Terms and Conditions
https://lease2klb.com/These Terms and Conditions (the “Terms and Conditions”) are a legally binding agreement between you and K.L. Breeden & Sons LLC, and its subsidiaries, affiliates, and representatives (collectively referred to as the “COMPANY”). These Terms and Conditions govern your access to, and use of, the website located at https://lease2klb.com/ and its contents, as well as any applications or affiliated websites provided by COMPANY (collectively referred to as the “Site”).
By accessing this Site, you are acknowledging and accepting these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately disconnect from the Site.
COMPANY’s Terms and Conditions are subject to change at any time, without any notice. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF PRIVACY POLICY
Your use of, and access to, this Site is contingent on your acknowledgement and acceptance of COMPANY’s Privacy Policy, located here: https://lease2klb.com/privacy-policy.php. By accessing this Site, you are acknowledging and accepting COMPANY’s Privacy Policy.
You acknowledge and agree that COMPANY may collect, process, use, and transfer certain data or information from or about you as more fully detailed in COMPANY’s Privacy Policy.
2. INTELLECTUAL PROPERTY
All content, software, materials, data, information, and other material on or otherwise associated with the Site is the intellectual property of COMPANY, or another third party, and is protected by copyright, trademark, trade secret, service marks, patents, or other intellectual property law. Except as expressly authorized by our company, you agree not to sell, license, rent, modify, distribute, copy, publicly display, reproduce, transmit, publicly perform, publish, edit, or create derivative works from such materials or content.
3. LIMITATIONS ON YOUR USE OF THE SITE; COMPLIANCE WITH LAWS
You agree to comply in all material respects with all laws, statutes, ordinances, and regulations applicable to your use of the Site. As part of that agreement to comply with applicable laws, you further agree to not use the Site, or any contents on the Site, to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) introduce software or automated agents or scripts to the Site so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site; or (h) use the Site in an illegal manner, or in a manner that you know, or should know, is against the accepted use of the Site.
You further agree that you shall not use the Site to collect, upload, transmit, display, or distribute any information, data, and other content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website, service, application, or other similar web experience; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any format or by any means an part of the Site.
COMPANY has the right, but not the obligation, to monitor this Site for any conduct that violates COMPANY’s Use Policy as stated in this Section 3, or any other provision of the Terms and Conditions, and to take all appropriate actions in response, without notice to you. COMPANY reserves the right to suspend, remove, or delete your account without any written notice. You agree that your access to the Site is a limited privilege and COMPANY has the absolute right to suspend, remove, or delete your account without incurring liability. COMPANY reserves the right to change or supplement our policies regarding acceptable and prohibited uses at any time and without notice.
4. SUBMISSIONS AND FEEDBACK
Any feedback, ideas, suggestions, improvements, criticism, thoughts, or other information that you provide to COMPANY, whether directly or indirectly, orally or in writing, regarding COMPANY, COMPANY’s Site, or COMPANY’s services are the property of COMPANY and shall be owned by COMPANY without any limitation. COMPANY is able, at its sole discretion and without limitation, to include such ideas in future services or in future versions of the Site without compensation or credit to you. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any feedback, ideas, suggestions, improvements, criticism, thoughts, or other information that you provide to COMPANY.
5. THIRD-PARTY CONTENT; HYPERLINKS TO OTHER WEBSITES; COOKIES
The Site may host, provide, or otherwise make accessible hyperlinks to third party websites which may include third party services or advertisements. The Site may also have automated analytics services or cookies which may be used by or are otherwise provided by third parties. To the extent that this Site provides such hyperlinks or other automated services including cookies to or on behalf of third parties, such third-party content is not under the control of COMPANY and COMPANY is not responsible or liable for such content. You acknowledge and agree that COMPANY is not responsible for the accuracy, copyright or intellectual property right compliance, legality, decency, or any other aspect of the content of such sites. The Site’s hosting or provision of a hyperlink, cookie, or service does not imply endorsement of the other site by or any association with its operators. When you access third-party content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE
COMPANY’S DISCLAIMER OF WARRANTIES: THIS SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” FOR YOUR USE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR CORRECTNESS OF CONTENT ON THIS SITE, THAT DEFECTS OR ERRORS ON THIS SITE WILL BE CORRECTED, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. YOU USE THIS SITE SOLELY AT YOUR OWN RISK. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR ANY PART THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE OR ANY PART THEREOF.
YOUR RELEASE OF COMPANY FROM LIABILITY: YOU HEREBY WAIVE AND RELEASE COMPANY (AND COMPANY’S SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE ARISING FROM YOUR USE OF THE SITE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES.
COMPANY’S LIMITATION OF LIABILITY: IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR BUSINESS INTERRUPTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) SHALL IN NO EVENT EXCEED THE AMOUNT OF $250.
7. INDEMNIFICATION
AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY (AND COMPANY’S OFFICER, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR BREACH OF THESE TERMS AND CONDITIONS.
8. SEVERABILITY AND INTEGRATION
This agreement constitutes the entire agreement between you and COMPANY with respect to this Site and supersedes all prior or contemporaneous communications between you and COMPANY, but solely with respect to this Site. In the event of inconsistency or discrepancy between these Terms and Conditions and any other agreement you have entered into with COMPANY, the other agreement shall prevail and govern.
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be deemed to have been drawn in accordance with and will be governed by the laws of the United States and of Texas, without regard to the choice-of-law rules of that or any other jurisdiction. In the event of any disagreement or dispute arising from or in connection with these Terms and Conditions, such disagreements or disputes shall be brought exclusively in the state court of proper jurisdiction in the state or federal courts serving Tarrant County, Texas. The parties hereby agree to the exclusive jurisdiction such courts and waive any defenses to venue in or personal jurisdiction of such courts. Notwithstanding the foregoing, the parties may mutually agree in writing to submit any such disagreement or dispute to binding arbitration.
10. ACKNOWLEDGEMENT
BY ACCESSING OR USING THE SITE, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
11. NOTICE AND CONTACT INFORMATION
If you need to contact COMPANY, please use one of the following methods of contact:
- By E-mail: dataprivacy@klbsons.com
- By Mail:
K.L. Breeden and Sons, LLC
RE: Data Privacy
777 Main St., Ste. 600
Fort Worth, TX 76102
If you do not use one of these methods of contact, any notice will be ineffective and invalid as to COMPANY.
These Terms and Conditions were last modified on January 9, 2024.
4876-6889-4866, v. 4