IMPORTANT LEGAL NOTICE - PLEASE READ
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE INFORMATION, FORMS, OR COMPUTER SOFTWARE IN THIS INTERNET SITE ("KINDSVATER.COM"). KINDSVATER.COM IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING KINDSVATER.COM, YOU
ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU
ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS KINDSVATER.COM. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING KINDSVATER.COM BETWEEN YOU AND BRIAN KINDSVATER (REFERRED TO AS
"Licensor"), AND IT SUPERSEDES ANY PRIOR ORAL OR WRITTEN PROPOSAL, REPRESENTATION, OR
UNDERSTANDING BETWEEN THE PARTIES.
License Grant. Licensor hereby grants to you, and you accept, a nonexclusive,
nontransferable license to use KINDSVATER.COM only as authorized in
this License Agreement. If you would like to distribute any of the materials and information in KINDSVATER.COM, please contact Licensor as indicated below for permission to do. Any redistribution on your part must include all copyright notices, logos and a notice that such action is with the "permission of law Office of Brian Kindsvater."
Prohibited Acts. Except as authorized in the preceding paragraphs, no copies
of KINDSVATER.COM or any portions thereof may be made by you or any person under
your authority or control. You agree that you will not assign, sublicense,
transfer, pledge, sell, lease, rent, lend, or otherwise dispose of KINDSVATER.COM,
or any part thereof, or share your rights under this License Agreement, including passwords and user names. You
agree that you will not disassemble, decompile, convert to another programming
language, or otherwise translate KINDSVATER.COM, and that you will not rent,
lease, or lend KINDSVATER.COM, or any component of it, in violation of 17 U.S.C.
§§ 109(b)(1). You agree that you will not alter, publish, copy,
cut, modify or transform KINDSVATER.COM, or any component of it, in any form
to any storage medium, known or unknown, for any purpose whatsoever. You
will be held legally responsible for any trademark or copyright that is caused or encouraged by your failure to abide by the
terms of this License Agreement. Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that KINDSVATER.COM is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor.
Licensor's Rights. You acknowledge and agree that KINDSVATER.COM is a proprietary
product of Licensor, protected under the copyright law. You further acknowledge
and agree that all right, title, and interest in and to KINDSVATER.COM, including
associated intellectual property rights, are and shall remain with Licensor.
This License Agreement does not convey to you an interest in or to KINDSVATER.COM,
but only a limited right of use revocable in accordance with the terms of
this License Agreement. Licensor specifically reserves all rights not expressly
granted in this License Agreement. All content, design, and programming (html,
rights reserved. Notwithstanding the above, copyright is not claimed to the text of federal or
state governmental materials, including, but not limited to, statutes, opinions and rulings, or where otherwise indicated on other materials or where the materials were prepared by a government entity or agency. You acknowledge and agree that such government created materials may be available from the appropriate government entity for free or for a charge that may be less than or different than charged by Licensor. Payment to licensor is for the arrangement and/or research and obtaining of such materials. Copyright is claimed to all arrangements, enhancements, content, design and programming other than the text for which copyright is not claimed. Section titles for most statutes and regulations are provided by Licensor. Case citations and opinions which include the official report volume, page
number, and year of decision are provided for reference as required by California
Rules of Court, Rule 313(c).
Term. This License Agreement is effective upon your using KINDSVATER.COM and shall continue until terminated. You may terminate this
License Agreement at any time. Licensor may terminate this License Agreement for any reason, upon the breach by you of any term hereof or as otherwise provided above. Upon such termination by Licensor,
you agree to return to Licensor KINDSVATER.COM and all copies and portions thereof, and to cease all use of KINDSVATER.COM.
No Warranty. KINDSVATER.COM IS LICENSED
"AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Licensor's cumulative liability to you or any other
party for any loss or damages resulting from any claims, demands, or actions
arising out of or relating to this License Agreement or use of KINDSVATER.COM shall not exceed any license fee paid to Licensor for the use of KINDSVATER.COM. In no event shall
Licensor be liable for any indirect, incidental, consequential, special,
or exemplary damages or lost profits, even if Licensor has been advised of
the possibility of such damages. You agree that the foregoing constitutes
your sole and exclusive remedy for breach by Licensor of any warranties made
under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
No Guarantee of Correctness. The information in and by KINDSVATER.COM has been prepared
and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal advice. KINDSVATER.COM is not your lawyer! Transmission of any of the contents of KINDSVATER.COM to you, or your access and/or use of KINDSVATER.COM is not intended to, and does not create an attorney-client relationship. You agree that you will not act upon anything contained in KINDSVATER.COM without first seeking professional counsel. Brian Kindsvater does not hold himself out as qualified to practice law other than in California. While every effort is made to ensure the correctness and completeness of the information contained herein, you acknowledge that Licensor, its owners, employees, and agents do not promise or guarantee that the information contained herein is correct, complete, or up-to-date. The law is continually changing and your particular circumstances may require the consideration of facts, laws and issues that are not fully addressed in KINDSVATER.COM. There is no guarantee that the information in KINDSVATER.COM is correct, complete, or up-to-date for any specific circumstance. KINDSVATER.COM may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site. If you need legal advice, please retain counsel.
Legal Counsel. If you need legal advice, please retain counsel. To contact attorney Brian Kindsvater, send him an
email. You can also contact
Brian Kindsvater, Esq.
1024 Iron Point Road
Folsom, California 95630
No attorney-client relationship is, or will be created, until you have agreed to a fee agreement, regardless of any communications by email,
letter, phone, etc. Mr. Kindsvater is only licensed to practice law in the State of California. It may not be possible to respond to all e-mail inquiries, particularly those involving non-California issues, and no promise is made or implied that any inquiry will be responded to.
No right, license, or interest to any trademarks is granted hereunder, and
you agree that no such right, license, or interest shall be asserted by you
with respect to such trademark.
Return and Refund Policy. Unless a refund period is explictly spelled out in writing for a particular product, due to the nature of the transactions involved no returns or refunds are permitted. However, if there is a problem and the information requested is not provided or not received, please contact
and the information will be sent to you electronically or made available to you when reasonably feasible and payment has been verified. The contact information for this web site is located at the end of this document.
Governing Law. This License Agreement may be negotiated, prepared, executed
and delivered in potentially several jurisdictions, including the State of
California. Accordingly, in order to establish with certainty that this Agreement
will be governed by one body of well-developed law, the parties hereto expressly
agree that this License Agreement shall be governed by, and construed in
accordance with, the laws of the State of California regardless of the location in the universe or jurisdiction from which KINDSVATER.COM is used, to the exclusion of any other
applicable body of governing law. In the event that either party commences
a legal action pursuant to this Agreement, the parties hereto agree that
the federal and state courts located in the County of Sacramento, State of
California, shall have exclusive jurisdiction over any such action, and that
venue will only be proper in the state and federal courts located in the County
of Sacramento. It is agreed that this License Agreement is entered into in Sacramento, California. These provisions are subject to and are not intended to conflict with any constitutional, contrary law.
Severability. Should any term of this License Agreement be declared void
or unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof.
No Waiver. The failure of Licensor to enforce any rights granted hereunder
or to take action against any other party in the event of any breach hereunder
shall not be deemed a waiver by Licensor as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
Entire Agreement. This Agreement contains the complete and entire understanding
and agreement between the parties and supersedes any previous communications,
representations, or agreements, verbal or written, related to the subject
Contact information. You may contact Brian Kindsvater, at 1024 Iron Point Road, Folsom, California 95630, 916.761.6863.