Your use of our website constitutes your agreement to the Terms of this Policy. From time to time, we may modify this Policy, so please review it periodically for changes. Your continued use of our website after we have modified the Policy indicates your agreement to the modified terms.
Kinetic Insights LLC
(hereinafter the “Kinetic Insights” or “KI”) WEBSITE (“website” or “site”)
- Copyright Notice – Copyright 2016; Kinetic Insights LLC. All rights reserved. Certain articles or materials contained on this website are also separately copyrighted.
- Trademark Notice – Kinetic Insights as a brand name,- the Kinetic Insights logo and associated trademarks are owned by Kinetic Insights LLC. All rights reserved.
- Warranty and Liability Disclaimer – EXCEPT AS LIMITED BY LAW, KINETIC INSIGHTS LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS WEBSITE, OR ANY PORTION THEREOF, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARK OR PATENT RIGHTS OF OTHERS, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE. IN NO EVENT WILL KINETIC INSIGHTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH ITS WEBSITE.
- Waiver of Responsibility for Defective or Contaminated Materials – Kinetic Insights LLC disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, Kinetic Insights cannot and does not guarantee or warrant that files made available for downloading will be free of “viruses”, “malware”, “infections” or similar software contaminations which may render the software useless or cause damage or destruction to user’s hardware, software or system(s) – although we will use due diligence to ensure our website platform is well-maintained and observes best website security practices. Users are responsible for implementing sufficient procedures and protections against possible damage. Use of the Kinetic Insights Website and the Internet in general is at the user’s own risk.
- User Rules – In order to maintain an efficient and effective site that addresses the needs and interests of its viewers, the following rules apply to the use of this site:
a. users may not post or transmit any message that is libelous, defamatory or obscene, or violates any other organization’s copyrights, person’s copyrights, privacy rights, trademarks, trade secrets or rights in any confidential information. The user hereby indemnifies Kinetic Insights for any and all damages suffered by third parties as a result of user’s violation of this rule.
b. users may not post or transmit any message, data, image or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
c. a user who posts information to this site represents that it is the sole owner of materials posted by it or that is has the right to license their use.
d. users acknowledge and agree that Kinetic Insights may take appropriate action in order to prevent the misuse of the site to disseminate information, statements or materials that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity.
e. users may not interfere with other users’ use of the site, including, but not limited to, the disruption of the normal flow or use of the service.
f. users may not post or transmit any contaminated or destructive files
g. the use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of such materials or of any opinions or comments expressed in such materials.
h. users hereby grant Kinetic Insights LLC a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, perform, display and distribute its posting, any portion of such posting and any derivative works created from such posting, in print, electronic and other media, by any means now known or developed in the future. Kinetic Insights shall not be obligated to pay the posting party any royalties or other compensation for use of the posting. Notwithstanding anything contained in this subparagraph, Kinetic Insights shall delete all identifying information relating to users in the subsequent use(s) of such postings.
- Use of Materials – Users may download, print or transmit information from the site subject to the following conditions:
a. the appropriate copyright and/or trademark notice must be affixed to each copy downloaded, transmitted or printed;
b. use of materials available from the site must be for personal or informational purposes only and in no instance may be used for commercial purposes;
c. materials available from this site may not be modified in any manner;
d. no materials available from this site (including links from pages on other websites) can be used, copied or distributed separate from the accompanying text.
- Choice of Law – These terms and conditions shall be governed and construed in accordance with the laws of the State of Ohio.