Terms of Service
Thank you for visiting the RichardKistnen.com website (“Website”), owned and operated by LFT, Inc. (hereinafter referred to as, “We,” “LFT,” “RK,” or “the Company”). Here’s some information concerning our Terms of Service, including Disclaimer of Liability, that you agree to by accessing and/or using the Richardkistnen.com website.
We hope your visit was helpful and informative. RK provides links to websites of other organizations to provide visitors with certain information. If you click on the links on these pages, you will be leaving the Website and head to an external website. Our provision of these links does not imply approval of the listed destinations, warrant the accuracy of any information in those destinations, constitute endorsement of the entities to whose sites the links are made, or endorse any of the opinions expressed on any of these external websites.
Second. The text, images, videos, audio clips, software and other content generated, provided, or otherwise made accessible on or through the Site (collectively, “Content”) are contributed by us and our licensors. The Content and the Site are protected by U.S. and international copyright laws. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Website Terms, no rights are granted to any Content. Subject to these Website Terms, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. We reserve the right, but do not have any obligation to monitor, remove, edit, modify or remove any Content, in our sole discretion, at any time for any reason or for no reason at all.
Third. You understand that, except for information, products or services clearly identified as being created, endorsed and/or supplied by RK, we do not operate, control or endorse any other information, products or services on the Internet. You also understand that RK shall not, and does not, represent that files available for downloading through the RK website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. 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 Site for the reconstruction of any lost data.
Fourth. Limitation of Liability (Really Important!) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE RK WEBSITE AND THE INTERNET. THE COMPANY PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE RK WEBSITE OR ON THE INTERNET GENERALLY. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT GUARANTEE OR WARRANT ANY PARTICULAR RESULTS, SALES, PROFITS OR OTHERWISE BY USING OR PURCHASING ANY MATERIALS FOUND ON THE RK WEBSITE.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY WHATSOEVER, FOR SUCH MATERIALS.
LIMITATION OF LIABILITY.
IN NO EVENT WILL RK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED OR ACCESSED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ANY LIABILITY OF THE COMPANY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold RK harmless, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the RK website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the RK website.
You agree that RK, its officers, employees, and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information presented by or accessed via the RK website, including but not limited to, damages or losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of such materials.
Miscellaneous. These Website Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. These Website Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Website Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Website Terms shall otherwise remain in full force and effect and enforceable. In order for any waiver of compliance with these Website Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Website Terms at any time for any period will not be construed as a waiver of such rights.
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