If you register on the Website, you are responsible for maintaining the security of your password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Kittanning Online of any unauthorized uses of your account or any other breaches of security. Kittanning Online will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Website Visitors. Kittanning Online has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kittanning Online does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Kittanning Online disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Kittanning Online does not have any control over those non-Kittanning Online websites and webpages, and is not responsible for their contents or their use. By linking to a non-Kittanning Online website or webpage, Kittanning Online does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Kittanning Online disclaims any responsibility for any harm resulting from your use of non-Kittanning Online websites and webpages.
Copyright Infringement and DMCA Policy. As Kittaning Online asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Kittanning Online in accordance with Kittanning Online’s Digital Millennium Copyright Act (“DMCA”) Policy. Kittanning Online will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Kittanning Online or others, Kittanning Online may, in its discretion, terminate or deny access to and use of the Website or Service.
Trademarks. Your use of the Website grants you no right or license to reproduce or otherwise use any Kittanning Online or third-party trademarks.
Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Kittanning Online and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
Communications with Kittanning Online. All notices and other communications to Kittanning Online required under this Agreement should be directed to the Kittanning Online contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent.
Limitation of warranties of Kittanning Online, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Kittanning Online, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Kittanning Online makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spam or non-spam. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Kittanning Online, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Limitation of liability of Kittanning Online, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Kittanning Online, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Kittanning Online, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Kittanning Online, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Kittanning Online during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
Indemnification. You agree to defend, indemnify and hold harmless Kittanning Online, its contractors and its licensors, and their respective directors, officers, employees, volunteers, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
Termination. Kittanning Online may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Kittanning Online.
Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
Miscellaneous. These Terms and Conditions constitute the entire agreement between Kittanning Online and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kittanning Online, or by the posting by Kittanning Online of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in United States District Court for the Western District of Pennsylvania. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Kittanning Online may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.