Terms & Conditions
Terms and Conditions for Kelly, Scott & Madison, Inc. Web Site
Welcome to Kelly Scott & Madison, Inc.’s ("KSM") web site ("Site"). KSM encourages you to visit to this Site. Access to this Site is governed by these Terms and Conditions ("Terms"). Please read these Terms carefully because by accessing or using our Site in any way you are agreeing to comply with the Terms.
User’s Rights in the KSM Site
KSM does not grant any rights to the visitors of its Site. KSM will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
Providing KSM with Information
Submissions to KSM
You agree not to propose, post or submit to KSM ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to KSM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to KSM the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that KSM is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against KSM for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to KSM, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
Updates and Changes to the Terms or to the Site
We may update the Terms from time to time. The amended Terms will automatically become effective once they are posted on the Site. You should review these Terms from time to time for applicable changes. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. KSM may, in its sole discretion, and at any time, discontinue the KSM web site or any part thereof, with or without notice.
All content on the Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Content") is the property of KSM. KSM’s content is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by KSM subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
You agree not to display or use any Content or third party content located on the Site without the prior permission of KSM or of the third party. You agree not to use KSM’s Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits KSM, that dilutes the strength of KSM's property, or that otherwise infringes KSM's intellectual property rights. You further agree to in no other way misuse any Content that appears on the web site.
Representations and Limitations of Liability
KSM makes no representations about the reliability of the features of the Site, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. KSM makes no representations regarding the amount of time that any Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KSM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. NOR SHALL KSM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KSM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL KSM'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold KSM, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
KSM´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
General Practice Regarding Use and Storage
You acknowledge that KSM may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings, newsletters or other Content will be retained by the Site. Your use of this Site constitutes your consent to allow KSM to store electronic communications on its servers. You agree that KSM has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You further acknowledge that KSM reserves the right to modify these general practices and limits from time to time.
KSM may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of KSM.
Choice of Law and Related Matters
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois and, where applicable, the United States Code. You agree that any legal action or proceeding between KSM and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Northern District of Illinois. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. These terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.