Below you will find our Terms and Conditions of Service. Please review the Terms carefully as they describe the services we will provide you, and other aspects of our business relationship.. We have written it in such a way that it is readable and makes sense to you. For reference purposes, the words “User”, “You”, “Your” and “Client” refers to you, the person accessing this website and accepting our Terms and Conditions of Service, and “The Company”, “Ourselves”, “We”, “Our”, and “Us”, refers to KLC Security Training Academy, LLC and KLC Security Concepts, LLC.
Agreement. By using our services and accessing our website you agree to our Terms and Conditions of Service. This Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms and Conditions of Service constitute a legally binding agreement between you and us regarding your use and access to the Site.
We reserve the right, in our sole discretion, to revise, modify, alter or otherwise update these Terms and Conditions of Service, or to change or delete any features of this Web Site, at any time, with or without prior notice to you. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms at the time of your use. You will be responsible for regularly reviewing the Terms posted to the Site. Company will not be held liable for your failure to review updated terms or for any outdated or inaccurate content posted on the site. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
Privacy. Personal Information, as defined in our Privacy Policy, and other information about you that you may submit or provide to us through this Website is subject to the Privacy Policy, which is incorporated into this Agreement. In addition, by using this Web Site you expressly consent to Company collecting Personal Information and other information about you, as more fully provided in the Privacy Policy.
Proprietary Rights. All content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Company or its subsidiaries and related entities, and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by this Agreement, is prohibited.
No Guarantee of Outcome or Results. You are retaining us for our level of expertise, dedication, and time devoted towards your particular engagement rather than a particular outcome or result. User understands that the Company will do everything legally within our means to achieve your desired outcome. However, KLC Security Training Academy, LLC and KLC Security Concepts, LLC does not make any representations regarding our ability to achieve your desired outcome and cannot guarantee a result as every case is inherently unique and it is impossible to foresee all potential impediments during the rendering of services.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company and its affiliates from and against all claims arising from or in any way related to your use of the Site and the services being rendered, any violation by you of these Terms and Conditions of Service, or any other actions connected with your use of the Site, including but not limited to any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section.
Term and Termination. These Terms of Conditions of Service will take effect at the time you begin using the Site. The Company reserves the right, with or without notice, at any time and for any reason to deny you access to the Site or to any portion thereof, refuse service, withdraw from an engagement, and to terminate these Terms. These terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate your legal relationship with us at any time by ceasing to use the Company Website, or by providing 30-days written notice to terminate an active engagement, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Site or other information which has been provided to you by Company.
Warranties Disclaimed. THE WEBSITE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “COMPANY PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, including without limitation, any representation or warranty that (i) the site content is complete, accurate, reliable or non-infringing; (ii) access to the site will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations; or (iv) company content will remain unchanged or accessible on the site. all warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of Liability with Regards to the Use of Our Site. USE OF THE INTERNET AND THE SITE IS SOLELY AT YOUR RISK AND IS SUBJECT TO, WITHOUT LIMITATION, ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. THE COMPANY SHALL NOT BE LIABLE, AND DISCLAIMS AND LIMITS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER in connection with, as a result of, or arising (i) out of the use of or inability to use the site; (ii) from any interruption in the availability of the site; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the site, or transactions entered into, through or from the site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the site; (vii) from any delay or failure of the site arising out of causes beyond company’s control; (viii) out of the use of, reference to, or reliance on, the company content; or (ix) out of any other matter relating to the site or company content. In the event that you are dissatisfied with, or dispute, these terms of use, the site and/or the company content, your sole right and exclusive remedy is to terminate your use of the site, even if that right or remedy is deemed to fail of its essential purpose. you confirm that has no other obligation, liability or responsibility to you or any other party.
Limitation of Liability with Regards to Our Services. Client expressly agrees that the Company shall not be liable to Client for any act or omission of ours which is the cause of loss or injury to Client or any third party. Notwithstanding any other provision of this Agreement to the contrary, our total liability to you arising out of any engagement we undertake with you and/or the termination hereof for any losses, claims, costs or damages arising out of any cause whatsoever, whether at law, in equity or otherwise, shall in no event exceed the total amount actually paid by you to us in respect of Services performed hereunder. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR GOODWILL, HOWEVER, CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, ERRORS OR OMISSIONS, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Confidentiality. Unless otherwise required by law, Client and Company each expressly undertake to retain in confidence and to require their respective employees and contractors to retain in confidence all information, materials and know-how exchanged in connection with this any engagement and identified as being proprietary, privileged, and/or confidential or which, by the nature of the particular disclosure, ought in good faith to be treated as proprietary, privileged, and/or confidential (hereinafter “Confidential Information”).
The Company and Client each further agree that they will make no use of such Confidential Information except as consistent with the terms and purpose of this Agreement or with the specific prior written consent of the other party.
Notwithstanding the foregoing, each party may disclose Confidential Information on a “need to know” basis to its respective legal counsel, accountants, and financial advisors.
Exclusions permitted by law. If there some jurisdictions that do not allow the exclusion or limitation of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the above limitations which are lawful in your jurisdiction will apply to you and company’s liability will be limited to the fullest extent permitted by law.
Waiver and Severability. The failure of Company to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of New York, as well as any claim that might arise between Client and Company, without regard to conflict of law provisions. Client understands that all services undertaken on your behalf by the Company will be conducted by Company in the state of New York.