The following Terms & Conditions of Use (“Agreement”) between you and Alexander Kesler, Kesler.net, its subsidiaries, and affiliates (“Kesler.net”). The terms described herein shall dictate your rights and obligations while using, visiting, or engaging the Kesler.com website. No access shall be provided until you accept all terms, conditions, policies, and guidelines by clicking “I Agree” if/where prompted.

This User Agreement may be amended at any time without notice and any changes and/or amendments shall be posted on this webpage. Your continued use of the website and/or services constitutes express acceptance of such changes or amendments.

You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on Kesler.net. You understand that Kesler.net and Alexander Kesler do not perform psychological testing or background checks on the individuals who may use Kesler.net. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Kesler.net, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.

Neither party shall acquire any rights to any intellectual property of the other during the term of this Agreement or thereafter. Kesler.net remains the sole owner of its intellectual property rights before, during and after the term of this Agreement including any enhancements, improvements, modifications, publications, techniques, methodologies, trade secrets, communications as they relate to the use of Kesler.net or materials therein.

You understand and acknowledge Kesler.net may use your data obtained from your use of the Kesler.net website as it relates to its normal course of business, including management and testing of the website, maintenance of the information offered, or if required by law.

Alexander Kesler, kesler.net and the logos and associated trademarks are trademarks of Alexander Kesler. You agree you will not display or use these trademarks in any manner of form without written authorization from Alexander Kesler.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU, KESLER.NET AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KESLER.NET AND ITS LICENSORS MAKE NO REPRESENTATIONS REGARDING THE BENEFITS OR RESULTS THAT YOU, YOUR ADVERTISERS, OR ANY THIRD PARTIES SHALL RECEIVE FROM KESLER.NET OR THE SERVICES PROVIDED UNDER THIS AGREEMENT.
FURTHERMORE, YOU WARRANT TO KESLER.NET YOU HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT, HAVE THE RIGHT AND POWER TO PROVIDE KESLER.NET ALL THE INFORMATION NECESSARY TO USE THE WEBSITE AND MATERIALS THEREIN, THAT IT IS NOT INFRINGING ON ANY RIGHTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHTS, THAT IT COMPLIES WITH THE INTERACTIVE ADVERTISING BUREAU GUIDELINES AND BEST PRACTICES, THAT YOU COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, THAT YOUR CONTENT DOES NOT CONTAIN ANY PORNOGRAPHIC, OBSCENE, DEFAMATORY, OR ILLEGAL CONTENT AND THAT YOU SHALL INDEMNIFY AND HOLD HARMLESS KESLER.COM FROM AND AGAINST ALL SUITS, PROCEEDINGS, ASSERTIONS, DAMAGES, INCLUDING DIRECT OR INDIRECT, COSTS, LIABILITIES, AND EXPENSES INCLUDING ALL LEGAL FEES, INCURRED AS A RESULT OF ANY BREACH OF THIS CLAUSE OR OF ANY CLAIM WHICH IF TRUE WOULD BE A BREACH OF THIS CLAUSE OR APPLICABLE LAW.

In no event shall Kesler.net be liable to you or your Affiliates for any indirect, special, incidental, consequential, or punitive damages. Kesler.net shall not be liable to you, your Affiliates or any Advertiser, user, publisher, web site visitor or other third party for loss, cost, damages, or expense incurred in connection with your use of the Kesler.net website, including any technical malfunction, inputting errors, system error, corruption or loss of data, or other damage.

For purposes of this clause, the term “Confidential Information” means non-public information that a party designates as being confidential or which, under the circumstances surrounding disclosure, reasonably ought to be treated as confidential. Confidential Information will not include: (i) information that was previously known, without obligation of confidentiality, by the receiving party, prior to any disclosure from the other party; (ii) information that is or otherwise becomes available in the general public through no breach of this Agreement by the receiving party; (iii) information that was received without restriction from any person or entity that the receiving party reasonably believes is not in violation of any duty of non-disclosure on the part of such person or entity; or (iv) information that the receiving party developed independently of any disclosures of such information by the disclosing party.

You may not disclose any Confidential Information to any third party. Kesler.net may disclose Confidential Information to its affiliates, employees, agents, and/or independent contractors to whom disclosure is reasonably required provided that such individuals and entities have agreed to keep such information confidential in the same or a substantially similar manner as provided for in this Agreement. Neither party will use any Confidential Information except as expressly permitted by, and as required to achieve the purposes of, this Agreement. Each party will take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information of a similar nature, to keep confidential the Confidential Information.

Notwithstanding anything herein to the contrary, a party may disclose Confidential Information in accordance with a judicial or other governmental order or as may be required by applicable law; provided, however, that a party so disclosing Confidential Information (the “Disclosing Party”) will give the other party (the “Protected Party”) as much advance notice as reasonably possible of any such disclosure so that the Protected Party may seek a protective order or other remedy. The Disclosing Party will comply with any protective order or equivalent relating to the Confidential Information. If there is no protective order, the Disclosing Party will use its reasonable best efforts to ensure that only the minimum portion of the Confidential Information necessary to comply with the law or order is disclosed. The parties agree that monetary damages for breach of confidentiality under this section will not be adequate and the non-breaching party shall be further entitled to injunctive relief. Notwithstanding anything to the contrary contained herein, this Confidentiality provision shall survive the termination of this Agreement and shall be duly enforceable for a period no less than ten (10) years from the date of such termination of the Agreement.

You shall not, without the express written permission of Kesler.net, assign at law or in equity, sublicense, or deal with any third-party as it relates to this Agreement, the agreed upon Services and any other rights granted hereunder.

This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the courts serving Palm Beach County, Florida, and you hereby consent to the jurisdiction of any such court.

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

This Agreement may be amended by mutual written consent of both Parties.
The Parties agree electronic format communication shall be deemed acceptable as a means to relay information as to Insertion Orders or modification of certain portions of this Agreement if supplemented by written acceptance upon agreement.

This Agreement is the complete and entire agreement between the Parties and supersedes any preexisting agreements, understandings, commitments, representations whether written, oral or implied.

In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

Last Updated: January 17, 2025