KFA - Terms & Conditions
ACCEPTANCE OF TERMS
Welcome to KFA Consulting – KFA Consulting a.k.a. Keith Fryer Associates California, Inc, (“KFA”) website. This page states the Terms and Conditions under which you may use the site (“Terms”). Please read this page carefully. By using this website, you agree to be bound by these Terms. Therefore, if you cannot accept these Terms, please do not use this site. KFA reserves the right to revise these Terms without notice to you by updating this posting. Therefore, you should visit this page periodically to review the Terms. Use of the site after any changes are posted to these Terms constitutes your acceptance of those changes.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All materials on this site, including, but not limited to images, illustrations, graphics and text are protected by copyright under both United States and foreign laws. Unauthorized use of this material violates copyright, trademark, and other laws. You may not copy, republish, upload, post, transmit, or distribute in any way our site material. However, you may view and download a single copy of the material on this web site solely for your personal, non-commercial home use only, provided that all copyright and other notices contained in the materials are left intact. Any modification of this material or use of the material for any other purpose constitutes an infringement of KFA’s copyright and other proprietary rights. Use of this material on any other web site or other networked computer environment is prohibited without prior written permission.
This site contains links to third party sites. KFA is not responsible or liable for the content of any such sites, or for the content of any sites that may be linked to this site. Links are provided for your convenience only and you access them at your own risk. The inclusion of any link on this site does not imply endorsement by KFA of the site.
Third parties that wish to place a link on their website to a KFA web page may not do so without KFA’s prior consent. In addition, any such approved links must refer to our company name or product names only in a plain text font and format and must follow our general trademark guidelines.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. When you place an order or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE CONTENT OF THIS SITE AND THE SOFTWARE IT IS BASED ON OR INCORPORATES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TMI MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT SITE CONTENT IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES OR ANY THEORY OF LAW SHALL TOH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF TOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES WERE LIMITATIONS OF LIABILITY ARE NOT ALLOWED OR ARE LIMITED, TOH’S LIABILITY IN SUCH STATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Although CFD has made every effort to display products and their colors as accurately as possible, the displayed colors of products will depend upon the monitor of the user and KFA cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Customers should view actual products before making purchasing decisions.
This site is controlled and operated by or on behalf of KFA from California. KFA does not represent or warrant that any site materials are appropriate or available for use in other locations. If you choose to access the site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
CHOICE OF LAW
These Terms shall be governed by and construed in accordance with the laws of California, as it is applied to agreements entered into and performed within that state. Any action brought to enforce this Agreement or matters related to this site shall be brought in either the state or federal courts of California. If any provision is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of these Terms shall remain in force. These Terms contain the entire agreement between you and KFA regarding the subject matter hereof.
Upon KFA’s request, you agree to defend, indemnify, and hold harmless KFA, its officers, directors, employees and agents, and affiliates from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which KFA may become obligated to pay arising or resulting from your use or misuse of the site material or your breach of these Terms. KFA shall use reasonable efforts to provide notice to you of any such action or claim and reserves the right to assume or participate, at its expense, and to assume control over, the investigation, settlement and defense of any such action or claim, in which event, you agree to cooperate with KFA.
BINDING ARBITRATION: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, AND EQUITABLE CLAIMS) AGAINST [KFA], its agents, employees, successors, assigns, or affiliates (collectively for purposes of this paragraph, “[KFA]”), arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), [KFA’s] advertising, or any relate purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure then in effect. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between you and [KFA]. The arbitration shall be held in a mutually agreed upon location in person, by telephone, or online. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF.