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AGREEMENT BETWEEN USER AND KRAMMES GROUP,
INC. T/A KRAMMES KUSTOM BODY COMPANY
The Krammes Group Inc. Web Site is comprised
of various Web pages operated by Krammes Group Inc.
The
Krammes Group Inc. Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Krammes Group Inc. Web
Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USE
Krammes Group Inc. reserves the right to change
the terms, conditions, and notices under which the Krammes Group
Inc. Web Site is offered, including but not limited to the charges
associated with the use of the Krammes Group Inc. Web
Site.
LINKS TO THIRD
PARTY SITES
The Krammes Group Inc. Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of Krammes Group Inc. and Krammes Group
Inc. is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Krammes Group Inc. is not
responsible for webcasting or any other form of transmission
received from any Linked Site. Krammes Group Inc. is providing these
links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Krammes Group Inc. of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the Krammes Group
Inc. Web Site, you warrant to Krammes Group Inc. that you will not use the
Krammes Group Inc. Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use
the Krammes Group Inc. Web Site in any manner which could damage,
disable, overburden, or impair the Krammes Group Inc. Web Site or
interfere with any other party's use and enjoyment of the Krammes
Group Inc. Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the Krammes Group Inc. Web
Sites.
USE OF
COMMUNICATION SERVICES
The Krammes Group Inc. Web Site may contain
bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other
material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto
or have received all necessary
consents.
- Upload files that contain viruses,
corrupted files, or any other similar software or programs that
may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods
or services for any business purpose, unless such Communication
Service specifically allows such
messages.
- Conduct or forward surveys, contests,
pyramid schemes or chain letters.
- Download any file posted by another user of
a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such
manner.
- Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material
contained in a file that is
uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication
Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information
about others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Krammes Group Inc. has no obligation to
monitor the Communication Services. However, Krammes Group Inc.
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Krammes
Group Inc. reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any
reason whatsoever.
Krammes Group Inc. reserves the right at
all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Krammes Group Inc. sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. Krammes Group Inc. does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, Krammes Group Inc.
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized Krammes Group Inc. spokespersons, and their views do
not necessarily reflect those of Krammes Group Inc.
Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS
PROVIDED TO KRAMMES GROUP INC. OR POSTED AT ANY KRAMMES GROUP INC.
WEB SITE
Krammes Group Inc. does not claim ownership
of the materials you provide to Krammes Group Inc. (including
feedback and suggestions) or post, upload, input or submit to any
Krammes Group Inc. Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Krammes Group Inc.,
its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No
compensation will be paid with respect to the use of your
Submission, as provided herein. Krammes Group Inc. is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in Krammes Group Inc. sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KRAMMES GROUP INC. WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. KRAMMES GROUP INC.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
KRAMMES GROUP INC. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
KRAMMES GROUP INC. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
KRAMMES GROUP INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE KRAMMES GROUP INC.
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. KRAMMES GROUP INC. AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL KRAMMES GROUP INC. AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE KRAMMES GROUP INC. WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE KRAMMES GROUP INC. WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE KRAMMES GROUP INC. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE KRAMMES GROUP INC. WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KRAMMES GROUP
INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE KRAMMES GROUP INC. WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE KRAMMES GROUP INC. WEB SITE.
SERVICE
CONTACT: jimjr.krammes@krammesgroup.com
TERMINATION/ACCESS
RESTRICTION
Krammes Group Inc.
reserves the right, in its sole discretion, to terminate your access
to the Krammes Group Inc. Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of
the State ofPennsylvania, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in Schuylkill County,
Pennsylvania, U.S.A. in all disputes
arising out of or relating to the use of the Krammes Group Inc. Web
Site. Use of the Krammes Group Inc. Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Krammes Group Inc. as a result
of this agreement or use of the Krammes Group Inc. Web Site. Krammes
Group Inc. performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of Krammes Group Inc. right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the Krammes Group Inc. Web Site or information provided to or
gathered by Krammes Group Inc. with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
Krammes Group Inc. with respect to the Krammes Group Inc. Web Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
Krammes Group Inc. with respect to the Krammes Group Inc. Web Site.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Krammes Group Inc. Web
Site are: Copyright 2007 Krammes Group Inc. and/or its suppliers.
All rights reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
Any rights not
expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be
sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright
Infringement.
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