Terms and Conditions 

 

1. Introduction

Welcome to KevinFaler.com (“Website”). By accessing or otherwise using the Website, you agree to these Terms & Conditions (“Terms”). Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Website. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Website. Certain areas within the Website may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms. THIS WEBSITE IS AN INFORMATIONAL WEBSITE AND DOES NOT OFFER SERVICES, MOST ARTICLES ARE PARODY AND OR TO BE CONSIDERED SATIRE. THIS WEBSITE IS INTENDED TO BE FOR ENTERTAINMENT FOR YOUR ENJOYMENT ANY AND ALL ARTICLES ARE TO BE CONSIDERED FICTIONAL IN NATURE AND OR INFORMATIONAL NO SERVICES ARE BEING OFFERED AT KEVINFALER.COM. 

2. Content

All content included on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is the property of KevinFaler.com or its licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Website are the exclusive property of KevinFaler.com and are protected by U.S. and international copyright laws. KevinFaler.com and its licensors expressly reserve all intellectual property rights in all Content.

3. License and Access

3.1 Grant of License: KevinFaler.com grants you a limited, non-exclusive, non-transferable license to access and make personal use of the Website and the Content for non-commercial purposes only, and only to the extent such use does not violate these Terms & Conditions, including, without limitation, the prohibitions listed in the “Unlawful or Prohibited Uses” section of these Terms & Conditions.

3.2 Permitted Uses: You may not download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way.

3.3 Prohibited Uses: Accessing, downloading, printing, posting, storing, or otherwise using the Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.

3.4 Age Restriction: The Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

4. Unlawful or Prohibited Uses

As a condition of your use of the Website, you warrant to KevinFaler.com that you will not (and will not assist or encourage any third party to) use the Website in any way or for any purpose that is unlawful or is prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images.Download, copy, or transmit any Content for the benefit of any other merchant.
• Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by KevinFaler.com or generally publicly available browsers.
• Frame, mirror, or use framing techniques on any part of the Website without the express prior written consent of KevinFaler.com.
• Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store, or use any Content, account information, or other data.
• Misrepresent the identity of a user, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website.
• Violate or attempt to violate the security of the Website, including, without limitation, accessing data not intended for you, attempting to probe or test the vulnerability of a system or network, or attempting to interfere with service to any user.
• Use the Website or provide any user-generated content to defame, abuse, harass, stalk, unlawfully track, threaten, or otherwise violate the rights of others.
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website.
• It does not matter if you’re a journalist, writer, author, media outlet, news organization, news reporter, investigative reporter, press reporter, storyteller, any human being who copies any photographs, images, imagrey, copies of imagery shall not copy, photograph, use any type of mechanical device to take an image of any image or photograph of Kevin Faler. Kevin Faler as photographed is the said owner. You may not copy, steal, trade, borrow, giveaway, barter, approriate any image or likeness of Kevin Faler located in any page of this website identified as, KevinFaler.com. There is no sharing imagery from this website, you may not post it on any website, social media platform, media outlet. You may not post it on any platform with out express written permission from Kevin Faler himself. Civil litigation will follow for anyone violating our terms and conditions where the copy images and or photographs from this website. Yes, this includes any news reporting agency, news television station, news or informational news site, online or offline, which includes but is not limited to any printed book, notes, recordings, sketching, newspaper print, magazine, periodicals, reprints, billboards, signs of anykind, radio stations, podcasts, radio station news outlets, TikTock, com, Instagram.com, Google.com, Bing.com, X.com, Facebook.com, Meta.com, ABC news outlet, CBS news outlet,  NBC news outlet, MSNBC news outlet, PBS news outlet, or any other television, live streaming, online medial outlet.

5. User Reviews, Comments & Submissions

KevinFaler.com welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Website where you can submit content), photos, videos, or any other content that you submit through or to the Website, or any content or information you publish through any social media and allow KevinFaler.com to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (collectively, “User Content”). User Content must comply with these Terms & Conditions.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and KevinFaler.com assumes no liability for any User Content submitted by you.

You grant KevinFaler.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content throughout the world without compensation to you.

6. Links to Third-Parties’ Websites

The Website may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. KevinFaler.com is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Website to communicate with any such website or otherwise visiting any such website, KevinFaler.com strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Website do not constitute an endorsement by KevinFaler.com. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

7. DMCA Notice – Notice & Procedure for Making Claims of Copyright Infringement

KevinFaler.com’s policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Website can be identified and removed via the process listed below.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only to KevinFaler.com’s DMCA designated agent. The notice must include:Identification of the copyrighted work claimed to be infringed.Identification of the allegedly infringing material and information reasonably sufficient to locate it on the Website.Contact information of the copyright owner.A statement of good faith belief.A statement under penalty of perjury regarding the accuracy of the information.The copyright owner’s signature.

 

8. Disclaimers of Warranties

KevinFaler.com cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE CONTENTS”) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. KEVINFALER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENTS, OR THAT EMAILS SENT FROM KEVINFALER.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, KEVINFALER.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL KEVINFALER.COM OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract or tort, even if KevinFaler.com has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Website, any content on the Website, or these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Website. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF STATES WHERE SUCH LIMITATIONS ARE NOT PERMITTED BY LAW. WITH RESPECT TO SUCH RESIDENTS, KEVINFALER.COM OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF KEVINFALER.COM’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND KEVINFALER.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KEVINFALER.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification & Defense

As a condition of your use of the Website, you agree to defend, indemnify, and hold harmless KevinFaler.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that, if true, would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

11. Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to KevinFaler.com shall be sent by mail to the following address:  kfaler@hssinc.us. In the case of notices KevinFaler.com sends to you, you consent to receive notices and other communications by KevinFaler.com posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that KevinFaler.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing.

12. Jurisdictional Issues

The Website is controlled and operated by KevinFaler.com from the United States and is not intended to subject KevinFaler.com to the laws or jurisdiction of any state, country, or territory other than that of the United States. KevinFaler.com does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

13. Governing Law & Forum Selection

Except as set forth in the Arbitration Agreement section, all matters relating to your access to or use of the Website and all matters arising out of or related to these Terms & Conditions will be governed by the applicable laws of the United States and the laws of the State of California, without regard to California’s choice of law principles. Unless you and KevinFaler.com agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States) shall be resolved in the United States District Court for the Central District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Central District of California for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of California located in Riverside County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and KevinFaler.com both waive your right to a jury trial, unless such waiver is unenforceable.

14. Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire agreement between you and KevinFaler.com with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

15. Contact Information

For any questions or concerns regarding these Terms & Conditions, please contact:

KevinFaler.com
Email: kfaler@hssinc.us

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

16. Arbitration Agreement

16.1 Agreement to Binding Arbitration:
You and KevinFaler.com agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Website or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute, or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).

16.2 Exceptions to Arbitration:
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or KevinFaler.com can bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or KevinFaler.com may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16.3 Jury Trial & Class Action Waiver:

Except as the Terms & Conditions otherwise provide, you and KevinFaler.com acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and KevinFaler.com may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

16.4 Governing Law & Arbitration Rules:
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. The arbitration will be conducted under the then-current and applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The AAA Consumer Arbitration Rules are available online at www.adr.org.

16.5 Initiating Arbitration:
If you intend to seek arbitration, you must first send a written notice (“Notice”), by first-class or certified mail to: kevin@policeofficer.com for confirmation of address, in order to defeat internet bots. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

16.6 Fees:
For claims of $10,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. KevinFaler.com will pay up to $1,000 if any additional required filing fees, and all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous. For claims over $15,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules.

16.7 Location & Procedure:
If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.

16.8 Arbitrator’s Decision:
The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. KevinFaler.com waives its right to seek attorneys’ fees and costs in arbitration.

17. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us at: kfaler@hssinc.us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Changes to These Terms & Conditions

KevinFaler.com reserves the right to modify or update these Terms & Conditions at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms & Conditions.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, including all terms governing arbitration and the limitations of liability. If you do not agree to these Terms & Conditions, you must immediately cease use of the Website.

Updated: May 5, 2025