License to Use Website
KPI hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non sublicensable, and revocable license to use the services and/or the materials available on the Website for personal, noncommercial use only, subject to the restrictions in this Agreement. This includes printing hard copies of the material located herein solely for your lawful, personal, non-commercial-use. All other copying is prohibited.
User Submitted Testimonials
You may choose to submit testimonials or comments concerning your experience with KPI (“Testimonial”). By submitting a Testimonial, via any media or means, including, without limitation, KPI’s social media websites or accounts, you are granting KPI a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Testimonial, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Testimonial; publish your name in connection with your Testimonial; and sublicense any such rights. No compensation will be paid with respect to the use of your Testimonial as provided herein. KPI is under no obligation to post or use any Testimonial you may provide, and KPI may remove any Testimonial at any time in its sole discretion. By submitting a Testimonial you warrant and represent that you own or otherwise control all of the rights to your Testimonial including, without limitation, all the rights necessary for you to provide or submit the Testimonial. KPI does not claim ownership to the Testimonial you provide or submit to the Website. If you have any questions or comments regarding a Testimonial, including a request to remove a Testimonial submitted by you, please contact KPI at firstname.lastname@example.org. By submitting a Testimonial under your name, you are granting KPI the irrevocable right and exclusive license, in perpetuity, throughout the universe, in all means, methods, formats or media, whether now existing or hereafter devised, to use, reproduce, record, transmit, broadcast, exploit, publish, distribute, publicize, exhibit, depict, simulate, portray and otherwise exploit (collectively, “Exploit,” or “Exploitation,” as the case may be) my name, face, likeness, appearance, silhouette, personality, performance, photograph, biography, voice and musical or other sound effects produced by me (collectively, “Likeness”) for any and all purposes, and in any and all manners, in KPI’s sole discretion, including, without limitation, exploitation in connection with the advertising, promotion and sale of any and all commercial products and services, including, without limitation, on social media websites and/or accounts. For the avoidance of doubt, KPI’s rights hereunder shall include, without limitation, the right to identify my Likeness (or any reproduction, impersonation or distortion thereof) either by my own name or by pseudonym or other description and publish it in any manner and form in connection with any statements or comments or in connection with other people or entities, real or fictitious, including, without limitation, KPI has the right to tag or otherwise electronically identify me in photographs and videos posted on social media websites. I agree that KPI shall have no obligation to utilize any one or more of the rights and/or authorizations granted by me hereunder.
Liability of KPI
You agree that use of the Website and its services is at your sole risk. The Website and its services, including but not limited to all software, functions, materials, and information, are provided on an “as is” and “as available” basis. THE CONTENTS IN THIS SITE ARE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND KPI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND QUIET ENJOYMENT. KPI DOES NOT WARRANT THAT THIS SITE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DOES KPI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. IN NO EVENT SHALL KPI BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE WEBSITE, ITS SERVICES, THE MATERIALS, OR THE PRODUCTS.
The Website may provide links to other websites. KPI has no control over such sites, therefore, you acknowledge and agree that KPI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites.
Operated from within the United States
KPI operates this website from within the United States of America, and makes no claims that the contents are appropriate or may be accessed outside of the United States. Access to the contents may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.