Terms of Use

Please read these Terms and Conditions carefully before using this Site.

Service
THIS WEBSITE (THIS "SITE") IS PROVIDED BY Jack Kahl & Associates ("COMPANY") FOR USE BY YOU CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS AND CONDITIONS"). BY ACCESSING, USING AND/OR DOWNLOADING MATERIALS FROM THIS SITE, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ACT TO ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SITE OR DOWNLOAD OR USE MATERIALS FROM IT. YOU AGREE TO FAMILIARIZE YOURSELF WITH THE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY OF THE SITE IF YOU CHOOSE TO USE THE SITE.

Changes to Agreement
COMPANY has the right, at its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. You are responsible for regularly reviewing the Terms and Conditions of Use posted at the Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of such changes.

Changes to Service
COMPANY may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. COMPANY may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. COMPANY may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

User Conduct
You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from COMPANY, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

Proprietary Rights
Use Of Materials Subject to the terms and conditions set forth in this Agreement, COMPANY grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (the "Materials"), and to view and download the Materials. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or XML or other computer programs that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by United States and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, COMPANY does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of COMPANY Trademarks. The product names, company names and logos of COMPANY or any affiliate used on this Site may be trademarks including registered trademarks of COMPANY or an affiliate. Such product names, company names and logos of COMPANY and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of COMPANY or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

Links and Third Party Content
As a convenience to you, COMPANY may provide, on this Site, links to websites operated by other entities. Linked sites are not under the control of COMPANY and COMPANY is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. COMPANY makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that COMPANY or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates. This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that COMPANY shall not have any liability whatsoever to you for any such third party material, data or information.

Information Provided by You
COMPANY does not want you to, and you should not, send any confidential or proprietary information to COMPANY via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to COMPANY is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to COMPANY, you grant to COMPANY and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit, publish your name in connection with any such communication, and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that COMPANY and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to COMPANY for any purpose. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to COMPANY's use of the materials contained within such communication. COMPANY is under no obligation to post or use any materials you may provide and may remove such materials at any time in COMPANY's sole discretion. You further recognize that COMPANY does not want you to, and you warrant that you will not, provide any information or materials to COMPANY that are harassing, defamatory, libelous, tortuous, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

Use of Communication Service
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, group calendars, electronic mail postings and/or other message or communication facilities designed to enable you to communicate with the public at large, Participants, or with a group (collectively, "Communication Service"). You agree to use the Communication Service only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or service for any commercial purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. COMPANY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. COMPANY reserves the right to terminate your access to any or all of the Communication Service at any time without notice for any reason whatsoever. COMPANY has no obligation to monitor the Communication Service. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY's sole discretion. You acknowledge that all Communication Service are public and not private communications, therefore your communications may be read by others without your knowledge. COMPANY does not control or endorse the content, messages or information found in any Communication Service and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Forum managers and hosts are not authorized COMPANY spokespersons, and their views do not necessarily reflect those of COMPANY Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you upload the materials.

On-line Communities and Other Interactive Areas
To the extent that this Site contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. COMPANY does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in COMPANY's sole discretion are objectionable or in violation of these Terms and Conditions.

Agreement to Privacy Policy
Personal data will be collected, processed, used, communicated, and disclosed by COMPANY and its affiliates for the purpose of providing and offering products and services and to facilitate transactions you enter into with COMPANY and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in COMPANY's Privacy Policy privacy_policy.html. The Privacy Policy is incorporated by reference into these Terms and Conditions. Such personal information that you provide via this Site, together with information regarding the manner in which you use this Site will be used, processed, communicated and disclosed as permitted by these Terms and Conditions, the Privacy Policy reproduced on this Site, other agreements between the parties related to such information, and as otherwise permitted by law.

LIMIT OF LIABILITY
COMPANY'S LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT OR THE SERVICE INCLUDING WITHOUT LIMITATION ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATING TO THE SERVICE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED CAN $100.00 HOWEVER, THIS EXCLUSION DOES NOT APPLY TO DIRECT DAMAGES TO TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE.

CONSEQUENTIAL LOSS
COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR EXEMPLARY, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT COMPANY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE PROVIDED HEREUNDER UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF COMPANY COMPANY SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

Survival of Limit of Liability
The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose, of contract or the failure of an exclusive remedy.

Disputes
The parties agree that all disputes or disagreements between them with respect to the interpretation of any provision of this Agreement, the performance of COMPANY or you under this Agreement or any other dispute between them related hereto or arising here from (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Ohio courts and submission to arbitration pursuant to this Section is a condition precedent to the bringing of any action with respect to this Agreement. Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the Cleveland, Ohio, United States area. The parties shall agree on what, if any, discovery shall be made available; if the parties fail to agree on the form of discovery within 30 days after the appointment of the arbitrator, there shall be no discovery. The arbitrator shall not limit, expand, or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and each party waives any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against COMPANY The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. Any arbitrator selected shall be competent in the legal and technical aspects of the subject matter of this Agreement. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement.

International Users and Choice of law
This Site is controlled, operated and administered by COMPANY from its offices within the United States. Neither COMPANY nor any of its affiliates makes any representation or warranty that materials at this Site are appropriate or available for use at any locations outside the United States and access to them from territories outside of the United States is prohibited. If you access this Site from outside the United States, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. This Agreement shall be deemed to have been made and performed exclusively in the Cleveland, Ohio, United States and shall be governed by and construed under the laws of Cleveland, Ohio and the laws of the United States applicable therein without giving effect to its conflict of laws principles. You submit to the exclusive jurisdiction of the courts in Cleveland, Ohio for any claim related hereto or arising here from and agree not to bring any action, claim, suit or proceeding against COMPANY (or any officer, director, or employee thereof) in any jurisdiction other than Cleveland, Ohio, United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

Time for Bringing Suit
Any legal proceeding arising from or in connection with this Agreement, or any Service provided hereunder, must be brought within one (1) year after the event which is the subject of the proceeding has occurred, except to the extent that such action arises from claims which are subject to an express indemnification obligation therein.

Severability
If any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in effect and the parties will begin negotiations for a replacement of the invalid or unenforceable portion.

Assignment
This agreement may be assigned by COMPANY This Agreement shall ensure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.

Causes Beyond Control
COMPANY shall not have any liability for damages or delays due to fire, explosion, lightning, power surges or failures, strikes or labour disputes, water, acts of god, the elements of war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure products or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers or suppliers, or other causes beyond its control whether or not similar to the foregoing.

WARRANTY
COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED NOT CONTAINED HEREIN, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. COMPANY WILL NOT BE RESPONSIBLE FOR (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN YOUR CONTROL OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS, (3) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

Notices
All notices, requests, demands and other communications required or permitted under this agreement shall be deemed to have been duly made and received when personally served, or when mailed by first class mail. Except as explicitly stated otherwise, and notices to COMPANY shall be given by postal mail to:

Jack Kahl & Associates, LLC
26100 First Street
Westlake, OH 44145
United States

Language
The parties hereto have requested that this Agreement be drafted in the English language.

Violations
Please report any violations of the Terms and Conditions of Use to us.

Exchange Rates
COMPANY is not responsible for the correctness or accuracy of the exchange rates and/or currency conversion.