Agreement between user and www.kirkassoc.com
Welcome to www.kirkassoc.com. The www.kirkassoc.com Website (the "Site") is comprised of various web pages operated by Kirk & Associates, LLC. www.kirkassoc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.kirkassoc.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Your use of www.kirkassoc.com is subject to Kirk & Associates, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting www.kirkassoc.com or sending emails to Kirk & Associates, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Kirk & Associates, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.kirkassoc.com only with permission of a parent or guardian.
www.kirkassoc.com may contain links to other websites ("Linked Sites"). Kirk & Associates, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kirk & Associates, LLC of the site or any association with its operators. Kirk & Associates, LLC does not control nor take responsibility for the content of any Linked sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Third party sites and organizations deliver certain services made available via www.kirkassoc.com. By using any service or functionality originating from the www.kirkassoc.com domain, you hereby acknowledge and consent that Kirk & Associates, LLC may share such information and data with any third party with whom Kirk & Associates, LLC has a contractual relationship to provide the requested service or functionality on behalf of www.kirkassoc.com users and customers.
You will be able to connect your Kirk & Associates, LLC account to third party accounts. By connecting your Kirk & Associates, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
By submitting payment information through the Site you agree to the Terms and any documents incorporated by reference. You are authorizing a charge on your credit card and you further agree that the Terms form a legally binding contract between you and Kirk & Associates, LLC and these Terms constitute a writing signed by You under any applicable law or regulation. Any rights not expressly granted herein are reserved by Kirk & Associates, LLC. Partial payment does not reflect a payment in full. You are responsible for the full amount of the balance due.
By submitting payment information, you are authorizing Kirk & Associates, LLC to reproduce this item as an ACH transaction for deposit. This means the amount specified will be debited from your account. A transaction that is returned to Kirk & Associates, LLC for any reason (such as insufficient funds) is subject to a returned item fee in the amount $20.00. An ACH Transaction will be produced utilizing the information from this form you are submitting. Partial payment does not reflect a payment in full. You are responsible for the full amount of the balance due.
By submitting payment information, you understand and acknowledge the Kirk & Associates, LLC’s is in no way employed by or affiliated with any medical provider. Rather, Kirk & Associates, LLC is an independent contractor not under direction or control of any medical provider.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.kirkassoc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kirk & Associates, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site
All content included on the Site and any related website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kirk & Associates, LLC or its medical provider clients and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kirk & Associates, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission Kirk & Associates, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kirk & Associates, LLC or our licensors except as expressly authorized by these Terms.
By posting any comments, posts or other material on Kirk & Associates, LLC’s Site, any related website, blogs, and or any of our social media sites, you give Kirk & Associates, LLC the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
The Site is controlled, operated and administered by Kirk & Associates, LLC from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kirk & Associates, LLC content accessed through www.kirkassoc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Kirk & Associates, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kirk & Associates, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kirk & Associates, LLC. in asserting any available defenses.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kirk & Associates, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Kirk & Associates, LLC AND/OR ITS MEDICAL PROVIDER CLIENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kirk & Associates, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kirk & Associates, LLC AND/OR ITS MEDICAL PROVIDER CLIENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kirk & Associates, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Kirk & Associates, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the State of Delaware govern the Terms and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. Kirk & Associates, LLC reserves the right (but is not obligated) to do any or all of the following:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kirk & Associates, LLC as a result of the Terms or use of the Site. Kirk & Associates, LLC 's performance is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Kirk & Associates, LLC 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kirk & Associates, LLC with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, the Terms constitute the entire agreement between the user and Kirk & Associates, LLC with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kirk & Associates, LLC with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be written in English.
Kirk & Associates, LLC reserves the right, in its sole discretion, to change the Terms under which www.kirkassoc.com is offered. The most current version of the Terms will supersede all previous versions. Kirk & Associates, LLC encourages you to periodically review the Terms to stay informed of our updates.
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