1. The Website.
- Access and Use of the Website. Company agrees to provide you with non-exclusive access to or use of the Website, subject to the terms and limitations set forth in this Agreement.
- Proprietary Rights. This Website is owned and operated by Company. The Website is proprietary to Company and contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound. The Website is protected by intellectual property laws and international intellectual property treaties, and the contents of the Website are copyrighted under the United States copyright laws and international copyright laws. Your access to the Website is licensed to you and not sold.
- Changes to the Website. Company has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website. Company further reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the Website.
- Accessibility. You agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
- Accuracy of Content. Company gathers information from state and Federal agencies (“Government Information”), which Company includes on the Website for information purposes only. Company provides the Government Information in substantially the same format as it is received from the applicable agency, but cannot guarantee the accuracy of the Government Information.
- Third Party Content and Trademarks. The Website may contain content supplied by third parties. Any opinions, advice, statements, services, offers, or other promises, representations or warranties contained in such third party content are those of the respective author(s) or distributor(s) and not of Company. KELLYSOLUTIONS, ERENEWALS and the Kelly Registration System logos are trademarks, service marks, registered trademarks or service marks of Company. Other product and company names found on the Website may be the trademarks of third parties.
- Links. This Website may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of Company. Company is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Further, Company reserves the right to terminate any link or linking program at any time. Company does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.
- Monitoring. Company may make available to users of this Website e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication by means of the Website (collectively, the “Forums”). Company cannot review all communications made on or through the Website. However, Company shall have the right, but not the obligation, to monitor the Forums, to determine compliance with these conditions of use and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
2. Acceptable Use Policy
- You may not access or use the Website if you are under the age of eighteen (18).
- You agree not to engage in unlawful or unacceptable use of the Website, which includes, without limitation, use of the Website to: (i) interfere, disrupt or attempt to gain unauthorized access to the Website or any other computer network; (ii) disseminate or transmit viruses, trojan horses or any other malicious code or program; (iii) post or transmit through the Website any material that (x) violates or infringes in any way upon the rights of others, (y) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (z) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law; (iv) without Company’s express prior approval, post or transmit through the Website any material which contains advertising or any solicitation with respect to products or services; (v) advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Website; or (vi) engage in any other activity that is deemed by the Company to be in conflict with the spirit or intent of this Agreement or which restricts or inhibits any other user from using or enjoying the Website.
- You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part. You may download one copy of any copyrighted material as an informational resource for your personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. In the event of any permitted copying (including the single copy download described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website (including the Public Pages), you automatically grant, or warrant that the owner of such material has expressly granted Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Website to access, view, store or reproduce the material for that user’s personal use. You grant Company the right to edit, copy, display, publish and distribute any material made available on the Website by you.
- You agree not to use the Forums or any other area of the Website to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Website or any equipment owned or operated by Company in connection with the Website. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
- The foregoing provisions of Section 2 are for the benefit of Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3. Disclaimer of Warranties
ACCESS TO THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT ANY GOVERNMENT INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IS COMPLETE OR ACCURATE, OR THAT THE WEBSITE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED), NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, IN RELATION TO THE WEBSITE. YOU HEREBY WAIVE ALL OTHER RIGHTS, OBLIGATIONS AND/OR WARRANTIES AND ASSUME ALL RISKS AND LIABILITIES IN RESPECT THEREOF. “Disabling Device” is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
4. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER CONTRACT OR TORT, (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, USE OF OR RELIANCE ON THE GOVERNMENT INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION, ERRORS, DEFECTS (BOTH PATENT AND LATENT), MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, ANY OTHER FAILURE OF PERFORMANCE, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT. Notwithstanding anything herein to the contrary, as a limitation on damages, the maximum aggregate amount of money damages for which Company may be liable to you, resulting from any cause whatsoever, shall be $50.00.
You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to this Agreement or your use of the Website.
- Law and Venue. Company operates and controls this Website from its offices located in the state of Georgia in the United States. If you choose to access this Website outside of the state of Georgia through your own initiative, you are responsible for compliance with all applicable laws. This Agreement shall be governed by the laws of the state of Georgia and the United States without reference to conflicts of laws. The sole jurisdiction and venue for any litigation arising out of this Agreement or the Website shall be an appropriate federal court in the Northern District of Georgia or a state court located in Newton County, Georgia. You hereby waive any objection to personal jurisdiction in any proceeding before such courts and consent to personal jurisdiction in such courts.
- Binding on Successors and Assigns. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
- Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY OR LIMITED WARRANTY IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
- Export Control. Software and other materials from this Website may also be subject to United States Export Control laws, which prohibit the export of certain technical data and software to certain territories. No software from this Website may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Company does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.
- Survival. The respective rights and obligations of the parties under Sections 1 (with the exception of subsection 1(a)) 2, 3, 4, 5 and 6 and any defined terms shall survive any termination or expiration of this Agreement.
Revised May 2003