These Terms and Conditions of Use (these “Terms & Conditions”) govern the terms and conditions pursuant to which you
(“Visitor”) may visit and utilize this website (“Website”). Please read this page carefully. If you do not accept the
Terms and Conditions stated herein, you are advised to exit this Website. Use of this website by anyone under 13 years
of age or outside the United States of America is prohibited. You represent that you are at least the age of majority
in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms and
Conditions and affirm that they accept this agreement and the Terms and Conditions on your behalf and bear
responsibility for your use. If you are accepting these Terms and Conditions on behalf of someone else or an entity,
you confirm that you have the legal authority to so bind that person or entity. Klybourne Holdings, LLC, an Illinois
corporation (the “Company”), its business, any of its business divisions and / or its subsidiaries, associated
companies, subsidiaries and/or related investment companies (wherever located), reserve their respective rights to
revise these Terms & Conditions at any time by updating this Website page. You should visit this page periodically to
re-appraise yourself of the current Terms & Conditions, because such Terms & Conditions are binding on you as a
Visitor and all users of this Website as a condition for use of the Website.
Website Use – www.klybourne.com
Klybourne Holdings, an Illinois limited liability company (“Company,” “we” or “us”), operates the website(s) located at klybourne.com (“Website”). By using the Website and creating an account, you agree to comply with all of the terms, conditions and notices contained or referenced herein (the “Policy”). BY USING THE WEBSITE, YOU ACCEPT THE POLICY AND AGREE TO BE BOUND BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE.1. Accessing The Website,
You are responsible for any steps necessary for you to have access to the Website. We reserve the right to shut down or change the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.2. Intellectual Property Rights
(a) The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such 1 material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company. (b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website. (c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website. (d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners3. Acceptable Website Use
Security Rules: Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation:- Accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or
- Sending unsolicited electronic mail, including promotions and/or advertising of products or services.
4. Monitoring; Termination Of Access
We have the right to (a) monitor your use of the Website, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website.5. Your Representations And Obligations
(a) You may use the Website only for lawful purposes and in accordance with this Policy. (b) You promise that: (i) you will not use the Website in any way that violates any applicable federal, state, local or international law or regulation, or for any illegal or unauthorized purpose; (ii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iii) you will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website; (iv) you will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (v) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful; (vi) you will not access or attempt to access data or files on the Website that you are not expressly authorized to access, (vii) you will not use the Website in order to transmit, distribute, store or destroy material that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful, and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.6. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: i. Your physical or electronic signature; ii. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; iii. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material; iv. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; vi. A statement that the information in the written notice is accurate; and vii. A statement,under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent to receive DMCA Notices is: Paul Gavin 843 West Adams Street Suite #707 Chicago, IL 60607 Email: [email protected] If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and may be disregarded in our sole discretion. If you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be legally liable for damages (including costs and legal fees). It is Company’s policy, in appropriate circumstances, to terminate the accounts of members or users who are repeat infringers or are repeatedly charged with infringement.7. Your Account
To access the Website, you must create a personalized, individual account. Do not share your account login information with anyone. You must not create more than one account. Your account must be in your real name, and the information listed in your account must be accurate. Businesses, colleges or other legal entities may also create an account. Such entity accounts may only be created by authorized representatives of the entity. The entity is responsible for determining which representatives have access to the account, and for any content posted to the account. Company reserves the right to delete any entity accounts that it determines, in its sole discretion, were not authorized by the actual entity. We reserve the right to restrict, limit, suspend or cancel any account that violates this Policy or any other Company policy, in our sole discretion.8. Your Content
Your account incudes the ability to post content to your personal page. Content on your personal page must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug use, violence, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, material that promotes any activities that may appear unsafe or dangerous, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Company in its sole discretion. By posting content, you represent and warrant that: (i) you have sufficient rights to post and/or use such content, (ii) the content does not and will not violate any law, statute, ordinance or regulation; (iii) the content does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (iv) the content is not and will not be defamatory, disparaging libelous, pornographic or obscene. Company reserves the right to delete any content that it deems, in its sole discretion, to be a violation of this Policy or of any other Company policy or standard. By uploading content to the Website, you grant to Company a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such content9. Links To Third Party Sites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites. The Company hereby disclaims liability for any third party’s Web site content, products, privacy policies, or security.10. Links To The Website And Social Media Features
You may link to our homepage or to your page, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Company). Subject to the foregoing, you must not:- Establish a link from any website that is not owned by you;
- Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- Link to any part of the Website other than the homepage; or
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy.