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
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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 owners
3. 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.
Violations of system or network security may result in civil or criminal liability. The Company
and/or its affiliated and associated entities, have the right to investigate occurrences suspected of
involving such violations and have the right to involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
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 content
9. 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.
The website from which you are linking, or on which you make certain content accessible, must
comply in all respects with any content standards determined by the Company in its sole
discretion. You agree to cooperate with us in causing any unauthorized framing or linking to
cease immediately. We reserve the right to withdraw linking permission without notice. We may
disable all or any social media features and any links at any time without notice in our sole
discretion.
You may integrate your account with other social media programs or third-party websites using
APIs and tools provided by the Website or other social media or third-party sites, provided that
such integration complies with (a) the Company’s Policy, and (b) any applicable terms of use of
the social media program or third-party website.
11. Indemnity
Visitor unilaterally agrees to indemnify and hold harmless, without objection, the Company, its
affiliates and associated entities, each of their respective officers, directors, managers,
employees, stakeholders and agents (collectively, the “Company Indemnitees”) from and against
any claims, actions, demands, liabilities, losses and/or damages whatsoever due, arising or
resulting from such Visitor’s use of the Website and/or breach of these Terms & Conditions
12. Disclaimers
YOUR USE OF THE WEBSITE, OR ITEMS OR INFORMATION OBTAINED THROUGH
THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS
OR INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY PORTION
THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
13. Disclaimer Of Consequential Damages
IN NO EVENT SHALL COMPANY OR ANY COMPANY INDEMNITEES BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGE TO COMPUTER
HARDWARE OR LOSS OF DATA INFORMATION OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE
MATERIALS, INFORMATION AND OTHER DATA RELATING TO THE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT, SUCH PERSON, ORGANIZATION OR ENTITY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE
COMPANY, ITS LICENSORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE
WEBSITE, INCLUDING WITHOUT LIMITATION, THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, (B) ANY PRODUCTS, GOODS, DATA,
INFORMATION, AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE
WEBSITE, (C) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A
USER’S INFORMATION, TRANSMISSIONS OR DATA, (D) LOSS OF PROFITS OR
REVENUES, AND/OR (E) ANY OTHER MATTER RELATING TO THE USE OF THE,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT,
TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT
LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE
OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL
BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE
OF THE WEBSITE BY YOU.
If you are a California resident, you expressly waive and relinquish California Civil Code §1542,
which says: “A general release does not extend to claims that the creditor or releasing party does
not know or suspect to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with the debtor or
released party.”
We do not control or direct what people and others do or say, and we are not responsible for their
actions or conduct (whether online or offline) or any content they share (including offensive,
inappropriate, obscene, unlawful, and other objectionable content).
15. Changes
We reserve the right, in our sole discretion, to change the terms of this Policy at any time
without notice. Any changes are effective immediately upon posting to the Website. The most
current version of this Policy and terms and conditions are available at all times to you by
clicking on the link at the bottom of the Site. Your continued use of the Website constitutes your
agreement to all such terms and conditions.
16. Equitable Relief
You acknowledge that a breach of any proprietary rights provision of this Policy may cause the
Company irreparable damage, for which the award of damages would not be adequate
compensation. Consequently, the Company may institute an action to enjoin you from any and
all acts in violation of those provisions, which remedy shall be cumulative and not exclusive,
and the Company may seek the entry of an injunction enjoining any breach or threatened breach
of those provisions, in addition to any other relief to which the Company may be entitled at law
or in equity
17. Waiver And Amendment
No waiver of any right, obligation or default by the Company shall be implied, but must be in
writing, signed by an authorized agent of the Company. If the Company fails to insist upon strict
performance of your obligations under any of these terms and conditions, or if the Company
fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will
not constitute a waiver of such rights or remedies and will not relieve you from compliance with
such obligations. No waiver by the Company of any default will constitute a waiver of any
subsequent default, and no waiver by the Company of any of these terms and conditions will be
effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law,
such provision shall be changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the remaining provisions of this Policy
will remain in full force and effect.
19. Governing Law And Venue
This Policy shall be construed and governed by the laws of the State of Illinois, without regard
to its principles of conflict of laws. You agree that any legal action or proceeding in connection
with the Website, its contents, or this Policy shall be brought in the Circuit Court of Cook
County, Illinois, or, if the jurisdictional prerequisites exist, in the United States District Court for
the Northern District of Illinois, Eastern Division, and you expressly waive any objection to the
jurisdiction or venue of such courts
20. Geographic Restrictions
Software, functionality, and/or features (collectively, “Downloadable Content”), that may be
available on or through the Website from time-to-time, may be subject to United States Export
Controls. No Downloadable Content from the Website may be downloaded or exported (i) into
(or to a resident of) China, Cuba, Libya, North Korea, Iran, Iraq, Russia, Syria, or any other
country which the United States has embargoed goods or otherwise restricted the exportation of
software; or (ii) by anyone on the United States Treasury Department’s list of Specially
Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By
downloading or using any Downloadable Content, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country or on any such list.
Although the Website may be accessible worldwide, we make no representation that the content
on the Website is appropriate or available for use in locations outside the United States.
Accessing the Website or its content from territories where such content is illegal is prohibited.
Those who choose to access the Website from other locations do so at their own initiative and
are responsible for compliance with local laws. Any offer for any product, service, and/or
information made in connection with the Website or its Content is void where prohibited.
21. Complete Understanding
This Policy, together with the documents expressly referred to herein, constitutes the sole and
entire agreement between you and the Company with respect to the Website and supersedes all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Website. No representation, inducement, promise or
agreement, oral or written has been made by the Company or anyone acting on its behalf which
is not contained herein.
22. Future Business Transactions
As we continue to develop our business, we might undergo a change of ownership such as a
merger and/or a sale of all or substantially all our stock or assets. In such transactions, user
information generally is one of the transferred business assets, and by submitting any data or
contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such
parties in these circumstances.
23. Your Comments And Concerns
This Website is operated by Gavin Group Ltd., an Illinois corporation. If you have any questions,
please contact us via email at [email protected].