The Website contains KPAM’s proprietary content protected by copyright and other laws respecting intellectual property rights. KPAM retains all rights in the Website, including without limitation all copyright and other intellectual property rights worldwide in all media. The use of any content on this Website in any matter is subject to first obtaining permission from KPAM. By posting user generated content to the Website, you hereby grant KPAM a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use the content in any form or medium, now or hereafter existing, or in any language, during the full term of the copyright therein and throughout the world.
You understand that all content is the sole responsibility of the person from whom such content originated. This means that you, and not KPAM, are entirely responsible for all content that you upload, post, transmit, or otherwise make available via the Website. You represent that you have all rights necessary to post such content without violation of any third party intellectual property or other rights or any laws or regulations. You understand that by accessing and/or using the Website, you may be exposed to content that you find to be offensive or objectionable.
The opinions expressed in the Website are not necessarily those of KPAM, its parent company or affiliates, and/or its employees. Under no circumstances will KPAM be liable in any way for any material, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any information posted, transmitted, or otherwise made available via the Website. You acknowledge that KPAM shall have the right (but not the obligation) in its sole discretion to refuse or remove any material that is available via the Website, and to edit any content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful racially or ethnically, or is otherwise objectionable or violates the Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any material, including any reliance on the accuracy, completeness, or usefulness of such content. All opinions and statements made by you on the Website are yours alone and KPAM neither condones nor endorses the reliability or accuracy of such statements. Should content be found or reported to be in violation of the following terms, any action to be taken will be in KPAM’s sole discretion. Content which is the subject of a criminal or civil investigation may be turned over to requesting authorities in accordance with all applicable laws.
You will not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website. You will not also attempt to decompile, reverse engineer, disassemble, modify, or hack the Website site or underlying software, or to defeat or overcome any encryption and/or digital rights management technology implemented by KPAM with respect to the Website and/or data transmitted, processed, or stored by KPAM.
If you are reported to be in violation of the Terms of Service, KPAM retains the right to terminate your right to access and/or post content to the Website. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
KPAM CANNOT MAKE ANY REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED. THE WEBSITE IS PROVIDED TO YOU “AS IS” EXCEPT AS SPECIFICALLY PROVIDED IN THE TERMS OF SERVICE. KPAM MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. KPAM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERING THAT INFORMATION TO YOU.
KPAM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL KPAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THE TERMS OF SERVICE, EVEN IF KPAM HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING.
IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST KPAM MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
You agree to indemnify, defend, and hold KPAM, its parent company, and affiliates harmless from and against any and all third party claims and losses arising out of or in any way related to any use of the Website, any use of any content, data, or documentation received through the Website by you, or your breach or alleged breach of the Terms of Service, or your breach or alleged breach of the copyright, trademark, intellectual property, or other rights of third parties, regardless of the form of action.
The Terms of Service shall for all purposes be governed and construed in accordance with the law of the State of Oregon without regard to its choice-of-law rules.
The Terms of Service, as it may be amended from time to time in the sole discretion of KPAM, constitutes the entire agreement between you and KPAM, and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of the Terms of Service.
If any provision of the Terms of Service shall be held to be unenforceable, the parties shall renegotiate those provisions in good faith to be valid, enforceable substitute provisions, which provisions shall reflect as closely as possible the intent of the original provisions of the Terms of Service. If the parties fail to negotiate a substitute provision, the Terms of Service will continue in full force and effect without that provision and will be interpreted to reflect the original intent of the parties.