Restrictions on Use of Materials
Materials in this Website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of the Company or of other owners used with their permission.
Any information provided by the Company is for your personal use only and may not be used for commercial use. You may not alter, reproduce, exhibit, copy, license, publish, transfer or sell information or services from the Company or the Website without the express written consent of the Company.
Database Ownership, License, and Use
The Company warrants, and you accept, that we are the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.KellyCrews.com. The Company and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
The Company grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from the Company’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download Products or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
You represent that all information you provide to the Company is correct and truthful. You may not access any other user’s information such as other member’s usernames, passwords, etc. The Company is not responsible for any false information or misrepresentations provided by you or other users.
Soliciting the Website users is strictly prohibited. You may not access the files held solely for the Company. The Company will take legal action against any entity soliciting the users of the Website. The Company is not responsible for the actions of its users.
Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of Products are set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice. All Products purchased from the Company are for your private, non-commercial use and may not be resold, republished or retransmitted.
With respect to Products offered for sale by the Company and third parties through the Website (including Series products), additional terms and conditions, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies, and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of Products and acceptance of orders by the company. The Company reserves the right to reject any order. The Company does not warrant that product descriptions, prices, or other content on the Website is accurate, complete, reliable, current, or error free. The Company has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on the Website is not as described, the sole remedy is to return it for a refund.
Subscriptions or Series
Certain Products or subscription services offered by the Company consist of series or subscription periods. The following terms and conditions shall apply in the event that you order any Products or subscription services that are part of a series offered by the Company on the Website (a “Series”): The Series will automatically continue to be delivered to you until the Company receives notification of termination from you. You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each segment of the Series or each Subscription period according to the terms of the Series chosen by you. Your credit card will be charged upon delivery or as applicable to the subscription. The Company shall have the right at any time to impose, change, or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Series or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website or notification by electronic or conventional mail. If any such change is unacceptable to you, your sole remedy shall be to terminate your subscription to the Series. Any acceptance of a Product in a Series by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software, or services.
In the event that the service is not functioning correctly, please contact a Kelly Crew Realty representative at customerservice@KellyCrews.com. The Company is focused on providing the best possible customer experience. We will reply promptly in order to address your question or concern
Facts and information at this Website are believed to be accurate at the time they were placed on the Website. Changes may be made at any time without prior notice. All data provided on this Website is to be used for information purposes only. The information contained on this Website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this Website are only offered in jurisdictions where they may be legally offered. Information provided in our Website is not all-inclusive, and is limited to information that is made available to the Company and such information should not be relied upon as all-inclusive or accurate.
The Company shall have no liability for its forecasts, projections or other statements. The Company shall have no liability for special or consequential damages, foreseeable or not, regardless of whether such damages result from the failure or inadequacy of any exclusion or other remedy.
THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMAPANY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of the Company and its subsidiaries and affiliates at this Website, do not imply the endorsement or approval of such websites, products, services or publications by the Company or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Website may constitute trade names, trademarks or service marks of the Company or of other entities. The display of trademarks on this Website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from the Company, and all information to which you have access through password-protected areas of the Company’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Age and Geographical Requirements
You must be at least 18 years of age to use this Website. If you, your parent, or guardian has any concerns please feel free to contact us.
Compliance with Law
You agree that you will use the Website and any Products ordered thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances, or international laws, if applicable and will not take any action that harms or violates the rights of any person or entity.
You agree to indemnify, hold harmless and, upon request, defend, the Company, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of this Website, content you transmit to this Website, your violation of any rights of another, or your breach of these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of the Company.
Amendment of the Terms
The Terms will apply to every access to http://www.KellyCrews.com. The Company reserves the right to amend these Terms from time to time at the Company’s sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes. The Company may issue revisions to these Terms by publishing a revised version of this document on this site and that version will then apply to all use by you following the date of publication. Each access of information from the Company will be a separate, discrete transaction based on the then prevailing terms.
The Terms and the license granted may not be assigned or sublet by you without the Company’s written consent in advance.
These Terms shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules.
These Terms constitute the entire agreement between you and us with respect to this Website, and supersede all other communications, written or oral, with regard to the service.
To the extent you have in any manner violated or threatened to violate the Company and/or its affiliates’ intellectual property rights, the Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: San Diego, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: San Diego, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
You agree that the Company may at any time without notice: Refuse to accept your orders for Products; Move or suspend any part of the Website; or refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in the Company’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires the Company to do so. The Company will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to deliver any Products, except that the Company will refund to you any amounts paid by you for Products not delivered.