Terms and Conditions of Use 2017-06-05T22:06:09+00:00

Terms & Conditions

Please read these terms and conditions carefully before using this Web site.

This Web site (“Site”) is provided by Michael Kulwiec DesignLab (“MKDL”) for informational purposes only. By using the Site or downloading information or materials from the Site, you agree to abide by all of the terms and conditions set forth below (“Terms and Conditions of Use”). If you do not agree to abide by these Terms and Conditions of Use, please exit the Site now.

Intellectual Property Rights – Limited License

Subject to these Terms and Conditions of Use, MKDL grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information and materials provided on the Site (collectively referred to as “Information”). You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

MKDL authorizes you to view and download the Information only for your personal use. This authorization is not a transfer of title in the Information or any copies of the Information and is subject to the following restrictions: 1) you must retain, on all copies of the Information downloaded, all copyright, trademark, logo and other proprietary notices contained in the Information; 2) you may not modify the Information in any way or reproduce or publicly display, distribute or otherwise use the Information for any public or commercial purpose; and 3) you may not transfer the Information to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Information, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, MKDL does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Submission of Information

You agree not to send any confidential or proprietary information to MKDL via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to MKDL will not be considered confidential or proprietary. By providing any such information or materials to MKDL, you grant to MKDL an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publish, transmit and distribute such information and materials, and you further agree that MKDL is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to MKDL. You further understand and acknowledge that MKDL does not want you to, and you warrant that you shall not, provide any information or material to MKDL that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary information or material of any other party. Any personally identifiable information you may provide to MKDL via the Site is protected by the Privacy Policy associated with the Site.

Third Party Links

As a convenience to you, the Site may include links to Web sites operated by other entities. If you access or use these linked Web sites, you will leave the Site. If you decide to visit any linked Web site, you do so at your own risk. MKDL makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked Web sites or any information appearing on, products or services described on, or security or privacy practices employed by such linked Web sites. Links do not imply that MKDL or the Site sponsors, endorses, is affiliated or associated with the entities operating the linked Web sites, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Web site is authorized to use any trademark, trade name, logo or copyright symbol of MKDL. MKDL is not responsible for the content, security, or privacy practices employed by other Web sites.

Disclaimer and Limitation of Liability

THE SITE AND THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. MKDL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANYTHING ON THE SITE OR THE RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. MKDL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. MKDL MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE INFORMATION AT ANY TIME WITHOUT NOTICE.

THE SITE AND THE INFORMATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL MKDL OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION CONTENT, INFORMATION OR FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, EVEN IF MKDL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Site Availability and Changes

The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. MKDL cannot predict or control when such downtime may occur and cannot control the duration of such downtime. MKDL may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. MKDL may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. MKDL may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to destroy all Information.

Forward-Looking Statements

Our Web site may contain forward-looking statements, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, and therefore readers should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside our control. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.

Changes to these Terms and Conditions of Use

MKDL reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes to these Terms and Conditions of Use will be effective immediately upon being posted on the Site. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of such changes.

International Users and Choice of Law

The Site is controlled, operated and administered from offices within the United States of America. MKDL makes no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to the Site or the Information from territories where the content of the Site is illegal is prohibited. You may not use the Site or export the Information in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.

These Terms and Conditions of Use and the Privacy Policy shall be governed by the laws of the State of California , U.S.A., without giving effect to its conflict of laws provisions.