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Terms of Use

KIEFER TERMS OF USE FOR WEBSITE

October 6, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A CLAUSE THAT SETS FORTH GOVERNING LAW, JURISDICTION, AND VENUE FOR DISPUTES.

Description of Services

Welcome to the web site for Kiefer Consulting, Inc.  Here Kiefer provides you with a variety of content, including but not limited to information pages, download areas, white papers and case studies,  (collectively, the "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these terms and conditions (the "Terms").

Acceptance

This agreement forms the conditions of supply of material on, use of, and access to the Services. As these Terms affect your legal rights, please read them carefully. By using the Services, you accept and agree to be bound and abide by these Terms, the Kiefer Intellectual Property Policy and the Kiefer Privacy Policy, incorporated herein by reference.  

Should you object to any of these conditions or any subsequent modifications, your only recourse is to immediately discontinue your use of the Services.

Use of Services

You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the content for information and other content related to Kiefer, its products, and its services. You may use the Services for purposes expressly permitted by Kiefer. Any other use, including the reproduction, modification, distribution, transmission, or republication of the content on this site is strictly prohibited, except as expressly permitted in writing by Kiefer or in these Terms.

Conduct

As a condition of your use of the Services, you warrant to Kiefer that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, the Kiefer Privacy Policy, and the Kiefer Intellectual Property Policy, and any subsequent notices. You may not use the Services in any manner which could damage, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You agree to abide by all applicable laws and regulations.

Kiefer has no obligation to monitor any user's use of the Services, however Kiefer retains the right at all times to monitor, retain, and disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. You will indemnify Kiefer if Kiefer suffers any loss or damage or incurs any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Services.

If you become involved in any violation of system security, Kiefer reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Kiefer reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email messages or publishing or otherwise making available any materials that are believed to violate these Terms.

Representations; Warranties; Disclaimer

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data. Kiefer does not assume responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KIEFER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KIEFER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIEFER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KIEFER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KIEFER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THE SERVICES OR CONTENT THEREON.

No advice or information, whether oral or written, obtained by you from the Services or any materials or content available through the Services will create any warranty regarding Kiefer or the Services that is not expressly stated in these terms.

Limitation of liability

KIEFER, ITS SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF USE, DATA, REVENUE, OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIEFER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES. In all cases, Kiefer will not be liable for any loss or damage that is not reasonably foreseeable or that arises out of any event beyond its reasonable control.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

General information only - non advisory

The material on the Services provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. All material on the Services is provided in good faith and its use is undertaken at your sole risk.

INTELLECTUAL PROPERTY

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, including the compilation thereof (meaning the collection, arrangement, and assembly), is copyright protected and, except as expressly provided herein or otherwise stated in the Services, its use is for your own personal references only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or in part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Kiefer. You may not use any part of the material on the Services to establish, maintain, or provide, or assist in establishing, maintaining, or providing your own publications, Internet site, or other means of distribution.

Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to 17 U.S.C. section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to a Service Provider's Designated Agent. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

If you believe that your copyrighted material is posted on any of the Services without your permission, contact our Copyright Agent with the following information:

  • Your mailing address, telephone number, and your e-mail address;
  • A description of the copyrighted work that you believe is infringed;
  • A description of the material on the Services that you believe to be infringing your copyrighted work and its location, with enough detail so that we are able to locate it on the Services;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
  • Your physical or electronic signature.

Our Copyright Agent can be reached at:

Amy Hoffman

Kiefer Consulting, Inc.

13405 Folsom Blvd., Ste. 501

Folsom, CA 95630

916-932-7220

info@kieferconsulting.com

 

There are legal consequences for filing a fraudulent or bad faith copyright take-down notice or counter-notice. Ensure all information to which you are attesting is accurate before submitting it to our Copyright Agent.

 

Trademarks

The trademarks listed on the Kiefer Intellectual Property page are registered trademarks owned by Kiefer Consulting, Inc.. All other trademarks mentioned in or displayed on the Services belong to third parties and are the property of their respective owners. Nothing displayed on the Services should be construed as granting any license or right of use of any logo, masthead, or mark, without the express written permission of the relevant owner. All rights not expressly granted herein are reserved.

Third Party Services

The Services may contain links to other sites, which are not maintained by, or related to, Kiefer. Links to such sites are provided as a service to users and are not sponsored by or affiliated with us. Kiefer has not reviewed any or all of such sites and is not responsible for the content of those sites. Kiefer is not responsible for webcasting or any other form of transmission received from any linked sites. Links are to be used and third-party sites accessed at the user's own risk, and Kiefer makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the Services. Kiefer provides links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.

Export control and restricted countries

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) to any country or territory that is the subject of an embargo by the United States Government (e.g., Cuba, Iran, North Korea, Sudan, Syria, and the Crimea); or (b) to any individual or entity on a U.S. Government list of prohibited or restricted parties, including, but not limited to, the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that: (i) neither you nor your listed residence is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for compliance with all applicable laws, and you will not use the Services for any purposes prohibited by U.S. or other applicable laws.

Service updates

The Services may need updating from time to time. These updates may temporarily disrupt use of the Services and are designed to improve, enhance, and further develop our Services and may take the form of enhanced functions and new service offerings.   

Submissions

Kiefer does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments").  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Kiefer and its affiliates are under no obligation to keep such information confidential, and (c) Kiefer will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.    

General

These Terms and any disputes arising under or related to these Terms and/or the Kiefer Privacy Policy will be governed by U.S. federal law and the laws of the State of California. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiefer as a result of these terms or use of the Services. You further agree that the Terms create no third party beneficiary rights that are not expressly included.

If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.

Unless otherwise specified herein, these terms constitutes the entire agreement between the user and Kiefer with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kiefer with respect to the Services.

A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these terms and all related documents be drawn up in English.

Changes to the Terms of Use

Kiefer reserves the right to change the terms, conditions, and notices under which the Services are offered. Your continued use of the Services indicates your agreement to the modified terms, conditions, and notices.