Legal

AGREEMENT TO USE Michael G Kessler & Associates, Ltd. Websites

PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY BEFORE USING THESE SITES. By using these Sites (as hereinafter defined), you signify your assent to these terms. If you do not agree to these terms, please do not use the Sites.

RESTRICTIONS ON THE USE OF MATERIALS

These Sites are owned and operated by Michael G. Kessler & Associates, Ltd. (referred to as Kessler, we, us, or our herein). No material from investigation.com or any Web site owned, operated, licensed or controlled by Kessler (Sites) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Kessler’s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.

In the event you download software from these Sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by Kessler. Kessler does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Kessler retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

NO LICENSE

Except as expressly provided otherwise by Michael G. Kessler & Associates, Ltd., nothing within any of the services offered or provided by Michael G. Kessler & Associates, Ltd. may be construed as conferring any license under any of Michael G. Kessler & Associates, Ltd.’s or any third party’s intellectual property rights.

TRADEMARKS

“Kessler International”, “Kessler”, “Web.Sweep”, “News.Sweep”,” Brand.Sweep”, “Setting the Standard”, “A Higher Standard Of Excellence”, “Market Check”, “Because There Is A Difference”, “Brand Protectors”, “Accountants Look At The Numbers. Forensic Accountants Look Behind The Numbers”, “Behind The Numbers”, “K-Ferret”, “K-Smart”, “Internet Monitoring At A Higher Level”, “Setting The Standard For Investigative Excellence”, “Turn Your Questions Into Answers”, “Fraudbusters”, “CopyShield”, “We Look Beyond The Obvious”, “Precise, Accurate, And Complete”, “The Kessler Notebook”, “The Kessler Report”, “Leading The Way In Integrity and Innovation”, “Corruption Hunter”, “Corporate Investigative Strategies”, “Where lies go to die”, “Daunting Questions, Definitive Answers”, “Every client deserves red carpet service. It’s how we do business.”, “Digital Piracy Cops”, “Digital Piracy Detectives”, “Digital Piracy Investigations”, “Digital Piracy Investigators”, “Digital Piracy Sleuths”, “IP Cyber Cop”, “IP Cyber Crime Investigations”, “IP Cyber Hero”, “IP Cyber Investigation”, “IP Cyber Investigation Online”, “IP Digital Investigation”, “IP Internet Cop”, “IP Internet Investigations”, “IP Media Cop”, “IP Net Cop”, “IP Online Investigation”, “IP Piracy Investigations”, “IP Web Cop”, “IP Web Investigation”, “IP Cyber Detective”, “TM Watchdogs”, “The Solution is Clear”, The Question Mark/Exclamation Point Logo and the Kessler International Logos are trademarks and/or service marks of Michael G Kessler & Associates, Ltd., “Forensic Accountants look behind the numbers”, “Don’t let your brand be hijacked.”, “Because every byte of data matters.”, “Turning your questions into answers.”

All of the above-listed marks and all other marks that appear throughout www.investigation.com belong to Michael G. Kessler & Associates, Ltd. or their respective owners, and are protected by U.S. and international copyright and trademark laws. Use of any of the marks appearing on www.investigation.com without the express written consent of Michael G. Kessler & Associates, Ltd. or the owner of the mark, as appropriate, is strictly prohibited.

SUBMISSIONS

Kessler appreciates hearing from its customers and welcomes your comments regarding Kessler services, including Kessler’s on-line services. However, Kessler’s company policy does not allow it to accept or consider creative ideas, suggestions, inventions or materials other than those it has specifically requested. Accordingly, we must insist that you do not send us any original creative materials, inventions or ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, inventions, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the Information), the Information shall be deemed, and shall remain, the property of Kessler. None of the Information shall be subject to any obligation of confidence on the part of Kessler and Kessler shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Kessler shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

CONTESTS

All participants in any games, quizzes, contests or other such activities contained on any Kessler Sites must be eighteen (18) years of age or older to enter.

JURISDICTIONAL ISSUES

These Sites are controlled and operated by Kessler from its offices within the State of New York, United States of America. Kessler makes no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access these Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from these Sites is further subject to United States export controls. No software from these Sites may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country subject to United States export control restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Kessler Site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Kessler if in Kessler’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all other Kessler Site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Kessler reserves the right to alter or delete material from these Sites at any time and may, at any time, revise the terms of this Agreement by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms of Agreement.

DISCLAIMER

These Sites may from time to time contain information relating to various legal issues. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own attorney. You should not use the information contained herein to help represent yourself. You should always consult your own attorney.

While Kessler uses reasonable efforts to include accurate and up to date information in its Sites, Kessler makes no warranties or representations as to its accuracy. Kessler assumes no liability or responsibility for any errors or omissions in the content of Sites. Kessler has not reviewed all of the sites that may be linked to its Sites, and is not responsible for the content of any off-Site pages or any other sites linked to these Sites. Your linking to any off-Site pages is at your own risk.

Although Kessler may from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and other dialogue (Dialogue) on its Sites, Kessler is under no obligation to do so and assumes no responsibility or liability arising from the Dialogue contained in its Sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within its Sites. Kessler does not monitor or review the content of any off-Site pages or any other sites linked to its Sites and assumes no responsibility or liability arising from the contents of such off-Site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained therein.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.

THE MATERIALS IN THIS SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KESSLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KESSLER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KESSLER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KESSLER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Kessler provides the contents of its Sites for informational purposes and for your general interest and entertainment only. By using the Sites you hereby agree not to rely on any of the information contained herein. Under no circumstances, including, but not limited to, negligence, shall Kessler be liable for your reliance on any such information nor shall Kessler be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in these Sites or the materials in any sites linked to these Sites, even if Kessler or a Kessler authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Kessler’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing these Sites.

EMAIL PRIVACY POLICY

This policy demonstrates our firm commitment to your privacy and the protection of your information.

Why did you receive an email from us?
If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

How we protect your privacy
We use security measures to protect against the loss, misuse and alteration of data used by our system.

Sharing and Usage
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.

How can you stop receiving email from us?
Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, E-Mail Kessler International with your comments for review.

OTHER

This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.