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Terms Of Use

BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Important Information

You should carefully read the following Terms and Conditions. Your use of this website or purchase or use of any product provided by Andrew Kraus implies that you have read and accepted these Terms and Conditions.

Introduction

The following terms and conditions govern all use of the Andrew Kraus website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Andrew Kraus Privacy Policy).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Andrew Kraus, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Ownership

You do not claim intellectual property right or exclusive ownership to any of Andrew Kraus’ products, modified or unmodified. All products are property of Andrew Kraus. Andrew Kraus’ products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall Andrew Kraus be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use said products.

By submitting Content to Andrew Kraus, you grant Andrew Kraus a world-wide, royalty-free, and non-exclusive license to display it on Andrew Kraus. If you delete Content, Andrew Kraus will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Andrew Kraus has the right (though not the obligation) to, in Andrew Kraus’s sole discretion (i) refuse or remove any content that, in Andrew Kraus’s reasonable opinion, violates any Andrew Kraus policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Andrew Kraus’s sole discretion. Andrew Kraus will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Though every effort will be made not to include such material, Andrew Kraus may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Andrew Kraus may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Andrew Kraus disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

Andrew Kraus has reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which Andrew Kraus links, and that link to Andrew Kraus. Andrew Kraus does not have any control over those non- Andrew Kraus websites and WebPages, and is not responsible for their contents or their use. By linking to a non- Andrew Kraus website or webpage, Andrew Kraus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Andrew Kraus disclaims any responsibility for any harm resulting from your use of non- Andrew Kraus websites and WebPages.

Copyright Infringement and DMCA Policy.

As Andrew Kraus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Andrew Kraus violates your copyright, you are encouraged to notify Andrew Kraus. Andrew Kraus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Andrew Kraus or others, Andrew Kraus may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Andrew Kraus will have no obligation to provide a refund of any amounts previously paid to Andrew Kraus.

Intellectual Property.

This Agreement does not transfer from Andrew Kraus to you any Andrew Kraus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Andrew Kraus. Andrew Kraus, www.Andrew Kraus.com, the Andrew Kraus logo, and all other trademarks, service marks, graphics and logos used in connection with Andrew Kraus, or the Website are trademarks or registered trademarks of Andrew Kraus or Andrew Kraus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Andrew Kraus or third-party trademarks.

Changes.

Andrew Kraus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Andrew Kraus may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Andrew Kraus may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Andrew Kraus account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Andrew Kraus are provided ‘as is’. Andrew Kraus makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Andrew Kraus does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Andrew Kraus, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Andrew Kraus under this agreement during the twelve (12) month period prior to the cause of action. Andrew Kraus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Andrew Kraus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Andrew Kraus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.


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