Terms of Service
Effective Date: October 19, 2021
Acceptance of the Terms of Service
The following terms and conditions together with any documents referred to in them (“Terms of Service”) apply to your use of the Kimball Anderson (“we” or “us”) website, kimballanderson.com (the “Website”), including any content, functionality and services offered on or through it.
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to abide by these Terms of Service and our Privacy Policy, incorporated here by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must exit the Website.
Changes to the Terms of Use
We may revise and update these Terms of Service from time to time at our sole discretion. The “Last Modified” date will reflect the most recent changes to our Privacy Policy and these Terms of Service respectively. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding. All material changes will apply prospectively only. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
Legal Notice
Information obtained from the Website, social media, or blog posts is intended for informational purposes only and does not constitute legal advice. Information from the Website, social media, and blog posts is not intended to create an expectation that the same results could be obtained for others with similar legal matters. Nothing on the Website should be taken as legal advice for any case or situation. Please consult an attorney for advice around personal situations.
The content sent to us through social media or e-mail will not create an attorney-client relationship and will not be treated as confidential information. Please refrain from sending confidential, personal information through our website form. The attorney-client relationship will not be legally binding until you have retained one of our attorneys.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up to date. We may change the Website at any time with or without notice. We may suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Website
To use the Website, you represent and warrant that you are of legal age to form a binding contract with us.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Website in our sole discretion without notice. 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service, and that they comply with them.
Privacy Policy
We collect and use information about you in accordance with our Privacy Policy. By using the Website, you consent to such collection and use, and you represent and warrant that all data provided by you is accurate.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
In any way that violates any applicable federal, state, local and 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 transmit, or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate us or related employees, people, or entities (including, without limitation, the use of e-mail addresses or phone numbers associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the us or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
Use any robot, spider or other automatic device, process or means to access the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Links to Other Websites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. 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, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you post screenshots of the Website without our consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Intellectual Property
All pages within the Website are the property of Kimball Anderson and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Kimball Anderson.
You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer. You must not copy, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on our site without the prior written consent of the Company, except to:
Store copies of such materials temporarily in RAM.
Store files that are automatically cached by your Web browser for display enhancement purposes.
Print a reasonable number of pages of the Website for a permitted use.
Repost on social media
If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by Kimball Anderson. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Warranty Disclaimers
You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific 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.
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 the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither us nor any person associated with Kimball Anderson makes any 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 represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
In no event will the collective liability of Kimball Anderson, its affiliates and its licensors, service providers, employees, agents, officers and 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, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the 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 which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless Kimball Anderson, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City and the County of Salt Lake, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms of Service by Kimball Anderson shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court 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 of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Kimball Anderson with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
The Website is operated by Kalaw, LLC d/b/a Kimball Anderson, a Utah limited liability company located at 649 E. South Temple, Floor 2, Salt Lake City, UT 84102.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@kimballanderson.com.