Terms of Service Agreement
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 within the NUM.WIKI website.
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 THE TOVSA.
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.
This 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 IMMEDIATELY.
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.
CONSENT TO JURISDICTION. VIEWER 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 JURISDICTION.
ATTORNEY-CLIENT RELATIONSHIP. VIEWER 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 elsewhere.
“AS-IS” OF 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 COMPLETE.
DISCLAIMER OF 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.
LIMITATION OF 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 WEB SITE.
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.
BINDING ARBITRATION. 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.
PAT., PAT. NUM.WIKI design logos are trademarks of KPC . Without KPC's prior permission, you agree not to display or use in any manner, the KPC Marks.
NO 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 otherwise.
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 NUM.WIKI web site at Terms of Viewer Service Agreement