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Legal Notices and Terms of Use
This web site is owned and operated by Knollwood
Park, L.P. This page contains proprietary rights, notices, and terms of
use of this site. By using this site, you accept these terms of use. If
you do not agree to these terms of use, please do not use the site. You
may be referred to as the Licensee. The terms 'You' or 'Licensee'
includes you and any of your owners, employees, partners, independent
contractors, subsidiaries, affiliates, attorneys, agents, heirs, and
assigns. Knollwood Park may be referred to as Licensor. The terms 'Us,'
'We,' 'Website,' or 'Licensor' includes our owners, employees,
subsidiaries, independent contractors, partners, agents, attorneys, and
assigns.
Copyright Notice
© 2009 Knollwood Park, L.P., 10633 John W Elliott,
Frisco, TX 75034. All rights reserved.
Disclaimers
THE WEB SITE AND THE INFORMATION OR MATERIALS
HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. NEITHER KNOLLWOOD
PARK L.P. NOR THE COMMISSIONING AGENT MAKES ANY REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE
WEB SITE OR ITS CONTENTS. KNOLLWOOD PARK L.P. AND THE COMMISSIONING
AGENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY
USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES
THAT KNOLLWOOD PARK L.P. AND THE COMMISSIONING AGENT MAKE NO WARRANTIES
OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE
NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB
SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS;
AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, LINKS ARE PROVIDED TO
OTHER WEB SITES OVER WHICH KNOLLWOOD PARK L.P. AND THE COMMISSIONING
AGENT HAVE NO CONTROL. KNOLLWOOD PARK L.P. AND THE COMMISSIONING AGENT
PROVIDE NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE
PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB
SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST
KNOLLWOOD PARK L.P. AND THE COMMISSIONING AGENT WITH RESPECT TO SUCH WEB
SITES. EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE, NEITER KNOLLWOOD
PARK L.P., THE COMMISSIONING AGENT, NOR ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL
BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THE WEB SITE, OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR
CONSEQUENTIAL DAMAGES, COURT COSTS, ATTORNEY FEES, LITIGATION EXPENSES,
ARBITRATION FEES AND EXPENSES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF
OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND
AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Use of Content on the Site
You may view, download, and print contents from the
Site subject to the following conditions: (i) the content may be used
solely for information purposes; and (ii) the content may not be
modified or altered in any way. You may not republish, distribute,
prepare derivative works, or otherwise use the content other than as
explicitly permitted herein.
You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Knollwood Park L.P. without the
express written consent of Knollwood Park. You may not use any meta tags
or any other "hidden text" utilizing Knollwood Park's name or trademarks
without the express written consent of Knollwood Park L.P. You may not
use any Knollwood Park logo or other proprietary graphic or trademark as
part of the link without express written permission.
You do not acquire any ownership rights to any
content in the Site. Any unauthorized use terminates the permission or
license granted by Knollwood Park L.P.
Indemnification
You agree to defend, indemnify, and hold Knollwood
Park L.P., its officers, directors, employees, partners, affiliates,
agents, licensors, and suppliers harmless from and against any claims,
actions or demands, liabilities, and settlements, including without
limitation reasonable legal and accounting fees resulting from or
alleged to result from your violation of these terms and conditions.
No Assignment
You cannot assign this Agreement, or any aspect of
your rights and responsibilities.
Consent to Use Information
When you communicate with, send information to, or
provide content to Knollwood Park or our website, you grant Knollwood
Park L.P. a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright and
publicity rights you have in the content, in any manner whatsoever, in
any media now known or which may be created in the future, including in
other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this
Agreement or to take action against any other party in the event of any
breach shall not be deemed a waiver by Knollwood Park L.P. as to
subsequent enforcement of rights or subsequent actions in the event of
future breaches.
General
Knollwood Park L.P. is based in Frisco, Texas, in
the United States of America. Knollwood Park L.P. makes no claims that
the Content is appropriate or may be downloaded outside of the United
States. Access to the Content may not be legal by certain persons or in
certain countries. If you access the Knollwood Park site from outside
the United States, you do so at your own risk and you are solely
responsible for compliance with the laws of your jurisdiction. All of
the provisions of this agreement survive the expiration or termination
of the Terms and Conditions for any reason whatsoever.
Jurisdiction
You expressly agree that exclusive jurisdiction for
any dispute with Knollwood Park L.P. or in any way relating to your use
of the Knollwood Park site, resides in the Courts of the State of Texas,
and you further agree and expressly consent to the exercise of personal
jurisdiction and venue in the Courts of the State of Texas in connection
with any dispute including any claim involving Knollwood Park L.P. or
its affiliates, subsidiaries, employees, partners, contractors,
officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws
of the State of Texas, without respect to its conflicts of law
principles. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term
or condition.
Miscellaneous
(i) This Agreement contains the complete and entire
understanding and agreement between you and Knollwood Park L.P. and
supersedes any previous communications, representations, or agreements,
verbal or written, related to the subject matter of this Agreement.
(ii) This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth in writing and signed
by Knollwood Park, L.P. or permitted by this Agreement.
(iii) This Agreement may be amended by Knollwood
Park L.P. at any time and without notice, but only by amending this
Agreement as posted on this website, unless otherwise agreed to in a
writing signed by both parties.
(iv) Any amendments will become effective 30 days
after being posted on the website, unless circumstances require that a
change be immediately implemented. As a condition for this Agreement you
agree to periodically check this Agreement posted at this page.
(v) You agree that your continued use of our
product or service after that date will constitute your consent and
acceptance of the amendment.
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