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Kepler's Terms of Use

 

Kepler’s Terms of Use-

This Terms of Use (“Terms of Use”) governs Kepler’s Books & Magazines’ (“Kepler’s” or “we” or “us”) web site located at www.keplers.com (“Kepler’s Site”). By accessing the Kepler’s Site, you agree to be bound by the following Terms of Use. All users of the Kepler’s Site should read and understand these Terms of Use. If you do not agree to these Terms of Use, please do not use the Kepler’s Site.

You understand and agree that the Kepler’s Site is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Kepler’s Site or any other client software. The opinions expressed on the Kepler’s Site are not necessarily the opinions of us and may or may not be accurate. We reserve the right to modify, suspend or discontinue the Kepler’s Site with or without notice at any time and without any liability to you.

Changes to Terms of Use

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Kepler’s Site after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

Ownership of Content

The Kepler’s Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”). Kepler’s or other individuals or entities may own this Content. You may use the Kepler’s Site and the Content offered on the Kepler’s Site only for your own personal purposes. Other than as permitted on the Kepler’s Site, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Kepler’s Site or any portion of it. You may use Content offered for downloading, for personal use only and subject to the rules that accompany that particular Content. In the event of any permitted copying, redistribution or publication of material from the Kepler’s Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. You may not use the Content in a manner that exceeds the rights granted for your use of the Content.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Kepler’s Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

You shall not make available on the Kepler’s Site any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any content made available on Kepler’s Site.

Policy on Proper Use of Kepler’s Site

You agree that you are responsible for your own use of the Kepler’s Site. You agree that you will use the Kepler’s Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Kepler’s Site in order to (a) determine whether a violation of these Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Kepler’s Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Kepler’s Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Account Usage

You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests.

You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person, (ii) use a user name or e-mail address of anyone else without authorization, (iii) use a username in violation of the intellectual property rights of any person or (iv) use a user name that we consider to be offensive.

Kepler’s reserves the right to expel users and prevent their further access to the Kepler’s Site for violating these Terms of Use.

Monitoring

We have the right, but not the obligation, to monitor the content of the Kepler’s Site to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. You acknowledge and agree that neither us nor any of our affiliates assume or have any liability for any action or inaction by us with respect to any conduct within the Kepler’s Site or any communication on the Kepler’s Site.

Users of the Kepler’s Site may notify us of information on the Kepler’s Site that violates these Terms of Use. If notified by a user of communications which allegedly do not conform to these Terms of Use, Kepler’s may, but has no obligation to, investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. Kepler’s has no liability or responsibility to users for performance or nonperformance of such activities.

Links to External Sites

The Kepler’s Site may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Kepler’s Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

Privacy

We collect personal information on the Kepler’s Site, which is subject to the terms of our privacy policy

Disclaimer of Warranties

Kepler’s is providing information and services on the Internet as a benefit and service. We provide the Kepler’s Site “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the Kepler’s Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE KEPLER’S SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE KEPLER’S SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE KEPLER’S SITE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KEPLER’S SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE KEPLER’S SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A US REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE KEPLER’S SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE KEPLER’S SITE EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD OR, IN THE EVENT THAT YOU HAVE NOT PAID MEMBERSHIP FEES, $60.00. WE, OUR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE KEPLER’S SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE KEPLER’S SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE KEPLER’S SITE BY ANYONE OTHER THAN AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE KEPLER’S SITE SITE AND/OR ANY POSTINGS ON THE KEPLER’S SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE KEPLER’S SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates and other subsidiaries, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Kepler’s Site or from any breach of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Choice of Law

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.