Terms of Service and Use
We have designed this website ("Site"), to be useful,
informative, helpful, honest and fun. Hopefully we have accomplished that and ask that you let us know if you would
like to see improvements or changes.
We ask that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our Site you automatically agree to them.
Naturally, if you don't agree, please do not use the Site and exit it by clicking here.
We reserve the right to make any modifications that we deem
necessary at any time. Please check these terms regularly to see what those modifications may be. Your continued
use of the Site means that you accept those modifications.
Links to Other Site. We sometimes provide referrals to and links to other web sites from our Site. Such a
link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites
you can access through our Site. If in doubt, always check the Uniform Resource Locator (URL) address provided in
your browser to see if you are still in our Site or have moved to another site. This Site is not
responsible for the content or practices of third party sites that may be linked to our Site. When our
Site provides links or references to other websites, no inference or assumption should be made and no
representation should be inferred that our Site is connected with, operates or controls those websites.
Any approved link must not represent in any way, either explicitly or by implication, that you have received the
endorsement, sponsorship or support of this Site or endorsement, sponsorship or support our Site employees,
agents or directors.
Restrictions on Use of Our Online
Materials. All online materials on the Site, including,
without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are
owned and controlled by the Site or their owners. You, the visitor, may download online materials for
non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you
make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association
with any of our products, services, events or brands, and 4) you do not download quantities of materials to a
database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get
our written permission from this Site first. Neither may you add, delete, distort or misrepresent any
content on this Site. Attempts to modify any online material, or to defeat or circumvent our security features is
prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the
software, and all data accompanying it, is considered licensed to you by the Site or third-party
licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That
means that we retain full and complete title to the software and to all of the associated intellectual property
rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to
Us. All remarks, suggestions, ideas, graphics, comments,
or other information that you send to our Site - other than information we promise to protect under our
privacy policy - becomes and remains our property, even if this agreement is later terminated. That means that we
don’t have to treat any such submission as confidential. You cannot sue us for using ideas you submit. If we use
them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate
to the Site mission, without compensating you or anyone else for them. You acknowledge that you are
responsible for any submission you make. This means that you (and not we) have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
Limitation of
Liability. The Site WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE "SITE". THESE INCLUDE (BUT ARE NOT LIMITED
TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE "SITE"
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR "SITE"
- FAILURE OF OUR "SITE" TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
- ERROR ON OUR "SITE"
- OMISSION ON OUR "SITE"
- INTERRUPTION OF AVAILABILITY OF OUR "SITE"
- DEFECT ON OUR "SITE"
- DELAY IN OPERATION OR TRANSMISSION OF OUR "SITE"
- COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE
LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE
THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT,
OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY)
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR SITE.
Termination of This
Agreement. This agreement is effective until
terminated by either party. You may terminate this agreement at any time, by destroying all materials
obtained from the Site, along with all related documentation and all copies and installations. The
Site may terminate this agreement at any time and without notice to you, if, in its sole judgment, you
breach any term or condition of this agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Site, we do not in any way promise that the materials will remain
available to you. The Site is entitled to terminate all or any part of any of its website without
notice to you.
Jurisdiction and Other
Considerations. If you use our Site from locations outside
of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall
be governed by, construed and enforced in accordance with the laws of the State of Kentucky, as it is applied to
agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner
violated or threatened to violate the Site and/or its affiliates' intellectual property rights, the
Site and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in
the State of Kentucky, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as
follows: If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Kentucky. Any
costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it
proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Kentucky, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to
do so. We (the Site) may modify these Terms of Use, and the agreement they create, at any time, simply by
updating this posting and without notice to you. This is the entire agreement for your use of this
Site.
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