ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE (“SITE”).
Please read this Agreement carefully before accessing or using this Site. By accessing or using this Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this Site. Kinetic Networks, Inc. (“Kinetic”) at its sole discretion may modify this Agreement and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
Permissions and Trademark Guidelines
The following guidelines are provided for the use of certain copyrighted materials, such as images, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by Kinetic and provided under license. To use such materials, you must first agree to the following license terms:
The materials available for download on this site are subject to these license terms, as well as any specific guidelines contained herein. If you download any materials from this site, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download.
You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by Kinetic in the permissions and trademark guidelines described herein.
You acknowledge that Kinetic reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.
You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Kinetic copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
Kinetic shall not be liable to you or any other party for any lose of revenue or profit or for indirect, incidental, special, consequential, or other similar damages.
Copyright & Licenses
The entire contents of this Site are copyrighted under the United States copyright laws. The owner of the copyright is Kinetic Networks, Inc. You may print and download portions of material from the different areas of this Site. You agree not to change or delete any proprietary notices from materials downloaded from this Site.
Use of this Site
You understand that, except for information, products or services clearly identified as being supplied by this Site, this Site does not operate, control or endorse any information, products or services on the Internet in any way. Except for the Site-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with this Site. You also understand that this Site cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet. Kinetic does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to this Site, any merchandise, information or service provided through this Site or on the Internet generally, and Kinetic shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. Kinetic does not warrant that this Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site and any software made available on the Site web site are provided on an "as is, as available" basis.
In no event will Kinetic be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use this Site, or any information, or transactions provided on this Site or downloaded or hyperlinked from the Site, even if Kinetic or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through, or hyperlinked from, the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Kinetic’s liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Kinetic and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Kinetic and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Kinetic’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Kinetic may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contact Us Kinetic Networks, Inc.
33 New Montgomery Street
Suite 1200
San Francisco, CA 94105 Phone: (415) 358-5100
Fax: (415) 358-5101 info@kineticnetworks.com
