Terms of Use
Read this Terms of Use Agreement before accessing Web site.
Effective Date: This Terms of Use Agreement was last updated on September 20, 2010.
This Terms of Use Agreement sets forth the standards of use of kevinpnichols.com. By using the kevinpnichols.com web site you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at kevinpnichols.com web site. Your continued use of the web site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Kevin P. Nichols is providing the User with thought leadership. User must:
- Provide all equipment necessary for their own Internet connection, including computer and modem and
- Provide User’s access to the Internet, and
- Pay any fees relate with such connection
Disclaimer of Warranties
The site is provided by Kevin P. Nichols on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kevin P. Nichols 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. Kevin P. Nichols shall have no liability for any interruptions in the use of this Web site. Kevin P. Nichols 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.
Limitation of Liability
Kevin P. Nichols SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Kevin P Nichols 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 Kevin P. Nichols 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.
Indemnification
User agrees to indemnify and hold Kevin P. Nichols, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Web site, the violation of this Agreement, or infringement by User, or other user of the Web site using the User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Kevin P. Nichols reserves the right to modify or discontinue the Web site with or without notice to the User. Kevin P. Nichols exercise his right to modify or discontinue the Web site. User acknowledges and accepts that Kevin P. Nichols does not guarantee continuous, uninterrupted or secure access to the Web site and operation of the Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You, the User, acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
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 Kevin P. Nichols makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this web site
Kevin P. Nichols makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you, the User, acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts Massachusetts
Our Web site is operated and provided in the State of Massachusetts. As such, we are subject to the laws of the State Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Massachusetts.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Web site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User 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.
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 ©2010 Kevin P. Nichols, will all rights reserved, or is the property of Kevin P. Nichols and/or third parties protected by intellectual property rights. Any use of materials on the web site, 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 Kevin P. Nichols is strictly prohibited except where specified in our Copyright and Reprint Policy. Members 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 Kevin P. Nichols.
Kevin P. Nichols and “kpn digital | interactive”, are proprietary marks of kevinpnichols.com. Trademarks may not be used in connection with any product or service that is not provided by Kevin P. Nichols, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kevin P. Nichols.
All other trademarks displayed on the kevinpnichols.com Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Kevin P. Nichols.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, kevinpnichols.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Kevin P. Nichols
15 Wheeler Ave #3
Medford, MA 02155
Botnets
Kevin P. Nichols retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Kevin P. Nichols reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kevin P. Nichols, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].