IMPORTANT: By accessing this service, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Description of Service
Kinetic Data, Inc. ("Kinetic Data"), hosts this website (the "Site") on its Kinetic Task Community environment (the "Task Community"). The Task Community and all information, communications, documentation, scripting, images, graphics and other materials and services found on the Site (collectively, the "Service") is for the use of registered developers, employees and other authorized users of the Site, but only for the purpose of software development.
Grant of License to Use
Subject to the terms and conditions set forth in these Terms of Service ("TOS"), Kinetic Data, and their affiliates and content suppliers (collectively, "Site Providers") grant user ("You") an individual, personal, non-exclusive, non-transferable, and revocable license (the "License") to use the Service offered through the Site, including the Task Community. Upon termination of these TOS for any reason, the License will terminate, and You will cease to have access to the Service. Any rights not expressly granted herein by Site Providers are reserved. You acknowledge and agree that You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code or underlying ideas or algorithms of the Task Community; (ii) modify, translate, or create derivative works based on the Task Community; (iii) rent, lease, distribute, sell, resell or assign, or otherwise transfer rights to the Task Community; or (iv) remove any proprietary notices in the Task Community. You acknowledge and agree that the Task Community includes the valuable proprietary and trade secret information and property of Kinetic Data or its licensors. Title, ownership rights and intellectual property rights, including but not limited to, copyright and patent rights in the Task Community shall remain in Kinetic Data and/or its licensors. You acknowledge the ownership and intellectual property rights of Kinetic Data and will not take any action to jeopardize, limit or interfere in any manner with Kinetic Data's or its licensors' ownership of or rights with respect to the Task Community. The Task Community is protected by copyright law and other intellectual property laws and by international treaties.
This Site may contain other license(s) applicable to content on this Site ("Other License(s)"). You agree to abide by the terms of any such Other License(s). In the event of any conflict between certain provisions of the Other License(s) and the TOS, the applicable provisions of the Other License(s) shall prevail.
Compliance with Laws
You agree to comply with all applicable laws and regulations of the United States and foreign authorities, including, without limitation, laws regarding the transmission of technical data, such as encryption, exported from the United States or from the country in which You reside. You agree not to export, re-export or import the Task Community or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the Task Community nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country subject to United States trade sanctions applicable to the Task Community or Service, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. By using the Service, You agree to the foregoing and represent and warrant that you comply with these conditions.
Registration is required for you to use the Service. You must provide certain current, complete, and accurate information about yourself as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that the Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, Site Providers retain the right, in their sole discretion, to suspend or terminate your rights to use the Service.
Passwords and Security
At the time of registration, You must provide Site Providers with your full first and last name, the name of your organization, if any, and your valid e-mail address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Kinetic Data of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that You exit from your account at the end of each session. Site Providers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
KINETIC DATA and the Powered by Kinetic Task logo are trademarks or registered trademarks of Kinetic Data, Inc. (the "Kinetic Data Marks") in the United States and other countries. You agree not to display or use the Kinetic Data Marks in any manner without Kinetic Data's prior written permission.
Links to Other Websites
The Site may provide links to other websites (collectively, "Third Party Website(s)"). Site Providers are not responsible for the availability of such other Third Party Websites and do not endorse and are not responsible or liable for any content, products or other materials available on such Third Party Websites. Links to Third Party Websites do not constitute an endorsement by Site Providers of such Third Party Websites or the sponsors of such Third Party Websites or the content, products, advertising or other materials presented on such Third Party Websites. Site Providers do not author, edit, or monitor these unofficial links and reserve the right to terminate any such link at any time. You acknowledge and agree that Site Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such Third Party Website. If You decide to access any of the Third Party Websites linked to the Site, You do so entirely at your own risk.
U.S. Government Restricted Rights
The Task Community, including any related documentation, is provided with restricted rights for U.S. Government users. Use, reproduction, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 12.212 (Commercial Computer Task Community) and DFAR 227.7202 (Rights in Computer Task Community and Computer Task Community Documentation), as applicable.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FROM SITE PROVIDERS. SITE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE SERVICE AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, SITE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE SITE IS COMPLETE, ACCURATE OR AVAILABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SITE PROVIDERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
SITE PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY LOSS, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SITE PROVIDERS IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You shall indemnify, defend, and hold harmless Site Providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of your use of the Service.
You agree that Site Providers may, at their sole discretion, deny You access to the Site and disable any user name and password associated with You for any reason, including, without limitation, if Site Providers believe that You have violated or acted inconsistently with the terms and conditions of the TOS. Site Providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service offered through the Site (or any part thereof) with or without notice. You agree that Site Providers shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
Notices to You may be made via e-mail. Site Providers may also provide notices to You by displaying notices or links to notices on the Site.
Changes to the Terms
Kinetic Data may make changes to the Terms of Service from time to time. When these changes are made, Kinetic Data will make a new copy of the Terms of Service available at http://community.kineticdata.com/20_...rms_of_Service and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the Terms of Service have changed, Kinetic Data will treat your use as acceptance of the updated Terms of Service.