Conditions of use
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION. BY USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE CONDITIONS.

Some Useful Definitions
In these Conditions:

“Affiliate”

in relation to any company, means any company it controls or is controlled by or with which it is under common control.

“Comments”

means comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials and Content).

“Content”

means any and all textual and graphical content including, without limitation, text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URL, trademarks, data, media and other content in any form.

“IP”

means (a) all copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

“Laws”

means laws, regulations, rules, orders, codes of practice or other requirements of any governmental authority or regulatory body of competent jurisdiction from time to time.

“Malware”

means any software designed to infiltrate, interfere with, intercept, expropriate or damage a computer system, data or personal information, without the owner’s informed consent, including, but not limited to, “trojans”, “worms”, “logic bombs” and “cancelbots” as the same may be generally understood within the computing industry from time to time and any other malicious and unwanted software.

“Our Data”

means any and all data or other information generated by or in connection with Our Website, or your use of Our Website, or acquired by you or your Affiliates from us or our Affiliates.

“Our Policies”

means all standards, policies, practices, specifications, technical requirements, schedules, terms, conditions, guidelines, rules, and other information on Our Website or such other website as may be notified to you from time to time, and as such documents may be amended from time to time by us in our sole discretion.

“Our Property”

means any and all:

software, code, scripts, functionality, hardware, technology, and documentation developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website;
interfaces, protocols, databases, data formats, structured XML formats, grammars, glossaries, libraries, specifications, and other similar materials developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website;
our trademarks, service marks, logos, insignia, domain names, trade names, trade dress (including any “look and feel”) whether now known or created in the future;
Our Content;
Our Website;
ideas, processes, procedures, systems, methods of operation, concepts, principles, and discoveries of any kind made or developed at any time; and
Our Data.

“Our Website”

means the website with the top-level domain of kineticmktg.com, and any replacement or successor website in place from time to time.

“us,” “we” and “our”

refers to Kinetic Marketing LLC, a Delaware corporation with its principal place of business at 90 Merrick Avenue, East Meadow, New York 11554, our successors and assigns.

“Your Account”

means your registered account is set up for you to allow you to, among other things, purchase our (or our Affiliates) products and services, manage orders placed by you through Our Website and set up and manage your profile within the social community accessible through Our Website.

“Your Country”

means:

The United States of America

Introduction
If you do not agree with any part of these Conditions, do not visit or use Our Website. If you use any part of Our Website you agree to these Conditions. If you do not want to agree to these Conditions, do not use Our Website.

Changes to these Conditions
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Conditions or any of Our Policies at any time for any reason, and by visiting or using Our Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Your Privacy
Our Privacy Policy sets out how we use the personal data of people who use Our Website. By using Our Website, you agree to the way in which we process your personal data in the manner set out in these Conditions and our Privacy Policy.

Registration Information
If you elect to register on Our Website, you must provide your real name, address, phone number, and email address. You must ensure that all registration information you give us is complete, accurate and truthful and that you keep such information up to date at all times. We reserve the right to reject any registration and to refuse service to anyone for any reason, at our sole and absolute discretion. We reserve the right to terminate Your Account immediately and without notice to you at any time and for any reason, including, without limitation, if you provide false or incorrect information when you register or if you don’t keep your information up to date.

Passwords
Shortly after you have accepted and agreed to these Conditions, the password that you create will be activated to enable you to access the password-protected portions of Our Website. You must not share your password with anyone else. It is your responsibility to remember and protect your password and you must not disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You shall not access or use Our Website by means of any automated program, expert system, electronic agent, or “bot,” and shall not give any person or entity access to Our Website. You may never use someone else’s account, username, or password without permission. You are responsible for maintaining the confidentiality of your password and Your Account, and you shall be fully responsible for all activities that occur under your password or Your Account. You agree to notify us immediately if you discover any unauthorized use of your password or Your Account or any other breach of security.

Our IP
You acknowledge that we, our Affiliates or licensors, own all IP on Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “Kinetic” and related logos; (b) the design, text, graphics, articles, blogs and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license.
All IP in Content, data, or other materials provided by us, shall be owned by us, our Affiliates, or licensors. We hereby grant you a non-exclusive, non-transferable, personal, and limited license to access and use Our Website. Subject to Our Policies, you may link to the home page of Our Website. However, you must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags, or other hidden text without our express written permission (which may be granted or withheld at our absolute discretion).

Prohibited Actions
You acknowledge that we, our Affiliates or licensors, own all IP on Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “Kinetic” and related logos; (b) the design, text, graphics, articles, blogs and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license.
We have the right to investigate your online activities for ‘click-fraud’ or any similar activity, and you agree to provide reasonable help with these matters. Except as expressly provided herein, we reserve all rights with respect to Our Website and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You must not use Our Website: (a) for any unlawful purpose; (b) to harm, threaten, abuse, or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or our Affiliates; (c) to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists; (d) to provide any kind of commercial information service; (e) as a source of material or contact data for any kind of marketing activity; (f) to tamper with, update or change any part of Our Website; (g) in a way that affects how Our Website is run; (h) in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us; or (i) using any automated means, to monitor or copy Our Website or its Content, or to interfere with or attempt to interfere with how Our Website works.
You must not systematically extract and/or re-use any or all of Our Website or its Content without our express written permission (which may be granted or withheld at our absolute discretion). In particular (and without limiting the generality of the foregoing), you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use (whether once or many times) all or a substantial part of Our Website.

Content and Comments you provide to us
If you provide or post any Content or Comments to Our Website (for example, by commenting on a blog, posting a review, or uploading any other Content including a video), such Content and Comments shall be deemed to be non-confidential and you agree to grant us permission, irrevocably and free of charge, to use your Content and Comments in any way we want on any site or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites. Subject to the conditions described in the Privacy Policy, we shall have no obligation of any kind with respect to such Content and Comments and shall be free to use, copy, modify and/or distribute the Content and Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgment to you, including, but not limited to developing and marketing products incorporating such Content or Comments. We do not edit, pre-vet, or review any Content or Comments displayed on Our Website. We operate a notice and takedown procedure regarding such Content and Comments. If you believe that any Content or Comment does not comply with the requirements set out in these Conditions or Our Policies, please notify us immediately. We will then review the Content or Comments and, where we deem it appropriate, remove the Content or Comments within a reasonable time.
After posting or emailing your Content or Comments to Our Website, you continue to own that material, and you continue to have the right to use your Content and Comments in any way you choose.
Please choose carefully any Content and Comments you post on Our Website, as it will be available for public viewing. By providing any Content or Comments to Our Website, and for us to be able to use it, you confirm you and the Content and Comments comply with all obligations set out in these Conditions, and in particular that: (a) your Content and Comments are your own original work or you are authorized to provide them to Our Website; (b) your Content and Comments are not defamatory (that is, they do not damage someone’s good reputation), and do not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory; (c) your Content and Comments do not take away or affect any other person’s privacy rights, contract rights or any other rights, and do not otherwise break any applicable Laws; (d) your Content and Comments comply with Our Policies; (e) your Content and Comments do not promote any illegal activity or discrimination; (f) you have the right to give us permission to use your Content and Comments for purposes specified above and that such use will not infringe the IP, privacy or other rights of a third party; (g) your Content and Comments are not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation; (h) your Content and Comments do not contain any Malware; (i) if your Content or Comments are intended to promote your own business, products or services, you will clearly and openly state your association with the particular business, products or services; (j) you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and (k) your Content and Comments do not contain any form of mass-mailing or spam.
You acknowledge that we do not have a duty to publish any Content or Comments you have provided and we can remove or edit Content or Comments at our discretion.
We have the right to: (a) reject or refuse to post any Content or Comments you have provided; (b) remove any Content or Comments from Our Website, whether or not the Content or Comments go against any of these Conditions; or (c) restrict, suspend or stop your access to all or any part of Our Website at any time.
We will usually display your name with your Comments on Our Website unless you ask us not to (as long as it is possible to do this). We may need to contact you for administrative purposes or to make checks on your Content or Comments. For full details of when and how we may contact you, please see our Privacy Policy.
If you do not want to grant us the permission set out above on these terms, please do not provide any Content or Comments to Our Website.
Disclaimer: The opinions expressed within Comments are those of the author and not our views or opinions. We do not endorse any Comments posted on Our Website.

Claims of Defamation or IP Infringement
It is not practical for us to check all Content and Comments posted to Our Website by our users. Instead, we offer a notice and takedown procedure. If you believe that any information posted on Our Website is defamatory or infringes your IP rights in any way, please notify us immediately via our Defamation, Copyright, and Trademark Infringement Policy. We will then review the information and, where we deem it appropriate, remove it within a reasonable time.

Disclaimer of Warranties; Limitation of Liability; Release
OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, DATA, AND INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.” YOU USE OUR WEBSITE AND ANY ONLINE FUNCTIONALITY OR TOOLS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR SERVICE PROVIDERS, AND OUR AFFILIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, DECLARATIONS, OR GUARANTEES REGARDING THESE CONDITIONS, OUR WEBSITE INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL EXPRESS AND IMPLIED CONDITIONS, TERMS AND/OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY AND ALL OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (WHETHER OR NOT ARISING FROM OUR, OR OUR AFFILIATES’ NEGLIGENCE).
YOU USE OUR WEBSITE AT YOUR OWN RISK. WE ADVISE YOU TO MAKE SURE YOU ARE SATISFIED WITH THE EXACT TYPE AND NATURE OF PRODUCTS OR SERVICES BEING OFFERED BY US OR OUR AFFILIATES AND THEIR SUITABILITY FOR YOUR PURPOSES. YOU SHOULD NOT RELY ON OUR WEBSITE FOR ADVICE. OUR WEBSITE CONTAINS HYPERLINKS TO WEBSITES RUN BY COMPANIES OTHER THAN US AND OUR AFFILIATES. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, ANY OTHER WEBSITES MADE AVAILABLE FROM OR THROUGH OUR WEBSITE. WE DO NOT GIVE ANY GUARANTEES ABOUT THEIR CONTENT OR HOW THEY WORK. YOU ACCESS AND USE THESE SITES AT YOUR OWN RISK AND WILL NEED TO KEEP TO ANY CONDITIONS OF USE THAT APPLY TO THOSE WEBSITES. WE DO NOT APPROVE OR SPONSOR OR ENDORSE ANY PRODUCTS, SERVICES, OR CONTENT YOU ACCESS OR BUY THROUGH OUR WEBSITE OR ANY THIRD-PARTY WEBSITE WE LINK TO.
NEITHER WE, NOR OUR AFFILIATES, WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PURCHASES.
SOME JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT.
NEITHER WE, NOR OUR SERVICE PROVIDERS OR AFFILIATES, WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) FOR: (a) LOSS OF REVENUES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, OR DAMAGE TO, OR CORRUPTION OF, DATA OR SOFTWARE, OR WASTED EXPENDITURE, IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; or (b) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES TO YOU AND YOUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR $100 (, WHICHEVER IS THE GREATER. NOTHING IN THESE CONDITIONS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
NOTWITHSTANDING ANYTHING IN SECTION 10 OR ANYTHING TO THE CONTRARY IN THESE CONDITIONS, AND WITHOUT LIMITING ANYTHING IN SECTION 10, NEITHER WE, NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING OUT OF OR RELATED TO ANY BETA FEATURES. “BETA FEATURE” MEANS ANY SERVICE FEATURE THAT IS EXPRESSLY IDENTIFIED AS “BETA”, “ALPHA”, “EXPERIMENTAL”, “PILOT”, “EVALUATION”, “PRE-RELEASE”, OR SOME SIMILAR DESIGNATION OR THAT IS OTHERWISE EXPRESSLY IDENTIFIED AS UNSUPPORTED.

Indemnification
You shall indemnify, hold harmless and defend us, our Affiliates, our and our Affiliates’ directors, officers, employees, agents and subcontractors, our licensors and assigns from all claims, liabilities, losses, damages, settlements, costs and/or expenses, whether or not partially attributable to our negligence or that of our Affiliates, including reasonable attorneys’ fees and expenses, and third party claims or liability (collectively, “Liabilities”) arising out of or in connection with: (a) your use of Our Website; (b) your breach or alleged breach of these Conditions or of any of Our Policies; (c) your Content or any use of it by us or our Affiliates, agents, service providers or sub-licensees, including, but not limited to, claims of defamation; (d) any claim or allegation that Content, Comments or any use of them by us or our Affiliates, agents, service providers or sub-licensees infringes or is alleged to infringe a third party’s intellectual property rights; and (e) any personal injury, death or property damage caused by you. You will use counsel reasonably satisfactory to us to defend each indemnified claim, and we may elect to participate in the defense at our expense. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Your defense and indemnification obligation will survive the term of these Conditions.

Force Majeure
We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder.

Suspension or Termination
We reserve the right to deny, terminate, or suspend Our Website and/or your access to it without notice if, in our sole discretion, for any reason, including without limitation, if you breach these Conditions or Our Policies, and/or you use Our Website in a manner that violates or may violate any applicable custom, use, practice, or Law.
We reserve the right, in our sole discretion, to halt any sale or prevent or restrict access to Our Website. We further reserve the right to take any action to restrict access to or remove any objectionable Content, Comments or other material or items that violate these Conditions or Our Policies.

Governing Law and Jurisdiction
These Conditions shall be governed by and interpreted in accordance with the laws of the State of New York (without reference to its conflicts of laws principles) and the Federal and State Courts located in New York County, New York, shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with these Conditions.

Notices
We will give you notices (including contractual notices) electronically, by emailing you or posting the notice on Our Website. You hereby consent to receive notices and other communications from us in this manner and agree that such notices are “in writing”.

Third-Party Rights
The parties to these Conditions do not intend that any term should be enforceable by any person who is not a party to these Conditions other than our Affiliates who shall be entitled to any actions and rights as us. Each of our Affiliates shall be entitled to enforce the terms of these Conditions in its own right. For the avoidance of doubt, we may vary the terms of these Conditions so as to extinguish or vary the rights of our Affiliates without requiring additional consent from such affected Affiliates. We are not your fiduciary or trustee.

Ethical Standards
You shall, and shall make sure that your officers, employees, agents, and service providers shall: (a) at all times comply with all anti-corruption laws applicable to you; and (b) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantages with respect to any matters which are the subject of these Conditions and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to you or us. If you become aware of any breach or suspected breach of this Condition, you must notify us promptly. We may immediately suspend the operation of these Conditions on written notice, pending investigation. You must assist us in any such investigation. If, in our reasonable opinion, you have breached this Condition: (a) we may immediately terminate these Conditions by giving you written notice; and (b) you shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.

Miscellaneous
These Conditions, Our Policies, and any documents referred to in them constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior agreements claims, representations, and understandings of the parties in connection with the subject matter hereof. If any provision of these Conditions is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and these Conditions shall remain in full force and effect.