Terms and Conditions
Last Updated August 12, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Kinetic Technologies, L.L.C. (“Kinetic”) provides you, as the user, access and use of Kinetic’s website. Such use is subject to your compliance with these terms. By accessing, browsing, and using this website, you agree to be bound by these terms and all applicable laws both state and federal. If you do not agree to be bound by these terms and applicable law each time the website is used then access and use of this website is prohibited.
A. Related Terms, Policies, and Agreements
These terms apply specifically to your access to, and use of the website. The terms specified herein do not, in any way, alter the terms or conditions of any other agreement you may have with Kinetic in relation to products or services.
B. Modification of Terms and Conditions of Use
Kinetic expressly and solely reserves the right to modify these terms in its sole discretion. If these terms are modified, Kinetic will post the new terms on the website and will note the date they were last updated. Your access and use of the site following the posting will constitute acceptance of the new terms.
C. Intellectual Property
- Ownership. All Site Materials are owned by Kinetic and others and are protected by United States and international copyright, trademark and other laws.
- Trademarks. Kinetic Technologies, and their respective designs and/or logos are either trademarks or registered trademarks of Kinetic and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kinetic. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Kinetic, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kinetic. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
- Restrictions on Use. Except as stated in these terms, none of the materials and intellectual property described in these terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Kinetic or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials on the website (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Kinetic, is strictly prohibited.
- Copyright. To notify Kinetic of a suspected copyright infringement, write to us at:
Kinetic Technologies, L.L.C. 500 Norwood Drive Algona, IA 50511 USA
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description or identification of the copyrighted work you claim has been infringed.
- A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
- Your address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
E. Financial Transactions
- Use of Information. If you wish to purchase any product or service made available through Kinetic’s website (“Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Kinetic the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
- Communications. Kinetic may email, call or text by telephone regarding your account or your Transactions. You agree that Kinetic may make such calls or texts to a mobile telephone or other similar device.
F. General Terms and Conditions
- Calls to You. By providing Kinetic with a telephone number (including a mobile number), you consent to receiving calls, including autodialed and prerecorded messages, from Kinetic at that number for service-related purposes.
- Password and Security. If you are issued or create any password or other credentials to access Kinetic’s services or the portion of the website through which services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals. You also agree to be responsible for all actions taken by anyone to whom you have provided or made available such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the website or services without your consent, you must inform us at once by contacting us using the address provided in B.4 above.
- Links and Frames. Links to other sites may be provided on the portion of the website through which services are offered. These links are offered for your convenience. By providing these links, Kinetic is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them. Kinetic is not responsible for the information, materials, or services related to any other websites. Kinetic makes no representations concerning the content of websites outside of Kinetic’s own website, and cannot be held responsible for the accuracy, relevance, copyright compliance, legality or decency of material contained in other websites. You may link to the home page Kinetic’s website. You may not, however, link to other pages of Kinetic’s website without Kinetic’s express written permission. You also may not “frame” material Kinetic’s website without Kinetic’s express written permission. Kinetic reserves the right to disable links from or to any third-party sites at any time.
- Exclusions of Warranties. THE WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, KINETIC DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF ITS SERVICE, AND OPERATION OF KINETIC’S WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF KINETIC’S CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND KINETIC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL KINETIC, ITS AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL KINETIC OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE WEBSITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL KINETIC OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE WEBSITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT AS DESCRIBED IN SECTION E.8 BELOW WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF KINETIC AND ITS AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO A MAXIMUM OF $100 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF KINETIC OR ITS AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
- Severability. If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Waivers. No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
- Law and Forum for Disputes. These terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of laws thereunder. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against Kinetic must be resolved by a court located in Kossuth County, Iowa, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
- Indemnification. You agree to defend, indemnify and hold harmless Kinetic and its Affiliates and Services Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these terms and/or your use of the website or services.
- Termination. Notwithstanding any of these terms, Kinetic reserves the right, without notice and in its sole discretion, to terminate your license to use the website, and to block or prevent future access to and use of the website if you violate any of these terms or Kinetic’s policies. Upon termination, these terms shall remain applicable.
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