1. Description of Service
Ken West & Associates is providing Visitor with information related to the administration and operation of Ken West & Associates.
2. Disclaimer of Warranties
The site is provided by Ken West & Associates on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Ken West & Associates makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Ken West & Associates shall have no liability for any interruptions in the use of this Website. Ken West & Associates disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Ken West & Associates SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Ken West & Associates SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Ken West & Associates HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Visitor agrees to indemnify and hold Ken West & Associates, subsidiaries, affiliates, officers and employees, and contract employees & consultants harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Ken West & Associates reserves the right to modify or discontinue the Service with or without notice to the Visitor.Ken West & Associates shall not be liable to Visitor or any third party should Ken West & Associates exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Ken West & Associates does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Ken West & Associates makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Ken West & Associates makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts Delaware
9. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © to Ken West & Associates, with all rights reserved, or is the property of Ken West & Associates and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ken West & Associates is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Ken West & Associates.
11. Other Terms