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TERMS OF USE

This document was last updated May 22, 2009.

Thank you for visiting www.kunzler.com ("Website" or "Site"). Please read these terms and conditions of use ("Terms") carefully before using this Website. Accessing, browsing or using this Website is a privilege subject to the following Terms. By your use of this Website, you signify your agreement and acceptance of these Terms. Kunzler reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting. By your use of this Site following posted changes to the Terms of Use, you signify your assent to those changes. If you do not accept these Terms, do not use this Website. Kunzler reserves the right to revoke any or all access and use authorizations granted to you in regard to this Site.

  1. Services. This Website is owned and operated by Kunzler & Company, Inc. and its affiliates (referred to herein as “Kunzler,” “we,” “us,” or “our”). Kunzler provides you with access to a variety of services, including but not limited to product information (collectively “Services”). The information contained on this Website, including, without limitation, text, images, graphics, photos, software, audio and video files, e-mails, posted comments and all other interactive features and content ("Content") is provided for your use conditional upon your acceptance without modification of the Terms.

  2. Use Limitation. You may download material from the Site only for your own personal, non-commercial use. While we encourage you to download and print information to help understand our Services, unless otherwise specified, no material on this Site, including but not limited to the Content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of Kunzler and with express attribution to Kunzler. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, “mirror” any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.

  3. No Unlawful or Prohibited Use. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any www.kunzler.com server, or interfere with any other person’s use and enjoyment of the Site, other accounts, computer systems or networks connected to any www.kunzler.com server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our Website and we will cooperate with law enforcement officials as appropriate. Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. Kunzler may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.

  4. Ownership, Copyright and Trademark. You agree and acknowledge that Kunzler is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.

    The trademarks, logos, and service marks used and displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Kunzler. Under no circumstances may you use any of the Trademarks. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of Kunzler.

    You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms. If you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose you will be violating Kunzler's intellectual property rights, which it vigorously protects.

    Kunzler respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Kunzler with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name, address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to Kunzler' designated copyright agent as set forth below:

    Ruth Bohls

  5. Duration of this Agreement. This agreement ("Agreement") will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.

  6. Information Provided by You. The Site provides you an opportunity to communicate with us. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, we do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Kunzler or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, personal data provided to Kunzler through this Site will be handled in accordance with Kunzler's Privacy Policy [add hyperlink], which is available at this link, incorporated into these Terms and made a part hereof.

    Any contact or communication which you may make with us or our employees via this Site must be for Kunzler's business-related purposes and all such communications are property of Kunzler, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and Kunzler will not be liable for any such unauthorized disclosure.

    Kunzler and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when Kunzler's products or marketing strategies might seem similar to ideas submitted to Kunzler. So, please do not send your unsolicited ideas to Kunzler or anyone at Kunzler. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Kunzler makes no assurances that your ideas and materials will be treated as confidential or proprietary.

  7. Third Party Content and Linked Sites. You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of Kunzler or endorsed by Kunzler. This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to Kunzler. These links are provided for your convenience and are for reference only and you agree that links do not imply that Kunzler is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Kunzler. You understand that the linked sites are not controlled by Kunzler and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.

  8. Jurisdiction and Governing Law. Kunzler operates and controls this Site (excluding linked sites) from its offices within the Commonwealth of Pennsylvania, United States of America. You agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, will apply to all matters regarding the use of this Site. In the event that a dispute arises between you and Kunzler relating to these Terms of Use, any legal proceeding(s) initiated will be filed and determined exclusively in the appropriate state or federal court in Pennsylvania. You and Kunzler agree to, and hereby do, submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. YOU FURTHER KNOWINGLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action relating to use of the Website or Services, or relating to our Terms of Use or Privacy Policy must be filed within one (1) year after such claim or cause of action arises or be forever barred.

  9. International Users. Materials published at this Site may refer to products, programs or services that are not available in your country. Kunzler makes no representation that this Site or the materials at this Site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws. By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.

  10. Severability: If any provision of these Terms of Use is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and removed from these Terms of Use, and the remaining provisions will remain in full force and effect.

  11. No Representations or Warranties; Limitations on Liability; Release: Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
    (a) The information and materials on the Website, including, but not limited to Website Content, user content and third party content, could include technical inaccuracies, typographical errors, and false, defamatory, inaccurate or misleading information. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND WEBSITE SERVICE IS ENTIRELY AT YOUR OWN RISK. KUNZLER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OPERATION OF THIS WEBSITE, ANY INFORMATION OR MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WEBSITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KUNZLER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, KUNZLER EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, KUNZLER EXPRESSLY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON OR IN CONNECTION WITH THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE, INCLUDING WTHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SOME JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

    (b) UNDER NO CIRCUMSTANCES SHALL KUNZLER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIONAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS (EVEN IF KUNZLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), LOSS SAVINGS, LOSS DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR CONTENT ARISING OUT OF, OR IN ANY MANNER CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, OR ANY INFORMATION OR MATERIALS THEREON, INCLUDING WITHOUT LIMITATION, WEBSITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES, REGARDLESS OF WHETHER THE DAMAGES OR ALLEGED DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES, FROM INABILITY TO USE THE WEBSITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR SERVICES. SUCH LIMITATION ALSO WILL APPLY WITH RESPECT TO DAMAGES OR ALLEGED DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON OR IN CONNECTION WITH, THE WEBSITE, THE SERVICES, OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. KUNZLER DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TOTAL LIABILITY OF KUNZLER TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF KUNZLER IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

    (c) YOU HEREBY RELEASE KUNZLER, AND ITS SUBSIDIARIES, DIVISIONS, PARENT COMPANIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND SUPPLIERS, FROM ALL CLAIMS, DEMAND AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY RELATED TO, ANY INFORMATION OR MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WEBSITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT, THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE OR SERVICES, OTHER SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON OR IN CONNECTION WITH THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.
  12. Waiver. Any failure by Kunzler to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. No waiver of any provision of these Terms by Kunzler shall be valid unless it is in writing and signed by Kunzler.

  13. Assignment. These Terms, and any rights granted under them, may not be transferred or assigned by you, but may be assigned by Kunzler without restriction.

  14. Entire Agreement. These Terms contain the entire agreement between you and Kunzler relating to your use of the Website and supersede all prior agreements, representations and understandings between you and Kunzler with respect to the Website.