BY VISITING OR USING KARATHECOMPUTERTUTOR WEB SITE, EXCEPT THIS PAGE AND HOME PAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND KARA GLOVER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THIS WEB SITE.

INTRODUCTION

Kara Glover (“Kara”) operates this Web Site, karathecomputertutor.com (“Web Site”).

Kara offers you access to this Web Site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Kara from time-to-time. Kara refers to these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". Kara reserves the right to modify in its sole discretion this Agreement and/or this Web Sites without providing notification. You are responsible for regularly reviewing this Agreement

BY VISITING OR USING ANY PART OF THIS WEB SITE, EXCEPT FOR THE HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN KARA AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THIS WEB SITE.

GENERAL USE AND LIMITATIONS ON GENERAL USE OF THIS WEB SITE

Except where we specify otherwise, Kara offers you access to this Web Site solely for your personal and non-commercial uses. You promise that you will not use the Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Site. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web 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 Web Site.

If and when requested by Kara you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Kara, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.

You agree that Kara may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, or change prices with or without notice.

The Web Site contains content and information originated by Kara (the "Kara’s Content"). Kara presents and makes available such content and information through the Web Site as a public service, for the sole purpose of aiding you, the individual consumer. Kara, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. Individual computer problems may vary caused by a multitude of factors, and you should always seek the help of a professional service should problems arise, even if you purchase Kara’s tutorials. You are responsible for confirming the sufficiency and reliability of any such information and seeking appropriate professional assistance.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO KARA’S CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY KARA THROUGH THE WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KARA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. KARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KARA SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

INFORMATION PROVIDED BY YOU THROUGH THE WEB SITE

To KARA

In order for you to participate in certain services that Kara provides through the Web Site, Kara will require that you provide specific information about yourself (the "Kara Solicited Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Kara is committed to maintaining the privacy and security of any and all such information that you provide to Kara. Kara will not share information with any third parties, except to the extent that such sharing is required in order to provide services to you, or in the event Kara sells her business to a third party. Notwithstanding the above, Kara will share information with third parties upon the service of a court order, subpoena or other document compelling Kara to share such information. Notwithstanding the above, if Kara believes, in good faith that you are violating any federal, state or local law, rule, regulation or ordinance through the use of this Web Site, she reserves the right will share the information with law enforcement without notice to you. Kara reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You promise that you will not use the Web Site to:

• (a) post, upload or otherwise transmit any content not related to appropriate subject matters;
• (b) post, upload or otherwise transmit any content which is misleading to others, including consumers;
• (c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• (d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
• (e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• (f) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD KARA AND HER, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO KARA SOLICITED INFORMATION, AND YOUR INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO OR THROUGH THE WEB SITE.

SERVICES PROVIDED THROUGH THE WEB SITE

Non-Commercial Services

Kara provides through the Web Site a number of venues in which interactive services ("Interactive Services"), such as the free tutorials, are offered to you. Such services are offered by Kara for the sole purpose of disseminating information for the public's benefit. Kara cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service and should always seek the assistance of a computer professional.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH KARA'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. KARA MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. KARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. KARA SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL KARA BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

GENERAL TERMS

This Agreement is governed by the laws of the State of California, U.S.A. without regards to its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kara as a result of this Agreement or use of the Web Site. Kara's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Kara's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Kara with respect to such use. If any part of this Agreement 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, this Agreement constitutes the entire agreement between you and Kara with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kara with respect to the Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KARA, HER AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL KARA AND/OR ITS SUPPLIERS 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 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KARA OR ANY OF HER SUPPLIERS 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 WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

You agree to indemnify, defend and hold harmless Kara, her partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

Except as disclaimed herein, All materials on the Web Site (as well as the organization and layout of the Web Site) are owned and copyrighted or licensed by Kara or her suppliers and they retain the rights thereto. (c) 2003 Kara Glover. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Web Site is permitted without the written permission of Kara. Any rights not expressly granted herein are reserved.

Word®, Windows®, Excel® and Powerpoint® are the registered trademarks of Microsoft Corporation. Quicken® and Quickbooks® are registered trademark of Intuit Software. Photoshop® is the registered trademark of Adobe Corporation and Mac® or Macintosh® is the registered trademark of Apple Computer, Inc. Kara the Computer Tutor™ and karathecomputertutor.com™ are trademarks of Kara Glover.