2) Prohibited Use
You must be at least 18 years of age to use this website. This website is for informational purposes only. You may not use this website to violate the personal or intellectual property rights of others.
3) Warranties and Limitations on Liability
We provide the website “as is” without any express or implied warranties including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement. Project Kindness is not liable for any damages or injury caused by, but not limited to, any failure of performance, error, omission, defect, interruption in service, delay in transmission of, computer virus, or any similar loss. To the maximum extent permitted by law, we disclaim all warranties of any kind. We do not warrant that the information provided will meet any requirements or needs you may have, or that any defects or errors will be corrected in a timely fashion, nor that the information provided on the website is 100% accurate.
Project Kindness does not assume nor authorize any other person to assume for it any other liability in connection with the use of the website. We are not responsible for the actions, content, information, or data of third parties. You release us, our officers, employees, and agents from any claims and damages, unknown and known, arising out of or in any way connected with any claim you have against such parties related to use of the website or its content. We are not liable to you or any third party for any lost profits, revenue, incidental or consequential (including, without limitation, special, indirect, punitive, or exemplary damages) arising out of the ability or inability to use our website even if there has been negligence on the part of Klemchuk LLP or we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or waiver of limitation of liability. In such cases, these do not apply to you, and Klemchuk LLP claims protection under the fullest extent of the law.
Any communications or notices from you to us must be in writing, in English, and sent to the address below:
Darin M. Klemchuk
8150 N. Central Expressway, 10th Floor
Dallas, TX 75206
6) Entire Agreement
This agreement constitutes the entire agreement between you and us regarding the use of this website. If any provision of this agreement is held invalid, the remainder of this agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of this agreement does not constitute a waiver of any rights or provisions. No agency, partnership, joint venture or employment is created as a result of this agreement and you may not make any representations or bind us in any manner.
7) Governing Law
This agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using our website, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to use of this website, this agreement, or its enforcement. The parties also hereby waive any challenges to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal county in Dallas County, Texas, that relates to a dispute between the parties regarding use of the website, this agreement, or its enforcement.
8) Intellectual Property
Any trademarks or copyrights used on this website are the property of their respective owners, and Project Kindness disclaims any use of them. All rights are reserved.
Prepared by Klemchuk LLP, internet attorneys