RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Klutz unless otherwise indicated the contents of klutz.com are the property of Klutz ("Klutz") and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from klutz.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Klutz's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Klutz. Klutz does not transfer title to the Software to you. As between you and Klutz, Klutz retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on klutz.com. Users are not permitted to upload to, distribute through, or otherwise publish through klutz.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

Users are solely responsible for the content of their messages. Klutz is not responsible for the content or accuracy of any information posted or transmitted by users of klutz.com.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Klutz.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Klutz, if in Klutz's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortuous or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Klutz.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
KLUTZ MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO klutz.com OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." KLUTZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO klutz.com AND ANY WEB SITE WITH WHICH IT IS LINKED. KLUTZ DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON Klutz.com OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT klutz.com, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF klutz.com OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. KLUTZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON klutz.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KLUTZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KLUTZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON Klutz.com, EVEN IF Klutz OR A KLUTZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KLUTZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING klutz.com.

JURISDICTIONAL ISSUES
Klutz.com is controlled and operated by Klutz from its offices in California, United States of America. Klutz makes no representation that materials on klutz.com are appropriate or available for use in other locations. Those who choose to access klutz.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from klutz.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. You and Klutz each agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts of the southern district of California. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties.

PERMISSION FOR REPRINTS
All material on klutz.com, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on klutz.com (outside of personal, non-commercial use), please write to:

Marketing Department
450 Lambert Avenue
Palo Alto, California 94306

PERMISSION FOR WEB LINKING
To request permission to link a website to klutz.com, please send your name, address, website URL, and nature of the website to: thefolks@klutz.com

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
DeWitt Durham
Klutz
450 Lambert Avenue
Palo Alto, California 94306
Phone: (650)857-0888
Email: dewitt_durham@klutz.com

The notification must be in writing and include:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For other questions about klutz.com, please contact thefolks@klutz.com.