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This Terms of Use Agreement
(“Agreement”) is between you (“User”) and the Foundation.
If you access and use material from this Web Site at helpkevinwalk.org
(“Web Site”), other than your first reading of this Agreement, you
agree that you will comply with the terms and conditions herein, which
may be amended, from time to time. Your
continued use of this Web Site constitutes the acceptance of the terms
and conditions as they exist each time you use it.
This Web Site is available only to those who agree to all the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration
of User's right to access this Web Site and the covenants and agreements
herein contained, User and Foundation agree as follows:
1. User Conduct.
User agrees that the information accessed herein will be used
only for User’s personal purposes. User
acknowledges and warrants that it will not make any unauthorized use of
this Web Site or any information or content posted on this Web Site,
without the express written permission of the Foundation.
User agrees not to distribute or otherwise communicate any
content which defames, abuses or threatens others, which is hateful or
racially offensive, or which contains vulgar, obscene or indecent
language or images, or which infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party.
The Foundation cannot and does not guarantee or warrant that files
available for downloading from this online site will be free of
infection by viruses, worms, Trojan horses or code that manifest
contaminating or destructive properties, nor that the Web Site will be
error-free or uninterrupted.
2. Limitation of
Liability. User
agrees that the Foundation shall not be liable for any loss or damage
(direct, indirect, punitive, actual, consequential, incidental, special,
exempt, or otherwise) resulting from any use of, or inability to use,
this Web Site, or resulting from any errors or omissions in the Content
of this Web Site, regardless of the basis upon which liability is
claimed, even if advised by the Foundation of the possibility of such
loss or damage. This limitation
is subject to the provisions of any applicable law that may restrict its
scope.
3. Disclaimer of Warranty.
The Foundation makes no warranty that this Web Site will meet
User’s requirements, or that it will be uninterrupted, timely, secure,
or error-free; nor does the Foundation make any warranty as to the
results that may be obtained from the use of this Web Site or as to the
accuracy or reliability of any information obtained through the
Foundation.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT OBTAINED THROUGH THE USE OF
THIS WEB SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER’S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
ALL MATERIALS PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS”
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL, PROPERTY, OR
FITNESS FOR A PARTICULAR PURPOSE. IN
NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE FOUNDATION HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Binding Effect.
The terms of this Agreement shall be binding upon and inure
to the benefit of the parties hereto, their heirs, personal
representatives and assigns.
5. Applicable Laws.
This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania.
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