Terms of Use

Effective date: 15 July 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using

this website, you signify your consent to these terms of use. If you do not agree to these

Your access to and use of this website, as well as all related websites operated by

KERKOPORTA LLC which includes SeanMunger.com or ThatHistoryGuy.com, among

others) (collectively the “Site”) is subject to the following terms and conditions (“Terms

of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without

limitation or qualification, the Terms of Use and acknowledge that any other agreements

between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products,

services and/or other materials, made available on the Site by us or other third parties,

as well as the look and feel of all of the foregoing, (collectively referred to as the

“Content”) are maintained for your personal use and information by KERKOPORTA LLC,

(the “Company”) and are the property of the Company and/or its third party providers.

You agree that such Company Content shall include all proprietary videos, HTML/CSS,

Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text

as well as all other materials included in the Site, excluding only the materials you

provide. Subject to your compliance with these Terms of Use, the Company hereby

grants you a limited license, which is non-exclusive, non-transferable, and non-

sublicensable, to access, view, and use the Site solely for your personal purposes. No

Company Content may be copied, reproduced, republished, uploaded, posted,

transmitted, distributed, used for public or commercial purposes, or downloaded in any

way unless written permission is expressly granted by the Company. Modification of the

Content or use of the Content for any other purpose is a violation of the copyright and

other proprietary rights of the Company, as well as other authors who created the

materials, and may be subject to monetary damages and penalties. You may not

distribute, modify, transmit or use the content of the Site or any Content, including any

and all software, tools, graphics and/or sound files, for public or commercial purposes

without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other

materials contained in the Site, are copyrighted unless otherwise noted and are the

property of the Company and/or a supplier to the Company. No such materials may be

used except as provided in these Terms of Use. Nothwithstanding the foregoing, the

Company makes no claim of ownership as to images or texts that are in the public

domain and/or for which applicable copyright law in the United States has expired or is

inapplicable.

3. All trade names, trademarks, and images and biographical information of people used

in the Company Content and contained in the Site, including without limitation the name

and trademark “SeanMunger.com” or “ThatHistoryGuy.com,” are either the property of,

or used with permission by, the Company. The use of Content by you is strictly

prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of

Content may violate the copyright, trademark, and other proprietary rights of the

Company and/or third parties, as well as the laws of privacy and publicity, and other

regulations and statutes. Nothing contained in this Agreement or in the Site shall be

construed as granting, by implication or otherwise, any license or right to use any

Trademark or other proprietary information without the express written consent of the

Company or third party owner. The Company respects the copyright, trademark and all

other intellectual property rights of others. The Company has the right, but has no

obligation, to remove content and accounts containing materials that it deems, in its sole

discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic,

obscene or otherwise objectionable or violates any party’s intellectual property or these

and/or that any work belonging to you has been reproduced on the Site or in any

Content in any way, you may notify Company at [email protected]. Please provide

your name and contact information, the nature of your work and how it is being violated,

all relevant copyright and/or trademark registration information, the location/URL of the

violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date

information in the Site, the Company makes no warranties or representations as to

its accuracy. The Company assumes no liability or responsibility for any errors or omissions

in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive

any notices, announcements, agreements, disclosures, reports, documents,

communications concerning new products or services, or other records or

correspondence from the Company. You consent to receive notices electronically by way

of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but

not limited to, notes, text, drawings, images, designs or computer programs, such

submissions shall become, and shall remain, the sole property of the Company. No

submission shall be subject to any obligation of confidence on the part of the Company.

The Company shall exclusively own all rights to (including intellectual property rights

thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all

such submissions for any purpose, commercial or otherwise without any

acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized

access to our data and files. However no system whether or not password protected can

be entirely impenetrable. You acknowledge that it may be possible for an unauthorized

third party to access, view, copy, modify, or distribute the data and files you store using

the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information

about you to third parties, except where the Company, in good faith, believes such

disclosure is necessary to comply with the law or enforce these Terms of Use. By using

the Site, you signify your acceptance of the Company’s Privacy Policy, [INSERT COMPANY

not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING,

PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE

LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,

INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE

SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS

IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT USE OF THE

MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE

CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON

THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU

ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR

CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR

SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE

PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT

BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not

allow the exclusion of implied warranties. Some of the above exclusions may thus not

apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE

PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER

(including, for example, your web service provider service, Stripe payment services, your

software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL

BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE

COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE

COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE

COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE

CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT

YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER

RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO

REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR

SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO

DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR

ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE

DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY

CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S

REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER

YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO

THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE

REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE

OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY,

EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST

OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS

OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE

CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED

HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO,

REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE

COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers

employees, and agents, harmless from any and all liabilities, claims, damages and

expenses, including reasonable attorney’s fees, arising out of or relating to (i) your

breach of this Agreement, (ii) any violation by you of law or the rights of any third party,

(iii) any materials, information, works and/or other content of whatever nature or media

that you post or share on or through the Site, (iv) your use of the Site or any services that

the Company may provide via the Site, and (v) your conduct in connection with the Site

or the services or with other users of the Site or the services. The Company reserves the

right to assume the exclusive defense of any claim for which we are entitled to

indemnification under this Section. In such event, you shall provide the Company with

such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its

subsidiaries, affiliates and its third party content providers and licensors, and each shall

have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of

the State of Oregon, without giving effect to any principles of conflicts of law. You further

submit to the exclusive jurisdiction of the state and federal courts sitting in Washington

County, Oregon. 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.

15. These Terms of Use may be revised from time to time by updating this posting. You

are bound by any such revisions and should therefore periodically visit this page to

review the then current Terms of Use to which you are bound.