The use of the website found at the domain www.kylance.com or any of its sub-domains (collectively the Site, and hereinafter also referred to as we, us, our, etc.) results in a contractual relationship between the User (hereinafter You,Your, Posting Party, Bidding Party), and www.kylance.com as per the terms herein. By using this site, you agree to be contractually bound by the terms contained in this Agreement and any incorporated site policies. We reserve the right to revise the Agreement at our sole discretion so you should check back regularly for revisions. Revisions will take affect when they are posted.

This site is intended to allow persons or businesses (POSTING PARTIES) and consultants (BIDDING PARTIES) to locate one another; allow posting parties to post projects and to allow bidding parties to bid on those postings. It will also allow consultants to post their credentials and connect with posting parties seeking their services. The posting parties will be able to rate their satisfaction with a particular consultant after rendering of services. We reserve the right to modify, add, or remove all services and features of www.kylance.com at any time.

WWW.KYLANCE.COM DOES NOT SOURCE OR DELIVER PROJECTS. Contracts are specifically between the Posting Parties involved and the Bidding Parties (collectively and separately referred to as “User”, “Users” or “Parties”). KY Lance in no way assumes liability for the agreements or any result of the agreement between Users. We do not provide any development tools or delivery mechanisms for any project deliverables. www.kylance.com takes no commission on any project and is not involved in the negotiation, execution or ultimate result of any agreement between the consultant and the posting party. You agree not to hold www.kylance.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users of the website

MEMBERSHIP FEES

Posting Parties seeking bids on their projects through www.kylance.com may have one bidding profile for each project. These profiles are FREE and as such have no membership fee.

www.kylance.com charges membership fees for each active Bidding Party profile. Membership fees are renewed according to the User's selected renewal options, unless deactivated by the subscribing User. If automatic membership renewal is requested by the User, we will automatically charge the membership fee to the User's designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. We reserve the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on www.kylance.com. Cancellation of any membership will not result in any refund or credit of fees already paid. Membership fees are charged up-front and no refunds or credits will be given upon cancellation or downgrades. The cancellation of a membership will go into effect at the end of your current billing cycle.

LIMITATIONS OF USE:

You agree not to use the www.kylance.com to:
Impersonate any person or entity, including, but not limited to, a www.kylance.com official or employee or falsely state or otherwise misrepresent your affiliation with a person or entity; Employ misleading e-mail addresses or falsify information in the header, footer, return path or any part of any communication, including e-mails, transmitted through the www.kylance.com website; Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking; Upload, post, e-mail, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributing to inducing or facilitating such infringement. Upload, post, e-mail, otherwise transmit or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chainletters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purposes; Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the www.kylance.com website; Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity; Collect or store personally identifying information about other users for commercial or unlawful purposes; Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner that is offensive to these stipulations of acceptable use. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

INFORMATION POSTED ON THE WWW.KYLANCE.COM WEBSITE

You are solely responsible for information that You post on the www.kylance.com website, including but not limited to any posting or listing in any public message area or through email. You grant www.kylance.com a non-exclusive, full, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to information you post on the www.kylance.com website. www.kylance.com does not endorse any information posted by users and we are not liable for any information posted by users on our website, including but not limited to any information posted about You. www.kylance.com reserves the right to take any action with respect to information posted on our website which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, www.kylance.com cannot, and we do not, control the information provided by you or other users or other content providers that is made available through our website and services. Other users' information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. In addition, Information on the www.kylance.com website is provided "AS IS" "WHERE IS," and may contain errors.

The www.kylance.com website provides links to other websites as part of the services and content on this website. The links include those submitted by the users of this website. These links will allow you to leave this website. Any non-www.kylance.com website is independent from www.kylance.com and we have no control over the content of any such sites. www.kylance.com is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external websites. We make no representations whatsoever about any other website that you may access through the www.kylance.com website.

You understand and agree that by providing a link to a non www.kylance.com (any website outside the www.kylance.com domain) website, www.kylance.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such sites. You also understand that it is solely your responsibility to make sure that any non-www.kylance.com website you may access through the www.kylance.com website or services is free from any content of destructive nature including but not limited to robots, viruses, trojan horses, time bombs, trapdoors and worms. www.kylance.com is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other websites. WWW.KYLANCE.COM WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE WHATESOEVER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

WARRANTIES

www.kylance.com makes reasonable efforts to provide its services without errors or inaccuracies on our website. However, we make NO representations as to the accuracy, completeness, error free nature of services/material on the website, or timeliness of those materials/ services, and you should not rely upon it. The services provided by www.kylance.com are "AS IS," "WHERE IS." WWW.KYLANCE.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY WWW.KYLANCE.COM UNDER THIS AGREEMENT. IN ADDITION, WWW.KYLANCE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER OR THIRD PARTY YOU MAY ENCOUNTER ON OUR WEBSITE, NOR DOES WWW.KYLANCE.COM MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE BY ANY USER. Each party represents and warrants that it has the right and/or full corporate power and authority to enter into this Agreement.

LIMITATION OF LIABILITY

YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OF OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK. WWW.KYLANCE.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS WHATSOEVER THAT YOU MAY INCUR BY USING OUR SERVICES OR ANY MATERIAL FROM OUR WEBSITE. UNDER NO CIRCUMSTANCES, SHALL WWW.KYLANCE.COM OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING WWW.KYLANCE.COM SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE WWW.KYLANCE.COM SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WWW.KYLANCE.COM RECORDS, PROGRAMS OR SERVICES, OR LOSSES OR DAMAGES INCURRED BY YOU FROM VISITING THIRD PARTY WEBSITES THAT YOU ACCESS THROUGH OUR WEBSITE, EVEN IF WWW.KYLANCE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, WWW.KYLANCE.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WWW.KYLANCE.COM LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO WWW.KYLANCE.COM FOR ITS SERVICES DURING THE PREVIOUS ONE MONTH.

PRIVACY AND CONFIDENTIALITY

Your use of www.kylance.com and the services provided therein is governed by the terms of this Agreement and the www.kylance.com Privacy Policy, which is incorporated in its entirety by reference into this Agreement. The Privacy Policy is posted on the website and may be updated or revised from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the website and to terminate this Agreement. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties, upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate. Any Login Identification (Login Name) and password, and any authorization codes or similar verification identifiers should be maintained by you as confidential and should not be disclosed to third parties. It is your responsibility to change your Login Name and password and/or authorization codes, if it becomes necessary, through the "My Account" section of the www.kylance.com.

TRANSFER AND/OR ASSIGNMENT POLICY:
You shall not sell, transfer, or assign this Agreement without the prior written consent of www.kylance.com. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement. www.kylance.com has the right to transfer or assign this Agreement to any other person or entity without your consent.

INTELLECTUAL PROPERTY RIGHTS:
The data contained and www.kylance.com and all intellectual property rights related to the website, including but not limited to copyrights, trademarks, service marks and any feedback left by users on the website, are owned or licensed by www.kylance.com, and all right, title and interest in the website and the related intellectual property rights remain the property of www.kylance.com. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the website or any related intellectual property, including any services provided through the website.

COPYRITES AND TRADEMARKS:

The Website contains copyrights and trademarks and other material furnished by www.kylance.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text and other materials) ("Website Content") is copyrighted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Website Content in any way for any public or commercial purpose without prior written consent of www.kylance.com or the rights holder. You may not use the content found on www.kylance.com on any other website or in a networked computer environment for any purpose except your own personal viewing. In order to protect www.kylance.com and its Licensor's trade secrets, you agree that you will not 'reverse engineer' any Website Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law.

INDEMNIFICATION:

You agree that you shall indemnify, defend and hold harmless www.kylance.com and its officers, directors, employees, agents, owners and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect or punitive damages), suits, claims or liabilities incurred and arising from or relating to your use of www.kylance.com services.

GOVERNING LAWS:

You agree to be bound by the laws of the Commonwealth of Kentucky in the event that a dispute were to arise out of the use of www.kylance.com. Should a conflict arise, you agree to the venue of Lexington, Kentucky for the dispute and also agree to be held to the controlling laws therein without regard to conflict of laws. If any part of this agreement is held to be invalid in a Kentucky Court of Law, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.

ATTORNEY’S FEES AND COURT COSTS:

If any action is brought by you against www.kylance.com under this Agreement, and we prevail, www.kylance.com shall be entitled to recover from You its costs and reasonable attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

ENTIRE AGREEMENT:

The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersedes any prior oral or written communications relating to this subject. You agree to the terms of this agreement by clicking the "I AGREE" checkbox on the Create an Account form. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to use this website.