Terms of Use
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| The following Terms of Use apply to the Kinetek Systems,
Inc. web site (the "Web Site") and to the software, services,
products, resources, information, content and materials on the Web
Site ("Site Content"). By using the Web Site or the Site
Content, you accept and agree to comply with the following Terms of
Use. Your use of certain resources made available on the Web Site
or the conduct of certain transactions may be subject to certain additional
terms and conditions, which will be made available to you prior to
using such resources or conducting such transactions. We reserve the
right to modify, alter, update, or remove portions of these Terms
of Use at any time, so please check these Terms of Use (and our Privacy
Policy) from time to time. Your continued use of the Web Site signifies
your acceptance of any changed items. If you do not agree with our
Terms of Use, your sole remedy is to discontinue your use of the Web
Site. The failure of Kinetek Systems, Inc. to enforce these Terms
of Use, for whatever reason, shall not be construed as a waiver of
any right to do so at any time. |
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Disclaimers and Warranties
Except for these limited warranties, the Web Site and Site Content
are provided on an "as is" and "as available"
basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KINETEK
SYSTEMS, INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR
THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
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Limitation of Liability
YOU AGREE THAT NEITHER KINETEK SYSTEMS, INC. NOR ITS SUPPLIERS
SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT
OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
KINETEK SYSTEMS, INC.; (3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEB SITE.
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Indemnity
You agree to indemnify, defend, and hold harmless Kinetek Systems,
Inc. and their officers, employees, directors, agents, suppliers
and sponsors from and against any and all claims, damages, costs,
or other expenses (including reasonable attorneys fees) that arise
directly or indirectly out of or from: (1) any breach of these Terms
of Use or of any representation or warranty made by you in these
Terms Of Use; (2) your Submissions; and/or (3) your activities in
connection with the Web Site or Site Contents.
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