Third-Party Products and Services
While KW BURRIS CONSULTING, LLC (KWB), at times, utilizes products sourced from third-party manufacturers and services of third-party distributors and providers, KWB makes no recommendations or endorsements about third-party products and services and any references to or reliance upon third-party services and products are provided by KWB on “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind on behalf of KWB.
User Responsibility and Content
You understand and agree that before KWB performs any services of any kind to your computer(s) or other systems, it is your responsibility to back up data, software, information, or other files stored on your disks and/or drives. You acknowledge and agree that KWB shall not be responsible under any circumstance for any loss or corruption of data and/or software or loss of access or use of your data, disks, drives, software, information, or other files.
You also agree that you will only upload, share, post, publish, transmit, or otherwise make available to KWB data, software, information, and files (Content) that you have the right and authority to share and for which you have the right and authority to grant to KWB all of the licenses and rights set forth herein. By sharing Content with KWB, you grant to KWB a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any product or service of KWB, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by KWB without compensation to you. You warrant that: (1) you have the right and authority to grant this license; (2) KWB’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and, (3) all so-called moral rights in the Content have been waived to the full extent allowed by law.
No Unlawful or Prohibited Use
You agree not to use Content or services provided by or through KWB for any purpose that is unlawful or prohibited by these Terms of Service.
For KWB’s provision of Content or services, your exclusive remedy for non-functioning Content, goods or equipment shall be the repair or replacement of the goods and/or equipment actually provided by KWB.
Limitation on Damages
KWB’s entire liability shall not exceed the amounts actually paid by you to KWB for the provided Content or services.
Limitation of Liability
IN NO EVENT SHALL KWB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON DATA, SOFTWARE, INFORMATION, FILES, MATERIALS OR OTHER CONTENT; (2) COSTS OF REPLACEMENT GOODS; (3) LOSS OF USE, DATA, OR PROFITS; (4) DELAYS OR BUSINESS INTERRUPTIONS; (5) OR ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE, ACCESS, OR PERFORMANCE OF CONTENT) EXPERIENCED BY YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER OR NOT KWB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KW BURRIS CONSULTING, LLC TERMS OF SERVICE
Release from Liability
By your submission of a purchase order to KWB (regardless of whether such orders are submitted in written, electronic, or verbal form), you agree to release and hold KWB as well as its agents, employees, managers, members, and owners harmless from and against any loss, liability, or damage, including without limitation, any direct, indirect, incidental, special, or consequential damages, expenses, costs, profits, lost savings or earnings, or liability that you may suffer arising out of, or related to, the services provided by KWB. The foregoing release includes, but is not limited to, data loss or lack of function in any component or element of your computer system and/or peripherals.
You agree to indemnify KWB as well as its agents, employees, managers, members, and owners from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney fees and costs, due to or arising out of Content that you use, your violation of these Terms of Service, or your violation or infringement of any third party rights, including intellectual property rights.
Warranties and Disclaimer of Warranties; Liability Limitations
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND KWB, ALL GOODS AND PRODUCTS, INFORMATION, SOFTWARE, AND CONTENT GENERALLY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KWB 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 WITH RESPECT TO ALL CONTENT PROVIDED BY OR THROUGH KWB.
KWB MAKES NO WARRANTY THAT: (A) CONTENT OR SERVICES WILL, AT ALL TIMES, MEET YOUR REQUIREMENTS; (B) CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR SERVICES WILL BE, AT ALL TIMES, ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT OR SERVICES WILL, AT ALL TIMES, MEET YOUR EXPECTATIONS; (E) USE OF CONTENT OR SERVICES WILL NOT RESULT IN THE LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER OR OTHER PRODUCTS OR FOR THE COMPATIBILITY OF PRODUCTS WITH ONE ANOTHER.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THE DISCLAIMER OR EXCLUSION IN KWB’S TERMS OF SERVICE ARE HELD TO BE LEGALLY INVALID, SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY EVEN AS ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
All matters relating to services and Content provided by or through KWB shall be governed by U.S. federal law or the laws of the State of Ohio. Any legal action or proceeding relating to the services and Content provided by or through KWB shall be instituted in a state or federal court in Montgomery County, Ohio. You and KWB agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.