These Website Terms and Conditions of Use (“Terms”) are effective as of March 24, 2011.
WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR USING THE ONLINE SERVICES AND PRODUCTS PROVIDED THEREON. BY UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU (the "User") HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS WEBSITE.
UNAUTHORIZED USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF PASSWORDS OR POSTED INFORMATION, IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS WEBSITE INCLUDE ANY USERS VISITING THIS WEBSITE FOR PERSONAL AND/OR INFORMATIONAL PURPOSES, CLIENTS AND POTENTIAL CLIENTS OF KINETIC, KINETIC EMPLOYEES, CANDIDATES FOR EMPLOYMENT OR USERS SEEKING INFORMATION ABOUT EMPLOYMENT OPPORTUNITIES AT KINETIC, AND ANY OTHER USERS AUTHORIZED BY KINETIC.
USE OF THIS WEBSITE BY RECRUITERS, "HEAD HUNTERS," EMPLOYMENT CONSULTANTS OR AGENCIES, PERSONNEL PLACEMENT AGENCIES, PROFESSIONAL SERVICES COMPANIES, EMPLOYMENT CONTRACTORS AND STAFFING AGENCIES SEEKING CURRENT KINETIC EMPLOYEES AS CANDIDATES FOR PLACEMENT IS STRICTLY PROHIBITED.
No Offer/Local Restrictions
Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. Kinetic offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, by reason of that person's nationality, residence or otherwise. Persons subject to these restrictions must not access the Website.
All materials displayed or otherwise contained on this Website, including without limitation, all images, text, articles, programs, photographs, illustrations, and graphics are owned by Kinetic, or a licensor thereof, and are protected by U.S., and international copyright laws. Any commercial use of these materials by the User is strictly prohibited without the express written permission of Kinetic, and nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, such permission.
By utilizing this Website, the User agrees not to sell, copy, publish, distribute, transfer, modify, display, reproduce or create derivative works from the materials on this Website for commercial use. The User agrees not to publish, display or redeliver any of the pages, text, images or content of this Website using "framing" or similar techniques. The User also agrees not to publish or maintain a hyperlink to any portion or page of this Website other than to the homepage http://www.kineticgm.com/ unless such hyperlink is for personal use AND is created and transmitted using the "email this page" function of the Website.
Trademarks and Service Marks
All trademarks, service marks, trade names, and logos displayed on this Website (collectively referred to as the "Marks") are proprietary to Kinetic or their respective owners, and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to Kinetic without Kinetic’s express written consent, is strictly prohibited.
No Warranty, Limitation of Liability
THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS". KINETIC DOES NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT KINETIC SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN KINETIC AND YOU. KINETIC SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS. IN NO EVENT WILL KINETIC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THIS WEBSITE, EVEN IF KINETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KINETIC SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY KINETIC OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS OR DATA PROVIDED HEREIN.
YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, STRATEGIES AND RESEARCH, DAILY WIRES, AND EDUCATIONAL ARTICLES) CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
These Terms contain the final and entire agreement between the Company and all users of the Website and supersede all previous verbal or written agreements regarding use of the Website. These Terms, as well as any and all claims arising from use of the Website will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made entirely within the State of New York and wholly performed in the State of New York, without regard to any conflict or choice of law principles. The User agrees that any dispute or controversy arising out of these Terms shall be prosecuted exclusively in the state or federal courts in the State of New York.
Certain webpages on this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.
Add the following:
No person may establish hyperlinks either to the Website or away from the Website without the prior written consent of an appropriate officer of Kinetic, which consent may be given or withheld in our sole discretion. Hyperlinks to pages other than the homepage shall not be made without our express authorization.
You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the Website, any Kinetic information or material, or part thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while Kinetic implements reasonable security precautions to attempt to prevent such occurrences, we cannot and do not guarantee that such events will not take place.