PLEASE REVIEW THESE TERMS OF USE (THE “TERMS”) FOR THE KIRKLAND WEDNESDAY MARKET AND KIRKLAND DOWNTOWN ASSOCIATION www.kirklandmarket.org WEB SITE (THE “SITE”). BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE THIS SITE.

Changes to Terms

Please review the Terms regularly. The Terms may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Table of Contents

  • Site Content
  • Third Party Content
  • Your Use of the Site
  • Links to Other Sites
  • User Comments and Submissions
  • Copyright
  • Trademarks
  • Privacy Policy
  • Disclaimers
  • Indemnification
  • Termination
  • Applicable Law
  • Miscellaneous

Site Content

Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Site (the “Content”) is copyright, trademark, trade dress or other intellectual property owned or licensed by Kirkland Wednesday Market and Kirkland Downtown Association (“KWM AND KDA”). The Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the Site as a whole and any other materials at the Site.

The information in this Site is provided as a courtesy by KWM AND KDA. The views and opinions of individual authors do not necessarily state or reflect those of KWM AND KDA. References to specific products, processes or services do not constitute or imply recommendation or endorsement by KWM AND KDA.

If you would like to request reprints, copy or distribute materials contained on the Site, other than for noncommercial, personal use, please contact KWM AND KDA’s market manager.

Third Party Content

Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Site.

Your Use of the Site

You may use or download Content for research or educational purposes, or for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices with them. No other use of any Content is permitted unless a specific use is expressly sated as to particular Content.

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.

You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the Site (“Publish”) any materials that contain a software virus or other harmful component. You agree that you will not Publish any materials that contain advertising or commercial material of any kind. You agree that you will not Publish any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful, or that violate any rights of privacy or publicity or any trademark, copyright, patent or other rights. You are solely responsible for the content of any material you Publish. KWM AND KDA is not responsible or liable for the conduct of any person using the Site.

KWM AND KDA may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature, services or Content or any material you have Published. KWM AND KDA may restrict your access to certain features, services or Content at any time, without prior notice.

Links to Other Sites

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Any links from the Site do not constitute KWM AND KDA’s endorsement of any third party, its Web site, or its goods or services.

KWM AND KDA is not responsible for any Web sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any Web site linked to or from the Site, please direct them to the owner or operator of the Web site.

You may not create hyperlinks to the Site that portray KWM AND KDA in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site.

User Comments and Submissions

We welcome your comments regarding our Site and services. To submit your comments regarding our Site or services, e-mail them to the market manager. However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal remedy is to stop using the Site. Any comments, ideas, suggestions or other information you transmit to the Site are not confidential or proprietary. KWM AND KDA will be free to use any comment, idea, suggestion or other information you transmit to us through the Site on an unrestricted basis. This may include personal information about you and your use of the Site. Please review KWM AND KDA’s Privacy Policy for more information.

Copyright

KWM AND KDA respects the intellectual property of others. If you believe that your work has been infringed on the Site, please send a statutory notice to KWM and KDA administration office for notice of claims of copyright infringement:

[Add individual’s name if desired] Kirkland Downtown Association
440 Central Way
Kirkland, WA 98033

Trademarks

Trademarks appearing on the Site are the property of their respective owners. Use of any KWM AND KDA trademark or logo is subject to the prior written permission of KWM AND KDA Members of the Board of Directors.

Privacy Policy

KWM AND KDA has a Privacy Policy that describes how we collect information from you or about you, why we collect this information, how we will use or disclose this information. In addition, KWM AND KDA’s Privacy Policy sets forth our general policies on information security. To review KWM AND KDA’s Privacy Policy, click here.

Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KWM AND KDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. KWM AND KDA PROVIDES THIS SITE, ALL CONTENTS, ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE “AS IS.” KWM AND KDA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE.

KWM AND KDA WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF KWM AND KDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. KWM AND KDA does not warrant that your use of the Site, the operation or function of the Site, or any services offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. KWM AND KDA does not make any representations regarding the currency, accuracy or reliability of information on the Site.

Indemnification

You assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that KWM AND KDA will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services.

You agree to defend, indemnify and hold harmless KWM AND KDA and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site in violation of any of the Terms.

Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to KWM AND KDA will continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.

Applicable Law

The Terms will be construed according to Washington State law, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and federal courts of the State of Washington. Your use of the Site constitutes your consent to the jurisdiction and venue of such courts with respect to any such dispute.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and KWM AND KDA relating to the Site. Any other agreements between you and KWM AND KDA regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.

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Privacy Policy

Updated: March 15, 2014