Terms Of Use

Welcome to the Kinetic Consulting Group web site on the World Wide Web at www.kineticcg.com (referred to as the "Site"). Please review the following basic rules (the "Terms") carefully because they govern your use of the Site.

YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY CONTENT (DEFINED BELOW) CONTAINED ON THE SITE.

Changes to these Terms

These Terms may be revised at any time. Kinetic Consulting Group will display a notice when these Terms have been revised. Your continued use of the Site after the notice appears constitutes your acceptance of the revised Terms.

License & Ownership Restrictions

All text, graphics, audio clips, videos, logos, icons, links, images, documents, products, services and information on this Site (the "Content") are provided to you by Kinetic Consulting Group or its licensors. Kinetic Consulting Group or its licensors retain all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer (ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use. You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content to any third party unless specifically authorized by Kinetic Consulting Group and/or the applicable licensor. Additionally, you may not “frame” or “mirror” any Content contained on or accessible from this Site on any server or other device without the advance written authorization of Kinetic Consulting Group and/or its licensors.

Your Obligation

In the future you may be prompted to input information on the Site in order to receive certain products or services offered by Kinetic Consulting Group and/or its licensors. If you provide any information to Kinetic Consulting Group through the site, you agree to provide current, complete and accurate information about yourself.

Changes to the Content & Termination of Access

Kinetic Consulting Group and its licensors may make improvements and/or changes to the Content described on the Site at any time without notice to you. Additionally, Kinetic Consulting Group and its licensors reserve the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Site, including its availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you.

Kinetic Consulting Group’s Privacy Policy

Kinetic Consulting Group protects the information supplied by you on the Site in accordance with the Kinetic Consulting Group Privacy Policy. This Privacy Policy only applies to the Kinetic Consulting Group Site. Please see the section below (“Interaction with Third Parties”) for discussion of the privacy policies of third party sites. Kinetic Consulting Group’s Privacy Policy may be revised at any time. Kinetic Consulting Group will display a notice when the Privacy Policy has been revised. Your continued use of the Site after the notice is published constitutes your acceptance of the revised Privacy Policy.

Interaction with Third Parties

The Site may contain links to (and allow you to correspond with, purchase from, and/or participate in promotions of) third party advertisers and/or licensors. Unless otherwise stated, any such interaction shall be solely between you and that third party.

The third party’s site may have terms of use, a privacy policy and/or other terms and conditions that differ from those of Kinetic Consulting Group. Kinetic Consulting Group is not responsible for the content of such sites or for implementing, monitoring or enforcing the terms of use, privacy policies and/or other terms and conditions of such sites. You acknowledge and agree that Kinetic Consulting Group shall not incur any liability arising out of your use of any such sites.

Passwords

Kinetic Consulting Group may offer password protected areas on the Site for certain services. Such areas will only be accessible if Kinetic Consulting Group has issued to you a login and password. If you have been issued a login and password, you are responsible for maintaining the confidentiality of your login and password and for any and all activities, including fees incurred, under your login and password, whether or not you are the individual who undertook such activities.

Chat Rooms & Bulletin Boards

Kinetic Consulting Group may offer chat rooms and bulletin boards on the Site where users may submit or post information and material. Kinetic Consulting Group asks that you respect the Kinetic Consulting Group online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, you agree not to:

  • Participate in off-topic discussions
  • Harm minors in any way
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity, or disguise the origin of any materials submitted through the Site
  • Link to content not allowed in the Site
  • Collect or store screen names or personal data of, or about, other users for any purpose
  • Transmit any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable
  • Discuss, incite or engage in illegal activity;
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, “spam,” chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Site that are specifically designated for such purpose
  • Transmit any material that contains a “virus,” “worm,” “Trojan horse” or other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware
  • Disrupt communication in any manner including, without limitation, repeatedly hitting the return key or inputting large images that make review of the material on the screen difficult for other participants
  • Infringe any patent, copyright, trademark, trade secret or other intellectual property right of another or otherwise transmit any materials that you do not have a right to transmit under any law or any contractual or fiduciary relationship


Indemnification

By using the Site you agree to indemnify and hold harmless Kinetic Consulting Group from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Kinetic Consulting Group in relation to any third party’s claim that use of the Site by you or under your login and/or password, if any, violates (a) any copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations, or (d) any other applicable law or regulation.

Warranty

UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED TO YOU "AS-IS." NEITHER KINETIC CONSULTING GROUP NOR ITS LICENSORS WARRANTS THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL BE ACCURATE AND COMPLETE. KINETIC CONSULTING GROUP AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SITE AND CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KINETIC CONSULTING GROUP NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL KINETIC CONSULTING GROUP OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF KINETIC CONSULTING GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

Local Laws; Export Control

Kinetic Consulting Group controls and operates this Site from its headquarters in the United States of America and makes no representation that the Content is appropriate or will be available for use in other countries. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations, privacy laws and advertising laws of other countries in relation to the Content or the Site.

General

If Kinetic Consulting Group becomes aware of inappropriate use of the Site or any Content, Kinetic Consulting Group may suspend or terminate your access to the Site, and/or any Content, and take other appropriate action including, but not limited to, contacting law enforcement authorities. When requested, Kinetic Consulting Group will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Mateo County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Kinetic Consulting Group to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kinetic Consulting Group in writing. The headings used throughout these Terms are provided only for convenience. The Terms comprise the entire agreement between you and Kinetic Consulting Group regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Trademarks

Kinetic Consulting Group is a trademark, registered trademark and/or service mark of Kinetic Consulting Group in the United States and other countries. All rights reserved. All other trademarks and service marks appearing on the Site are the property of their respective owners.

Copyright Notice

Copyright © 2008-2009, Kinetic Consulting Group. All rights reserved.