for the security of any username or password that may be issued to you by KLEIN­SCHMIDT or that you may acquire or obtain. Usernames and passwords will generally only be provided by KLEIN­SCHMIDT to repre­sen­ta­tives and agents of those persons, entities, or orga­ni­za­tions that participate in the electronic funds transfer network operated by KLEIN­SCHMIDT. In any event, usernames and passwords shall be issued by KLEIN­SCHMIDT in KLEIN­SCHMIDT’s sole and absolute discretion. KLEIN­SCHMIDT will be entitled to monitor your username and password and, at its discretion, require you to change either or both of them. If you use a username and/or password that KLEIN­SCHMIDT considers insecure, KLEIN­SCHMIDT will be entitled to require the username and the password to be changed or KLEIN­SCHMIDT may terminate your account.

You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distri­b­u­tion of tools designed for compro­mising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KLEIN­SCHMIDT reserves the right to release your details to system admin­is­tra­tors at other websites in order to assist them in resolving security incidents. KLEINSCHMIDT reserves the right to investigate suspected violations of these Terms of Use.

KLEIN­SCHMIDT reserves the right to share, assign or transfer the Sites (or any part thereof) and your account information to any of our affiliates or any successor in interest to our orga­ni­za­tion by merger, reor­ga­ni­za­tion, or operation of law.

From time to time, KLEIN­SCHMIDT may be required to provide your account information or Content in response to a valid court order, subpoena, government inves­ti­ga­tion, or as otherwise required by law, or if we reasonably believe that you have committed unlawful acts or acts that may endanger the health or safety of another user or the general public. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain account information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. KLEIN­SCHMIDT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KLEIN­SCHMIDT to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOUWAIVE AND HOLD HARMLESS KLEINSCHMIDT FROM ANY CLAIMS RESULTINGFROM ANY ACTION TAKEN BY KLEINSCHMIDT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KLEINSCHMIDT OR LAW ENFORCEMENT AUTHORITIES.

Notice of Claims of Intel­lec­tual Property Violations

The content of the Sites may include pictures, information, statements, blog or forum entries, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. KLEIN­SCHMIDT reserves the right to, but it is not obligated to, review all such materials prior to posting. KLEIN­SCHMIDT will not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide KLEIN­SCHMIDT’s main office (whose contact information provided below) with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Iden­ti­fi­ca­tion of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a repre­sen­ta­tive list of such works, marks or publicity rights.
3. Iden­ti­fi­ca­tion of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KLEIN­SCHMIDT to locate the material.
4. Information reasonably sufficient to permit KLEIN­SCHMIDT to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
6. A statement that the information in the noti­fi­ca­tion is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. KLEIN­SCHMIDT’s agent for the notice of any claim of infringe­ment of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows: