DEFINITIONS. "Viewer" includes any individual or entity
that views, prints, distributes or otherwise uses the contents of this web site
whether in electronic or printed form. "KPC" shall mean K. P. Correll &
Associates. "Web Site" shall include any information contained upon Patent Firm's Services
ACCEPTANCE OF TERMS. BY ACCESSING AND USING THIS WEB SITE,
YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF
THE TOVSA PUBLISHED ON THE WEB SITE.
If you do not agree to be bound by the Terms, you are not to view,
print, distribute, or utilize the web site. You hereby acknowledge that any
reliance upon any content, information or other material on this web site shall
be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL COUNSEL BEFORE AGREEING TO
NOT LEGAL ADVICE. The materials on this website are
intended to provide general information and should not be relied upon for
specific legal advice. Legal counsel should be consulted regarding questions and
issues of protection or infringement of rights, so as to avoid possible loss of
rights or infringement of the rights of others.
web site is not intended to be an advertisement or promotion to residents
of States where such advertisements or promotion to residents is prohibited. K.
P. Correll & Associates (hereinafter "KPC") does not perform legal
services for such residents. Residents
of Said states are not to view, PRINT, DISTRIBUTE, OR OTHERWISE UTILIZE this web
site. said RESIDENTS should seek OTHER LEGAL counsel to assist them
jurisdiction. Viewer understands
and agrees that use of this web site is not intended to and does not create
jurisdiction in any state or country other than Massachusetts of the United
States of America. Viewer understands
and agrees not to use this site if
Viewer deems electronic communication as consent to jurisdiction in any other
state. Viewer further understands and
agrees that the information on this site is not directed towards any specific
jurisdiction other than Massachusetts of the United States of America. Viewer acknowledges and agrees that all
information contained on this site is deemed “published” when first posted to
our web server.
CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN
MIDDLESEX COUNTY, MASSACHUSETTS U.S.A., REGARDING
ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT.
USER AGREES THAT THIS CHOICE OF
FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH
understands and agrees that no attorney-client relationship shall be created or
exist between Viewer and any agent, employee, owner or officer of KPC BY MERELY
VIEWING THIS WEB SITE. Viewer
understands that all communications through e-mail, telephone, or other means of
communication to any agent, employee, owner or officer of KPC may not be
protected by the attorney-client privilege and therefore possibly discoverable
in a Court of law.
COMMUNICATIONS. Viewer understands and agrees that KPC is
not, and has not, been retained by Viewer accessing any portion of the KPC
website. Viewer also understands and agrees that KPC is not obligated to respond
to, review or retain unsolicited written or electronic communications received
from any Viewer. Viewer understands and agrees that KPC may, in its sole
discretion, respond to or discard such communications on a case by case basis.
If Viewer does not receive a response within 24 hours to a communication sent to
KPC , Viewer should immediately seek appropriate legal counsel and/or advice
INFORMATION. VIEWER UNDERSTANDS AND AGREES THAT THE
SERVICE PROVIDED BY KPC IS PROVIDED "AS-IS" AND THAT KPC ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO
STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS
SITE. Information on this web site may contain inaccuracies or
typographical errors. Information may be changed or updated without notice.
Since laws sometimes change, the information on this web site is not
guaranteed to be accurate. There is no
guarantee that the information on this web site is current or
WARRANTIES. VIEWER EXPRESSLY
UNDERSTANDS AND AGREES THAT:
VIEWER'S USE OF THIS WEB SITE IS AT VIEWER'S SOLE RISK. ALL
INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KPC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KPC MAKES NO WARRANTY THAT (i) THE SITE WILL MEET VIEWER
REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM KPC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOVSA.
LIABILITY. VIEWER EXPRESSLY
UNDERSTANDS AND AGREES THAT KPC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF KPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
INDEMNITY. You agree to defend, indemnify and hold KPC, and
its subsidiaries, affiliates, officers, employees, agents, co-branders or other
partners, harmless from any action, claim, proceeding, demand, cost or expense,
including reasonable attorneys' fees, from a third party due to or arising out
of your use of the web site, your violation of the TOVSA, or your violation of
any rights of another.
Any controversy or claim arising out of or relating to the web site or
the TOVSA, or the breach thereof, between KPC and Viewer shall be settled by
binding arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association in BOSTON, MASSACHUSETTS. The judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
and the KPC design logo are trademarks of KPC . Without KPC's prior permission,
you agree not to display or use in any manner, the KPC Marks.
GRANT OF LICENSE. Nothing on this web site or on any KPC site, or VIEWER'S
use of the web site, shall be construed as conferring any license or other
rights under the intellectual property or other proprietary rights of KPC, its
affiliates or any third party, whether by estoppel, implication or
SECTION TITLES OF TOVSA.
The section titles in the TOVSA are for convenience only and have no
legal or contractual effect.
ENTIRE AGREEMENT. The
TOVSA constitutes the entire agreement between Viewer and KPC, and governs the
entire usage and viewing of the web site, superseding any prior agreements
between Viewer and KPC. No subsequent
alteration, amendment, change or addition to the TOVSA shall be binding upon
either party unless published upon the KPC web site at Terms of Viewer Service Agreement