Terms and Conditions

Website Terms & Conditions

Last Modified: 04/04/2019

Acceptance Of The Terms & Conditions

These Terms & Conditions are entered into by and between you and The Kuritz Group, Inc.

(“The Kuritz Group”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), govern your access to and use of this website.

Please read the Terms & Conditions carefully before you start to use this website. By using this website and/or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use this website or participate in any program offered by this website.

Changes To The Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this website.

Your continued use of this websites following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing This Website

We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to this website.
  • Ensuring that all persons who access this website through your internet connection are aware of these Terms & Conditions and comply with them.

To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on this website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

This website and the 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 Kuritz Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms & Conditions permit you to use this website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this website, without prior written permission from The Kuritz Group. Any use of this website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Kuritz Group name, The Kuritz Group logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Kuritz Group. You must not use such marks without the prior written permission of The Kuritz Group. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Prohibited Uses

You may use this website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use this website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms & Conditions.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate The Kuritz Group, a The Kuritz Group employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm The Kuritz Group, users of this website, or our social media pages or expose them to liability.

Additionally, you agree not to:

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which this website is stored, or any server, computer, or database connected to this website.
  • Otherwise attempt to interfere with the proper working of this website.

User Contributions

This website may contain links to third party social media pages organized by The Kuritz Group that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). Any User Contribution you post to our social media pages will be considered non-confidential and non-proprietary. By providing any User Contributions on our social media pages, you grant us, our affiliates, and service providers, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms & Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not The Kuritz Group, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this website. All User Contributions must comply with the Content Standards set out in these Terms & Conditions.

Monitoring And Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this website or the public, or could create liability for The Kuritz Group.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this website.
  • Terminate or suspend your access to all or part of this website for any or no reason, including without limitation, any violation of these Terms & Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this website or on a social media page organized by The Kuritz Group. You agree to waive and hold harmless The Kuritz Group, its affiliates, and service providers from any claims resulting from any action taken by The Kuritz Group and any of the foregoing parties during, or taken as a consequence of, investigations by either The Kuritz Group or law enforcement authorities.

However, we cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales[h2] , such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you are provided with access to one of our social media pages you will also be subject to the Content Standards of our Community Policy, and should review this policy prior to accessing our social media pages. You will also be subject to that social media platform’s Terms &Conditions and Privacy Policy and The Kuritz Group does not control and is not liable for any Personal Data that platform collects from you.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this website or social media pages infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to the address listed below in Contact Information. It is the policy of The Kuritz Group to remove and in the future reject submissions from any infringer.

Reliance On Information Posted

This website and our social media pages may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Kuritz Group, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Kuritz Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

Changes To This Website

We may update the content on this website from time to time, but the content is not necessarily complete or up-to-date. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.

Information About You And Your Visits To This Website

All information we collect on this website is subject to our Privacy Policy. By using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases

When submitting a title for consideration of an award certain fees apply. To learn about the guidelines and fees for submitting a title please see our Guidelines page.

All purchase made through this website are conducted through third parties. To learn about how your financial information is handled please review our Privacy Policy.

Links From This Website

If this website or our social media pages contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those 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 of the third-party websites linked to this website or social media pages, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.

Geographic Restrictions

The Kuritz Group is based in the United States. We provide this website for use only by persons located in the United States. We make no claims that this website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer Of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, this website, or our social media pages will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this website or any services or items obtained through this website or to your downloading of any material posted on it, or on any websites linked to it.

To the fullest extent provided by law, The Kuritz Group hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation On Liability

To the fullest extent provided by law, in no event will The Kuritz Group, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, this website, any websites linked to it, any content on this website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless The Kuritz Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of this website or our social media pages, including, but not limited to, your User Contributions, any use of this website’s content, services, and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from this website.

Governing Law And Jurisdiction

All matters relating to this website and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or this websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At The Kuritz Group’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & Conditions or this website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver And Severability

No waiver by The Kuritz Group of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Kuritz Group to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

Entire Agreement

The Terms & Conditions, our Privacy Policy, Guidelines, and our Community Policy constitute the sole and entire agreement between you and The Kuritz Group regarding this website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this website.

Contact Information

To ask questions or comment about these Terms & Conditions and our privacy practices, contact us at:

The Kuritz Group, Inc.
PO Box 178122
San Diego, CA  92177