IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE KINETTIX WEBSITE OR RELATED FEATURES, FUNCTIONALITY, AND SERVICES. YOUR ACCESS TO OR USE OF THE KINETTIX WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.
Kinettix reserves the right to update and amend these Terms at any time, in its sole and absolute discretion. All such amendments and updates will become effective immediately upon posting to the Kinettix Website.
USE OF THE KINETTIX WEBSITE
You shall not access or use the Kinettix Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the Kinettix Website and viewing related materials. You will not upload any viruses or harmful or obscene information to the Kinettix Website. You will not access, or attempt to access, any nonpublic features of the Kinettix Website.
USE OF IMAGES; CREATIVE CONTENT
Kinettix owns the Kinettix Website and all related data, materials, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein. The images, materials, and content on the Kinettix Website are available exclusively for non-commercial, personal, and educational use. You may only access or view such images, content, and features on a temporary, non-commercial basis for the sole purpose of your personal charitable, education, viewing, or "fair use" (as defined in the United States copyright laws) purposes. Without limiting the foregoing, your use of any such information, content, or images displayed on the Kinettix Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such images and content. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such content and materials, including all copyright and other intellectual property laws. You agree to not misuse, misappropriate, modify, or alter any such images, information, or content displayed on the Kinettix Website. To the extent you use any such images or content in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to Kinettix, as applicable.
If you submit any ideas, concepts, information, materials, images, or other works or materials (collectively, "User Submitted Content") to Kinettix, whether through the Kinettix Website or otherwise, you agree that (i) Kinettix shall have no obligation to incorporate such User Submitted Content into the Kinettix Website or related products or services; and (ii) you hereby grant and upon creation or submission thereof do hereby automatically grant to Kinettix an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license and right to use, incorporate, and exploit such User Submitted Content for any purpose. To the extent Kinettix incorporates any such User Submitted Content, you agree that you shall have no monetary or other rights to any work in which the User Submitted Content is incorporated.
If you have any questions about these restrictions, or if you would like to use any of the images or content on the Kinettix Website in any way not permitted herein, please contact Kinettix at [_Email Address_].
DISCLAIMER OF WARRANTIES
THE KINETTIX WEBSITE, THE INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT OFFERED OR SOLD THROUGH THE KINETTIX WEBSITE, ARE PROVIDED ON AN "AS-IS" AND "WHERE-IS" BASIS. The Kinettix makes no representations or warranties related to (i) any images, data, or content contained on the Kinettix Website; (ii) any information posted on the Kinettix Website; or (iii) any product sold through or features displayed or offered on the Kinettix Website. Kinettix hereby disclaims all express and implied warranties related to the same. Without limiting the foregoing, Kinettix does not guarantee that (a) the Kinettix Website or the products sold through the Kinettix Website, will meet your expectations or requirements; (b) the Kinettix Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the Kinettix Website will be corrected.
You acknowledge and agree that the information and services available on the Kinettix Website are offered for information purposes only, and that your reliance on the information available on the Kinettix Website is at your sole risk.
LIMITATION OF LIABILITY
KINETTIX IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE KINETTIX WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE KINETTIX WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON THE KINETTIX WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, KINETTIX WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE KINETTIX WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OR SERVICES OFFERED THROUGH OR ADVERTISED ON THE KINETTIX WEBSITE EVEN IF KINETTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
These Terms, and your use and access of the Kinettix Website, will be governed by the laws of the State of Ohio. Any dispute related to these Terms, the Kinettix Website, or the content, products, or materials offered through the Kinettix Website, will be decided exclusively by the state or federal courts located in Hamilton County, Ohio, and you hereby submit to the exclusive jurisdiction and venue of such courts.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold Kinettix and Kinettix's directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) relating to or arising out of (i) any unauthorized activity related to your use of the Kinettix Website or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Kinettix Website or images or materials displayed therein using your computer; or (iv) any use of products sold through the Kinettix Website.