Charlston Kentrist 41 Direct, Inc.
Terms and Conditions of Use
Effective March 15, 2006
Welcome to CK41.com. Please review these terms and conditions of use (“Terms and Conditions”), which apply to any person who accesses this website.
This website (“Site”) is provided by CK41 Direct, Inc. (“CK41” or “We,” “Our,” or “Us”) and may be used for informational purposes only. By accessing the Site or downloading or using materials from the Site, you agree to abide by the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, do not use the Site or download or use materials from the Site. You can review the most current version of these Terms and Conditions at
http://www.CK41.com/terms/.
Your Use of this Site.
We grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. We authorize you to download, view, copy and print the information (“Materials”) at this Site only for your personal, informational, non-commercial use. You agree to abide by all restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials and images, is copyrighted and protected by worldwide copyright laws and treaty provisions as well as by applicable trademark laws and treaties. You should therefore assume that everything you see on this site is protected by copyright law and that you do not have the right to make use of these materials other than the uses explicitly described in these terms and conditions. You agree to comply with all laws in your use of this Site and to prevent unauthorized copying of the Materials.
The trademarks, service marks, trade names, slogans, and logos on this Site (collectively, the “Names and Marks”) are the registered and common-law Names and Marks of CK41 Direct and others. Nothing on this Site should be interpreted as granting you a license or other permission to use any Names and Marks for any purpose without the prior written approval of CK41 Direct or such third-party owner.
If CK41 Direct allows you to post, upload, e-mail or otherwise transmit content, data, information or other materials (collectively, “User Content”) for display on the Site or otherwise, you will be responsible for all such User Content that is transmitted to or through using the Site. You hereby grant to CK41 Direct the right to use any User Content that you Transmit to the Site, subject to our Privacy Policy, in any manner CK41 Direct chooses, including without limitation copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it in other material or making a derivative work based on it, all without compensation or identifying you as the source.
Privacy and Security.
We are committed to safeguarding your privacy when you visit this Site. Our use of any personally identifiable information is set forth in our Privacy Policy, and by accessing our Site you agree to be bound by our Privacy Policy. Please be advised that while we will utilize certain tools to prevent the unauthorized access to or interception of any personally identifiable information, there can be no guarantee of security.
IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION, DESPITE OUR PROTECTIVE MEASURES, WE WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT YOU MAY SUFFER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE OR ANY INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
Disclaimers; Limitation of Liability.
You expressly agree that your use of the Site is at your sole risk. Neither CK41 Direct, nor its affiliates, nor any of our or their officers, directors or employees, agents, third-party content providers, sponsors, licensors or the like (“Providers”) warrant that the Site will be uninterrupted or error-free; nor do we or they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CK41 DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CK41 DIRECT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES SHALL CK41 DIRECT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CK41 DIRECT’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW. YOU ARE ADVISED TO BECOME KNOWLEDGEABLE ABOUT APPLICABLE LOCAL LAWS.
Reservation of Rights.
CK41 Direct shall have the right at any time and without advance notice to (i) change these Terms and Conditions, (ii) change the Site, including eliminating or discontinuing any product, service, or other Materials featured on the Site, or (iii) change any fees or charges associated with this Site or the products or services offered through this Site. In addition, CK41 Direct reserves the right, at any time and without advance notice, to change descriptions of or references to any products or services offered through the Site, or to limit the quantity on any item and/or refuse service to you. Such changes shall be effective immediately upon notice thereof, which may be given by any means in the sole discretion of CK41 Direct, including without limitation posting any such notice on the Site or transmitting via e-mail. Your use of the Site after such notice constitutes your acceptance of such changes. You agree to review these Terms and Conditions periodically to ensure that you are familiar with the most current version.
Indemnification.
You agree to indemnify, defend and hold harmless CK41 Direct, its directors, officers, employees, agents, representatives, and affiliates from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms; and/or (ii) your activities in connection with this Site.
Third-Party Sites.
As a convenience to you, CK41 Direct may provide on this Site links to websites operated by other entities, including without limitation users, advertisers, affiliates, sponsors, and vendors. If you use these sites, you will leave this Site. If you decide to visit any site you do so at your own risk and it is your responsibility to take protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. CK41 Direct makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing on such websites or any of the products or services described thereon. If you choose to purchase any product or service from a third party, your relationship is directly with the third-party. You agree that CK41 Direct is not responsible for (i) the quality of third-party products or services, and (ii) fulfilling any of the terms of your agreement with the seller, including without limitation the delivery of products and services and warranty obligations related to purchased products or services. You agree that CK41 Direct is not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links do not imply that CK41 Direct sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CK41 Direct, its subsidiaries or affiliates.
International Users and Choice of Law.
This Site is controlled, operated and administered by CK41 Direct from its offices in the United States of America. CK41 Direct makes no representation that the Materials at this Site are appropriate or available for use at locations outside of the United States and access to the Materials from territories where their content is illegal is prohibited. You may not use the Site or export the Materials in violation of United States export laws and regulations. If you access this Site from a location from outside the United States, you are solely responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.
These Terms and Conditions constitute an agreement and the entire agreement between CK41 Direct and you with respect to the use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
