DISCLAIMER OF WARRANTIES FOR MESSAGE BOARDS
YOU EXPRESSLY AGREE THAT USE OF MESSAGE BOARDS CONTAINED ON THIS WEB SITE IS AT YOUR OWN RISK. KMS SHALL NOT BE RESONSIBLE FOR ANY CONTENT FOUND ON THESE MESSAGE BOARDS. KMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. KMS MAKES NO WARRANTY THAT ITS MESSAGE BOARDS WILL BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MESSAGE BOARDS ON THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DISCLAIMER OF LIABILITY
KMS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE MESSAGE BOARDS CONTAINED ON ITS WEB SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT CONTAINED IN ITS MESSAGE BOARDS. KMS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SERVICE E-MAILS
KMS reserves the right to send Members service e-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Members´ Accounts.
INDEMNIFICATION
You agree to indemnify and hold KMS, its officers, directors, owners, agents and employees, harmless from any claim or demand, judgment, settlement, fines, costs, expenses and fees, including reasonable attorneys´ fees, made by any third party, or suffered by KMS, due to or arising out of your use of the message boards or e-mail on KMS´s web sites, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. KMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and at your cost and expense.
TERMINATION
KMS reserves the right to terminate your Account at any time for any reason, with or without notice. Once your Account is terminated, you agree not to post on the message boards, or to assist or cause another person to post messages on your behalf.
MISCELLANEOUS
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, U.S., and you agree to submit to the personal jurisdiction of the courts of the State of Illinois. In the event that any portion of the terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the message boards or e-mail contained on these web sites, or the use of these web sites, must be filed within one year after such claim or cause of action arose.
COPYRIGHTED INFORMATION
All content in these web sites are Copyright @ 1996-2001 Kable Media Services, Inc. All rights reserved. All information and material on the KMS web site is owned and protected under the copyright laws of the United States and Berne Convention. In addition, the message boards on these web sites may contain material that is owned and copyrighted by other parties. Please contact us if you believe someone has posted copyrighted information on a message board contained on these web sites that has been wrongfully copied from another individual or entity.
TRADEMARK NOTICES
Marks that appear throughout these web sites belong to Kable Media Services, Inc., or in the cases of publications, products and services, its business partners, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout these web sites without the express written permission of Kable Media Services, Inc., or the respective owner of the publication, product or service is strictly prohibited.