Terms.

Terms updated on June 14, 2019

Access to KarlMohr.net, as defined below, is provided by Karl Mohr. Karl Mohr, as used for the purpose of this agreement, means Karl Mohr Media, LLC, its subsidiaries, affiliates, and licensees, as appropriate and legal, in any jurisdiction (collectively, “Karl Mohr”, “I” or “Me”). The “Karl Mohr Website” shall mean the Website available at KarlMohr.net and its sub domains, unless indicated otherwise (“Site”). The availability of my Site in a particular jurisdiction and the inclusion of a particular service or product on my Site shall not imply that I am offering this particular service or product in this particular jurisdiction. Karl Mohr provides the Site subject to the following terms and conditions (“Terms”), which you understand and agree to be the equivalent to a written and signed contract between you, a registered or non-registered user (“You”), and Me. I may periodically change these Terms without further notice, so please check back and review these Terms from time to time.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING MY SITE. EACH TIME YOU ARE ACCESSING OR USING MY SITE, YOUR DOING SO CONFIRMS YOUR FULL ACCEPTANCE AND AGREEMENT TO ABIDE BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE MY SITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEMEDY WILL BE TO DISCONTINUE USING MY SITE, IF YOU DON’T AGREE WITH THESE TERMS.

YOUR COMPLIANCE WITH THESE TERMS AND ALL OTHER AGREEMENTS, WHICH MAY HAVE BEEN INCORPORATED HEREIN BY REFERENCE, IS A CONDITION TO GRANTING YOU ACCESS TO MY SITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS WILL AUTOMATICALLY REVOKE AND TERMINATE YOUR RIGHT TO ACCESS AND USE MY SITE, WITHOUT NOTICE, AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS, AND ALL OTHER CLAIMS AND CAUSES, WHICH ARISE FROM OR RELATE TO YOUR CONTINUED USE OF MY SITE AFTER SUCH BREACH, REGARDLESS OF THE IDENTITY OF THE CLAIMANT OR INJURED PARTY.

Karl Mohr hereby grants You a limited, revocable, non-exclusive, non-transferable license for the time hereof to access, review, bookmark, download, copy and print pages or other material from my Site for your personal, non-commercial use.

You may access and use my Site, as set forth above, at your own risk, assuming exclusive and complete responsibility for your compliance with applicable laws or regulations, and decisions You may make based on information or material that is made available on my Site.

I may elect to make certain premium content available to you for download or purchase from my Site. Such premium content may be comprised of, but shall not be limited to, books, white papers, presentations, case studies or reference documents, and other publications (“Premium Content”). If You elect to access any Premium Content provided by KarlMohr.net by means of free download or purchase, You agree to be bound by the terms and conditions set forth under my respective licensing agreement, which is available for review at: http://www.karlmohr.net/accelerator-licensing-agreement/ and incorporated herein by reference.

Certain areas of my Site are secure and only accessible to authorized users, who are issued valid access credentials by Karl Mohr. In the event that You have been issued such access credentials, You acknowledge and agree to keep your user name and password confidential and take appropriate steps to keep others from accessing restricted areas of my Site by using your credentials. You should change your access credentials immediately, if you suspect disclosure, loss, theft, or unauthorized use of your access credentials.

I reserve the right to revoke your right to access and use my Site, or any portion thereof, for any reason or no reason at all, at my sole discretion.

Tampering with any portion of my Site, including harvesting, reproducing, modifying, distributing, transmitting, posting, or disclosing my Site, or Site content, or portions thereof, in whole or in part, including displaying my Site, Site content, or portions thereof, as framed within another, third-party, website, are strictly prohibited and constitute a material breach of these Terms.

You agree not to engage in any unlawful conduct that is aimed at (i) accessing data or logging in to a server or account, which You are not authorized to access; (ii) disabling, removing, defeating or avoiding any security device, process, or system, including, without limitation, any password and login functionality used to authenticate users, (iii) attempting to probe, scan, or test the vulnerability of my Site or network security, or authentication processes; (iv) attempting to interfere with service to any user, host or network, including without limitation, by means of submitting a virus, worm, or other destructive element to my Site, which is designed to overload, flood, spam, mailbomb, crash, or destroy my Site or any respective services, (v) sending unsolicited emails, including promotions or advertising, (vi) forging any TCP/IP packet header or any part of the header information in any email or posting, (vii) using, or attempting to use any engine, software, tools, agent, or other device or mechanism, including without limitation, browsers, spiders, robots, avatars, or agents, to navigate or search my Site, other than through functionalities available on my Site, including generally available third party web browsers; (viii) reverse engineering, decompiling or disassembling software and processes used in rendering my Site; (iv) removing any notices, warnings, labels, annotations, or instructions from any portion of my Site or any related material, including, without limitation, any patent, trademark, service mark, copyright or other proprietary notices or license provisions, or (x) otherwise invading the privacy of, or obtaining any personal information about any user of my Site. Furthermore, You agree (xi) not to provide untruthful or inaccurate information or misrepresent your identity, or engage in any deceptive or fraudulent activities on my Site.

Any violation of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized level of access may result in civil and criminal charges, including, but not limited to, charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). I assume unrestricted authority, but no obligation, to investigate or monitor my Site for any illegal, unauthorized, or objectionable conduct and take appropriate actions to undermine such conduct in the future. This may include banning certain users or groups of users, who have violated these Terms from accessing and using my Site without warning or notice, if necessary by blocking certain IP addresses or other defensive measures, and by informing and cooperating with local, state, and federal law enforcement in prosecuting users, who are in violation of these Terms.

Unless otherwise noted, all content and functionalities on my Site, including text, graphics, logos, images, video clips, written materials, downloads including Premium Content, information, and tools, including the design, arrangement and structure thereof (“Site Content”), are copyrights, trade dress, and other intellectual property owned, controlled or licensed by Karl Mohr, and protected by U.S. and other international copyright laws. All rights not expressly granted in writing, are reserved. I will enforce its titles and corresponding rights to the maximum extent possible under the law.

“Karl Mohr” and “KarlMohr.net” are the trade names for Karl Mohr Media, LLC, its owners, affiliates subsidiaries, and licensees. The trademarks, service marks, designs, and logos (collectively, “Trademarks”) displayed on my Site are registered and unregistered Trademarks of Karl Mohr, or its respective owners.

I assume no responsibility for the content, practices or policies of any site linked from or linking to my Site. Any references on my Site to any names, marks, products or services, of third parties, or information provided by third parties, are solely provided as a convenience to You and do not imply or constitute my approval, endorsement, sponsorship, or recommendation of such third-party names, marks, products or services.

I specifically disclaim the validity of and assume no responsibility for information on Karl Mohr, its affiliates, subsidiaries, and licensees that is disseminated by third party websites or other resources, which are engaged in the trade of such corporate information or provide networking services of any kind, unless such information or profile has been established, approved, or claimed by Karl Mohr.

Subject to applicable terms and conditions set forth in my Privacy Policy, any communication or material that You send to Me via my Site, electronic mail, or otherwise, will be deemed non-confidential as between You and Me, and Karl Mohr shall have no obligation of any kind with respect to such information. I will be free to use such transmissions for any lawful purpose, without compensation due or payable to You.

Certain areas within my Site may allow You to participate in discussions and other forms of social networking. Such blogs and social networks are accessible to a wide cross section of users and any content or information posted to such blogs or social networks, or shared in such discussions, can be read, collected, shared, commented on, or otherwise used by such users. You are solely responsible for any information or content You choose to submit to such blogs, or social networking sites. Karl Mohr reserves the right to moderate such discussions, posts, comments, and other contributions made by users on any of its or affiliated blogs or social networking profiles, based on its sole discretion.

The information on my Site is provided for informational purposes only. No information or material on my Site shall be used or considered to be fit for a particular purpose. Furthermore, no information or material on my Site should be construed as or relied upon as investment, legal, accounting, tax, or any other professional advice. I will not treat users of my Site as partners, clients, customers, or investors by virtue of their accessing my Site. Views, opinions, and commentaries, as expressed on my Site or Site Content, are subject to change at any time and without notice.

Karl Mohr makes no representation that services, products, or transactions discussed on my Site are available or appropriate for sale or use in all jurisdictions or by all users, potential clients, or investors. Those, who access my Site do so at their own initiative and assume the exclusive and complete responsibility to comply with local laws and regulations.

Any transactions described on my Site, as having been engaged in by Karl Mohr, are presented as representative transactions and are not necessarily reflective of overall results typically achieved by Karl Mohr. Furthermore, past performance is not indicative of future results, and no representation is being made that any professional service will achieve similar results to those described on my Site.

BY ACCESSING AND USING MY SITE, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR SOLE RISK. MY SITE, SITE CONTENT, FUNCTIONALITY, AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AVAILABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NEITHER KARL MOHR NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, OR THE LIKE (“ASSOCIATES”) ASSUME ANY REPSONSIBILITY FOR, AND MAKE ANY WARRANTIES THAT, MY SITE, SITE CONTENT, CERTAIN MATERIAL OR FUNCTIONS ON MY SITE WILL BE ACCURATE, COMPLETE, AVAILABLE, AND ERROR-FREE, AND THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TECHNOLOGY, BE IT HARDWARE OR SOFTWARE, WHICH IS COMMISSIONED IN THE DELIVERY OF MY SITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL OR DESTRUCTIVE ELEMENTS.

KARL MOHR SHALL NOT BE LIABLE FOR ANY DAMAGES, OR SERVICES, REPAIRS, OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER, TABLET, OR PHONE AS A RESULT OF YOUR ACCESSING AND USING MY SITE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KARL MOHR BE LIABLE FOR INDIRECT, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM ACCESS, USE OF, OR INABILITY TO ACCESS OR USE MY SITE, SITE CONTENT, OR CERTAIN MATERIAL AND SERVICES ON MY SITE, REGARDLESS OF WHETHER OR NOT I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE UNDERLYING THEORY OF LIABILITY.

These Terms are effective unless and until terminated by either You or Karl Mohr. You may terminate these Terms at any time, provided that You discontinue any further use of my Site. I may also terminate these Terms in my sole discretion, at any time, and may do so immediately without any notice, and thus, deny You access to my Site. Upon any termination of these Terms by either You or Me, You must immediately destroy all materials downloaded or otherwise obtained from my Site, including all copies of such materials, whether made pursuant to these Terms or otherwise.

As a condition of your use of my Site, You agree to indemnify and hold harmless Karl Mohr, its owners, officers, employees, associates, subsidiaries, and affiliates from and against any and all claims, losses, liability, costs and expenses, including, but not limited to, attorney’s fees, as incurred, which may arise from your use of my Site, related services, or from your violation of these Terms.

You represent and warrant that (i) You have full authority and all rights necessary to enter into and fully perform all obligations pursuant to these Terms; (ii) You have not and will not enter into any agreement or perform any act, which might contravene the purpose and/or the intended effect of these Terms.

Nothing contained in these Terms is intended to modify or amend any other written agreement or contract You may have with Karl Mohr, including, but not limited to, any professional services or fee agreement, account or subscription agreement (“Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and the terms of any Other Agreements, the Other Agreements will govern. Some pages of my Site contain supplemental terms and conditions and additional disclosure and disclaimers, which supplement these Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages of my Site.

By using my Site, You agree that Karl Mohr, at its sole discretion, may require You to submit any disputes, which may arise from your use of my Site or related services, these Terms, or any disputes concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration provided either (i) under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules or by (ii) International Chamber of Commerce Arbitration (ICC) in London, U.K. or Paris, France. Notwithstanding the rules and processes employed by either organization, such proceeding shall be governed by the laws of the jurisdiction as set forth in the section below.

Headings used in these Terms are provided for convenience and reference purposes only and neither define nor limit in way the scope of the corresponding section of these Terms.

These Terms, along with any dispute arising out of or related to the Terms, shall be governed exclusively by the laws of the state of Delaware without giving effect to the choice of law provisions thereof and you expressly agree to be subject to the jurisdiction of the courts in Delaware for the purpose of litigating any matter with Karl Mohr.

You further agree that any cause of action You may bring against Karl Mohr with respect to your use of my Site, must be commenced within 12 months after the claim or cause of action arose or it will be deemed to have been waived.

These Terms represents the entire agreement between Karl Mohr and You relating to your use of my Site. If, for any reason, a court of competent jurisdiction finds any provision in these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of these Terms shall continue to remain in full force and effect.

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