TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these terms and conditions, please do not use this site. You should check these terms periodically for changes. Your continued use of the website following the posting of changes to these terms will mean you accept those terms.
3. Ownership. All content, organizations, graphics, design, compilation, and other matters included on this site is and shall continue to be the property of Kulesa PR or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
4. Trademarks and Service Marks. Kulesa Public Relations, PR Café, and others are either service marks, or registered trademarks or service marks of Kulesa Public Relations. Other product and company names mentioned on this Site may be trademarks of their respective owners.
5. Limited License and Permitted Uses. Unless otherwise noted, all materials including but not limited to all content, information, materials or documents made available on the Site including without limitation through the PR Café (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Kulesa PR or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the website. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
7. Forms, Agreements & Documents. We may make available through the Site or through other Web sites sample and actual forms of business documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.
8. No Advice. The Content available on our Site has been prepared by Kulesa PR as a service to its readers and the Internet community and is for informational purposes only. Kulesa PR has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Site. Users of information from the Site or links do so at their own risk.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
10. Errors, Corrections and Changes. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable. We may change the features, functionality or content of this Site at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Site.
11. Indemnification. You agree to indemnify, defend and hold Kulesa PR and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation or alleged violation of this Agreement or use of the Site.
THE INFORMATION AND CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND WITH “ALL FAULTS” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. KULESA PR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 13 (“LIMITATION OF LIABILITY”). TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability.
IN NO EVENT SHALL KULESA PR’S TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE CONTENT, INFORMATION, PRODUCTS OR DOCUMENTS AVAILABLE THROUGH THE SITE, EXCEED THE FEES ACTUALLY PAID BY YOU DURING THE ONE (1) YEAR PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
UNDER NO CIRCUMSTANCES WILL KULESA PR BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN KULESA PR AND YOU. THIS SITE AND THE PRODUCTS, INFORMATION AND CONTENT PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER SUCH PROVISION. FURTHER, IN THE EVENT THAT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN EFFECT.