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Terms of Use

These "Terms of Use" set forth the terms and conditions that apply to your use of www.kenpom.com (the "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity. If you disagree with any part of these terms and conditions, please do not use our website and leave immediately.

The term "www.kenpom.com" or "us" or "we" or "Web Site" refers to the owner of the Web Site. The term "You" refers to the user or viewer of our website.

Copyrights and Trademarks
A. All materials contained on the Web Site are owned by the Web Site, www.kenpom.com. All rights reserved.

B. No person is authorized to use, copy, distribute, or redistribute any portion the Web Site including related graphics. "Fair use" of information contained on the Web Site is allowed provided kenpom.com is cited as the source.

C. The Web Site and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify www.kenpom.com and the goods and/or services provided by the Web Site. Such marks may not be used under any circumstances without the prior written authorization of the Web Site.

D. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of this site, in whole or in part.

E. This website is protected from content theft by both passive and active components. Any copyright infringements of the website content and other copyrighted material will result in prosecution according to the international copyright law, the Digital Millennium Copyright Act (DCMA), and any other applicable law or regulation.

F. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material, and the use is non-commercial.
G. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Contributions to the Web Site
If You are invited to submit any contribution to the Web Site (including any text, photographs, graphics, video or audio) You agree, by submitting Your contribution, to grant the Web Site a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your contribution worldwide and/or to incorporate Your contribution in other works in any media now known or later developed for the full term of any rights that may exist in Your contribution.

Links to Third-Party Web Sites
The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. The Web Site does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. The Web Site does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. The Web Site shall not be liable to You or any entity for the content or use of the content available through such a hyperlink.

Subpoenas
The Web Site may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize the Web Site to release information about You if required by law or subpoena without notice to You.

Indemnification
You will indemnify the Web Site and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys' fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any content posted by You or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.

DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE PROVIDED BY the Web Site IS WITHOUT WARRANTY, AND IN AN AS-IS CONDITION AND ON AN AS AVAILABLE BASIS. The Web Site does not guarantee the accuracy or reliability of the informaiton presented on this website.

THE WEB SITE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. THE WEB SITE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

EXCLUSION OF DAMAGES
THE WEB SITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Forum and choice of law
You agree that by visiting and using this site, to be governed by the Laws of the State of Utah. Any and all actions or claims between You and the Web Site shall be brought in a court of competent jurisdiction within the borders of Utah State, at the court closest to the Web Site headquarters or Ken Pomeroy’s then current residence.

Force Majeure
The Web Site will not be liable for failing to perform under these terms of use by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to the Web Site to perform, fire, terrorism, natural disaster or war, or sheer laziness.

Additional Terms of Service for Subscribers

A. THIS IS AN INDIVIDUAL SUBSCRIPTION. You cannot share your password with anyone else. The Web Site reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons.

B. Subscriptions are annual, non-recurring, and will expire one year from their purchase.

C. All subscription fees are non-refundable. The Web Site reserves the right to make changes to its content at any time. If the Web Site temporarily reduces or eliminates the charge for content or access that you are currently paying for under different terms, you will not receive a refund.