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INTRODUCTION
Welcome to the Internet Site of Jim Kasper Associates, LLC. (“JIM
KASPER ASSOCIATES, LLC”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS JIM KASPER ASSOCIATES, LLC SITE. By using the JIM
KASPER ASSOCIATES, LLC Site, you signify your agreement to these
terms of use. If you do not agree to these terms of use, please
do not use the JIM KASPER ASSOCIATES, LLC Site. We reserve the
right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically
for changes. Your continued use of this JIM KASPER ASSOCIATES,
LLC Site following the posting of changes to these terms will
mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any JIM KASPER ASSOCIATES, LLC
Site are the copyrighted property of Redeeming the Time,
Inc., or
its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names
are proprietary
to Redeeming the Time, Inc., or its affiliates. No material
from any JIM KASPER ASSOCIATES, LLC Site or any Internet
site owned,
operated, licensed, or controlled by us or our affiliates may
be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one
copy of the materials on any single computer for your personal,
noncommercial
home use only, provided that (i) you keep intact all copyright
and other proprietary notices, (ii) you make no modifications
to the materials, (iii) you do not use the materials in a manner
that suggests an association with any of our products, services,
or brands, and (iv) you do not download quantities of materials
to a database that can be used to avoid future downloads from
any JIM KASPER ASSOCIATES, LLC Site. For purposes of these
terms, the use of any such material on any other Web site
or computer
environment is prohibited. All trademarks, service marks, trade
names, and trade dress are proprietary to us.
In the event you download software from any JIM KASPER ASSOCIATES,
LLC Site, the software, including any files, images incorporated
in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you
by us or third-party licensors for your personal, noncommercial
home use only. We do not transfer title to the Software to you.
You own the medium on which the Software is recorded, but we
(or third-party licensors) retain full and complete title to
the Software and all intellectual property rights therein. You
may not redistribute, sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your
comments regarding our products and services. Unfortunately,
however,
our long-standing company policy does not allow us to accept
or consider creative ideas, suggestions, or materials other
than those that we have specifically requested. We hope you
will understand
that it is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by our
professional staff might seem to others to be similar to
their own creative
work. Please do not send us any unsolicited original creative
materials such as stories or ideas, screenplays, or original
artwork. While we do value your feedback on our services
and products, we request that you be specific in your comments
on those services and products, and not submit any creative
ideas,
suggestions, or materials (unless specifically requested
by
us).
If, at our request, you send certain specific submissions
(e.g., postings to chat, boards, or contests) or, despite
our request,
you send us creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, our property.
None of the Submissions shall be subject to any obligation of
confidence on our part and we shall not be liable for any use
or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now-known or hereafter existing
rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions.
CONTENT LINKED TO ANY JIM KASPER ASSOCIATES, LLC SITE
Please exercise discretion while browsing the Internet using
any JIM KASPER ASSOCIATES, LLC Site. You should be aware
that when you are on a JIM KASPER ASSOCIATES, LLC Site,
you could
be directed to other sites that are beyond our control.
There are links to other sites from JIM KASPER ASSOCIATES,
LLC
pages that take you outside of our service. For example,
if you click
on a banner advertisement or a search result, the click
may take you off the JIM KASPER ASSOCIATES, LLC Site. This
includes
links
from advertisers, sponsors, and content partners that may
use our logo(s) as part of a co-branding agreement. These
other
sites may send their own cookies to users, collect data,
solicit personal
information, or contain information that you may find inappropriate
or offensive. In addition, advertisers on JIM KASPER ASSOCIATES,
LLC Sites may send cookies to users that we do not control.
We reserve the right to disable links from third-party
sites to any JIM KASPER ASSOCIATES, LLC Site.
We make no representations concerning the content of sites
listed in any of our directories. Consequently, we cannot
be held responsible
for the accuracy, relevancy, copyright compliance, legality,
or decency of material contained in sites listed in our
search results or otherwise linked to a JIM KASPER ASSOCIATES,
LLC
Site.
Please keep in mind that whenever you give out personal
information online --- for example, via message boards
or chat --- that
information can be collected and used by people you don't
know. While JIM
KASPER ASSOCIATES, LLC strives to protect your personal
information and privacy, we cannot guarantee the security
of any information
you disclose online; you make such disclosures at your
own risk.
DISCLAIMER
THE MATERIALS IN THIS JIM KASPER ASSOCIATES, LLC SITE ARE
PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS ON ANY JIM KASPER ASSOCIATES,
LLC SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY JIM KASPER ASSOCIATES, LLC SITE OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY JIM KASPER ASSOCIATES, LLC SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites
that link to or
from any JIM KASPER ASSOCIATES, LLC Site. We cannot ensure
that you will be satisfied with any products or services
that you
purchase from a third-party site that links to or from
any JIM KASPER ASSOCIATES, LLC Site or third-party content
on
our sites.
We do not endorse any of the merchandise, nor have we
taken any steps to confirm the accuracy or reliability
of, any
of the information
contained in such third-party sites or content. We do
not make any representations or warranties as to the security
of any
information (including, without limitation, credit card
and other personal
information) you might be requested to give any third-party,
and you hereby irrevocably waive any claim against us
with
respect to such sites and third-party content. We strongly
encourage
you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline
transaction with
any of these third parties.
Search and Directory are free services offered by us.
Because the Web changes constantly, no search engine
technology
can possibly have all accessible sites at any given time.
Thus,
we explicitly
disclaim any responsibility for the content or availability
of information contained in our search index or directories.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your Password and account and for all activities that occur
under your account. You hereby indemnify, defend, and hold
us and our affiliates and our officers, directors, owners,
agents, information providers, affiliates, licensors, and licensees
(collectively, the "Indemnified Parties") harmless
from and against any and all liabilities and costs (including
reasonable attorneys' fees') incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you
of this Agreement or claims arising from your account. You
shall use your best efforts to cooperate with us in the defense
of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE
INABILITY TO USE, ANY JIM KASPER ASSOCIATES, LLC SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE
BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING ANY JIM KASPER ASSOCIATES, LLC SITE.
JURISDICTIONAL ISSUES Unless otherwise specified, the materials in any JIM KASPER
ASSOCIATES, LLC Site are presented solely for the purpose
of promoting programs, films, and other products available
in
the United States and its territories, possessions, and
protectorates. JIM KASPER ASSOCIATES, LLC is controlled
and operated by
Jim Kasper Associates, LLC and its affiliates from its
U.S. offices
in California. We make no representation that materials
on any JIM KASPER ASSOCIATES, LLC Site are appropriate
or available
for use in any particular location. Those who choose to
access a JIM KASPER ASSOCIATES, LLC Site do so on their
own initiative
and are responsible for compliance with local laws, if
and to the extent local laws are applicable. Software from
this
site is further subject to United States export controls.
No software from this site may be downloaded or otherwise
exported
or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country
to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny
Orders.
By downloading or using the Software, you represent and
warrant that you are not located in, under the control
of, or a national
or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by discontinuing
use of all JIM KASPER ASSOCIATES, LLC Sites and destroying
all materials obtained from any and all such sites and
all related documentation and all copies and installations
thereof,
whether made under these terms or otherwise. Your access
to any and all JIM KASPER ASSOCIATES, LLC Sites may be
terminated immediately without notice from us if in our
sole discretion
you fail to comply with any term or provision of these
terms. Upon termination, you must cease use of the JIM
KASPER ASSOCIATES,
LLC Site and destroy all materials obtained from such
site and all copies thereof, whether made under these terms
or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance
with the laws of the State of California, without giving
effect to any principles of conflicts of law. You agree
that any action
at law or in equity arising out of or relating to these
terms shall be filed only in the state or federal courts
located
in Los Angeles County, California, and you hereby consent
and submit to the personal jurisdiction of such courts
for the
purposes of litigating any such action. If any provision
of these terms shall be unlawful, void, or for any
reason unenforceable,
then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability
of any
remaining provisions. This is the entire agreement
between
us relating to the subject matter herein and shall
not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
We may give notice to our users by means of a general
notice on any JIM KASPER ASSOCIATES, LLC Site,
electronic mail
to a user's e-mail address on our records, or by
written communication
sent by first-class mail to a user's address on
our records.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement
should
be sent to Service Provider's Designated Agent.
See Notice and
Procedure
for Making Claims of Copyright Infringement.
To be effective, the notification must be a written
communication that includes the following:
A physical or electronic signature of person authorized
to act on behalf of the owner of an exclusive
right that is
allegedly infringed;
Identification of the copyrighted work claimed
to have been infringed, or multiple copyrighted
works at a
single online
site are covered by a single notification,
a representative list of such works at that
site; Identification of the material that is claimed
to be infringing or to be the subject of infringing
activity
and that is
to be removed or access to which is to be disabled,
and information
reasonably sufficient to permit the service
provider to locate the material;
Information reasonably sufficient to permit
the service provider to contact the complaining
party,
such as
an address, telephone
number, and, if available, an electronic mail
address at which the complaining party may
be contacted;
A
statement that the complaining party has
a good-faith belief that use of the
material
in
the manner complained
of is not
authorized by the copyright owner, its agent,
or the law; and
A statement that the information in the
notification is accurate and, under penalty
of perjury,
that the complaining party
is authorized to act on behalf of the owner
of an exclusive right
that is allegedly infringed.
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