Terms and Conditions for Kimlakincreger.com
Welcome to kimlakincreger.com (the Website). Kimlakincreger.com is an informational website owned and operated by Soar on Eagles Wings LLC of 5530 W Hinsdale Ave, Littleton, CO 80128
- Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
- Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Soar on Eagles Wings LLC. Notwithstanding the foregoing, Soar on Eagles Wings LLC, d/b/a kimlakincreger.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
- Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- Decompile, reverse engineer, or disassemble any portion of any the Website;
- Use network-monitoring software to determine architecture of or extract usage data from the Website;
- Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
- Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
IV. USER REGISTRATION A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.
- If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Membership.
V. USER CONTENT A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- You represent, warrant, and covenant that you will not submit any User Content that:
- Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
- Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
- Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- Is an advertisement for goods or services or a solicitation of funds;
- Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Contains a formula, instruction, or advice that could cause harm or injury;
- Is a chain letter of any kind; or
- The licensed use by us hereunder would result in us having any obligation or liability to any party.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
- By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
- We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
- We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.
- The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Soar on Eagles Wings LLC , d/b/a kimlakincreger.com, 5530 W Hinsdale Ave, Littleton, CO 8012 8, and email@example.com.
- WEBSITE CONTENT & THIRD PARTY LINKS
- We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
- In some instances, Website Content will include content posted by a third- party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
- The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.
VIII. DISCLAIMERS YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOAR ON EAGLES WINGS LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- LIMITATION ON LIABILITY
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SOAR ON EAGLES WINGS LLC, AND ITS EMPLOYEES,AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY SOAR ON EAGLES WINGS LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
- In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
- If you become a registered user, you may terminate your Membership at any time by sending an e-mail to firstname.lastname@example.org
XIV. PRIVACY STATEMENT
- When accessing our Website, Soar on Eagles Wings LLC will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:
- The name of the domain from which you access the Internet;
- The date and time you access our site; and
- The Internet address of the Web site you used to link directly to our site.
- If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Soar on Eagles Wings LLC uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
- For site security purposes and to ensure that this service remains available to all users, Soar on Eagles Wings LLC uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Soar on Eagles Wings LLC will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
- California Privacy Rights Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: Soar on Eagles Wings LLC, d/b/a kimlakincreger.com, 5530 W Hinsdale Ave, Littleton, CO 80128, and email@example.com.
- Keeping Your Information Secure We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
- Other Sites; Links Our Website may link to or contain links to other third party Websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all third party Websites before submitting any personally identifiable information.
Copyright: If User (Class Participant) believes that its work has been copied in a way that constitutes copyright infringement, or User’s intellectual property rights have been otherwise violated, User will so inform Licensee (Soar on Eagles Wings LLC) and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that User claims has been infringed;
- A description of where the material that User claims is infringing is located on the site;
- User’s address, telephone number, and email address;
- A statement by User that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by User, made under penalty of perjury, that the above information in User’s Notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Policies Regarding E-Signature Service: Use of Licensee’s website constitutes agreement by User to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures. User is under no obligation to transact business electronically. To withdraw User’s consent to conduct electronic transactions, User may simply stop using the Service and contact the sending party to explore other options.
Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents or signatures. User hereby agrees to read every document before electronically signing it. User also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, User agrees to notify the sending parties and the Service of any change in User’s e-mail address in order to prevent interruptions to User’s communications.
User acknowledges and understands that electronic signatures are legally binding in the United States and other countries. User also understands that printed copies of electronic documents are not considered legal originals, but rather copies of the original documents.
Service Requirements: Use of the Service requires a standards-compliant web-browser which supports the HTTPS protocol, HTML, and cookies. Some documents and communications will include PDF and Word attachments requiring additional software.
Electronic signatures are void where prohibited by law. The United States Electronic Signatures in Global and National Commerce Act (the “Act”) preserves the legal effect, validity, and enforceability of signatures and contracts relating to electronic transactions and electronic signatures used in the formation of certain electronic contracts. However, as further described in the Act, the Act does not apply to certain contracts and records governed by statutes and regulations such as those related to probate and domestic law matters; state commercial law; consumer law covering utility services, real property defaults and foreclosures, and insurance benefits; product recall notices; and hazardous materials papers.
Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
No Waiver: The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado
Notices: Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.
Attorney’s Fees: In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party’s attorney fees.
Mandatory Arbitration: Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
In this Agreement, any reference to a party includes that party’s heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.
RELEASE OF LIABILITY
KNOW ALL PERSONS BY THESE PRESENTS:
That I (Class Participant), for and in return for sufficient, good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Soar on Eagles Wings LLC, their agents, servants, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all actions, causes of action, lawsuits, claims and demands which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: Child abuse situations that were not covered in the class, and events that were not talked about of brought top attention by the teacher of said class.
It is understood and agreed that this release is made in full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned, and his/her respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of Colorado.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by digitally signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My digital signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 13 year of age or older and mentally competent to enter into this waiver.
Release and Authorization to Record Picture and/or Voice
On Photographs, Films, Audio and/or Videotapes
Releasor (You) hereby authorizes Releasee (Soar on Eagles Wings LLC) to record your picture and voice on photographs, films and audio and videotapes, to edit these recordings at its discretion, and to incorporate these recordings into movie and sound films or audio and videotapes, broadcasts (e.g., radio and television, including cable and satellite transmissions), or otherwise, and to use and license others to use such recordings, movie and sound films, audio and videotapes, and broadcast programs in any manner of media whatsoever, including unrestricted use for purposes of publicity, advertising and sales promotion and to use Releasors name, likeness, voice and biographic or other information in connection therewith.
Releasor further agrees to indemnify and save harmless Releasee, its licensees, agents, successors and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings and their use. Releasor further acknowledges that there were no promises of any compensation for such use by Releasee or by anyone associated with Releasee and, that Releasee exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
Releasor warrants and agrees that they have read and understood the contents hereof, and that they have the right and authority to execute this release and indemnification.
In witness whereof, the parties have executed this release and indemnification agreement online at kimlakincreger.com