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Terms of Use



LINKS TO THIRD PARTY SITES

  

Links within KMH may let you leave KMH. You acknowledge that the linked sites are not under the control of KMH and that KMH is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. KMH is not responsible for web casting or any other form of transmission received from any linked site. KMH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KMH of the linked site or any association with their operators.

  

MODIFICATION OF THESE TERMS OF USE AND NOTICES

  

KMH reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on KMH. You are responsible for regularly reviewing these terms and conditions. Continued use of KMH after any such changes shall constitute your consent to such changes. KMH does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

  

LIABILITY DISCLAIMER

  

The information, software, products, services and other material included in or available through KMH may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via KMH should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

  

Your access to and use of KMH, and products and services of KMH, is at your own risk. KMH, and its associates, affiliates and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of KMH, or such products or services. KMH makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of KMH, or such products or services. Without limiting the foregoing, KMH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN KMH FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KMH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  

IN NO EVENT SHALL KMH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF KMH OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE KMH OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KMH, OR OTHERWISE ARISING OUT OF THE USE OF KMH, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KMH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF KMH, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KMH AND ITS RELATED SERVICES. Without limiting the foregoing, KMH is not responsible for any of your data residing on KMH and KMH hardware. You are responsible for backing-up your data and information that may reside on the KMH or KMH hardware, whether or not such information is produced through the use of KMH. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

  

You agree to defend, indemnify and hold KMH and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with KMH or your use of KMH.


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