(last revised on August 27, 2018)
These terms of use govern your access to and use of all [www.Kenect.com] website pages and content. Any use of this website constitutes your agreement to be bound by these Terms of Use and our Privacy Policy, found at https://kenect.com/privacy-policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this website.
Use of Kenect’s online products and services are also subject to the Terms of Service, found at: https://kenect.com/terms-of-service.
The Terms of Service and Privacy Policy are hereby incorporated by reference into these Terms of Use.
By using this website, you represent and warrant that you are at least 18 years of age or older and possess the legal right to agree to, and use this site in accordance with, these Terms of Use.
1. USE OF OUR SITE
Kenect grants to you worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use its website solely in accordance with these Terms of Use. These Terms of Use permit you to use this website for your personal and internal business purposes only. No other right, title, or interest in or to this website or any content on this website is transferred to you, and all rights not expressly granted are reserved by Kenect. Any use of this website inconsistent with these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is accurate, current, and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on this website, is governed by our Privacy Policy, available at: https://Kenect.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
2. OUR SITE CONTENT
This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Kenect, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Kenect name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Kenect or its affiliates or licensors. You must not use such marks without the prior written permission of Kenect. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
3. PROHIBITED USES
You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate Kenect, a Kenect employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm Kenect or users of this website or expose them to liability.
Additionally, you agree not to:
• Modify or create a derivative work of this website, reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms or file formats, except to the extent expressly permitted by applicable law and then only upon advance notice to Kenect.
• Use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this website, including their ability to engage in real time activities through this website.
• Use any robot, spider, or other automatic device, process, or means to access this website for any purpose, including monitoring or copying any of the material on this website.
• Use any manual process to monitor or copy any of the material on this website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of this website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which this website is stored, or any server, computer, or database connected to this website, or to break or circumvent any security measures related to this website.
• Remove or obscure any proprietary or other notices contained on this website.
• Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of this website.
4. CHANGES TO THIS WEBSITE
We reserve the right update or withdraw this website, and any service or material we provide on this website, in our sole discretion without notice. Any content on this website may be out of date at any given time, and we are under no obligation to update such content.
5. CHANGES TO THESE TERMS OF USE
We may update these Terms of Use at any time in our sole discretion by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on this website that the terms have been modified). All changes are effective immediately when we post them.
Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you periodically check this page for any changes.
6. GEOGRAPHIC RESTRICTIONS
The owner of this website is based in the state of Utah in the United States. We provide this website for use only by persons located in the United States. We make no claims that this website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KENECT NOR ANY PERSON ASSOCIATED WITH KENECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KENECT NOR ANYONE ASSOCIATED WITH KENECT REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KENECT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Kenect, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this website, including, but not limited to, any use of this website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this website. You also agree to defend Kenect against these claims at Kenect’s request, but Kenect may participate in any claim through counsel of its own choosing and the parties will reasonably cooperate on any defense. You agree not to settle any claim without Kenect’s prior written consent if the settlement does not fully release Kenect from liability or would require Kenect to admit fault, pay any amounts or take or refrain from taking any action.
10. GOVERNING LAW AND JURISDICTION
All matters relating to this website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by the laws of the State of Utah and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to this website and these Terms of Use shall be the state courts located in Salt Lake County, Utah or the United States District Court for the District of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. ARBITRATION
Any and all disputes or claims arising out of, relating to, or resulting from this website and these Terms of Use shall be subject to binding arbitration administered in accordance with the American Arbitration Association’s National Rules for the Resolution of Commercial Disputes then in effect (the “Rules”) and Utah law, without regard to conflict of laws principles. Such arbitration shall be held in Salt Lake City, Utah before a neutral arbitrator selected in accordance with the Rules. The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including discovery motions, motions for summary judgment and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitrator shall issue a written decision on the merits and will have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. CLIENT HEREBY WAIVES ITS RIGHT TO A JURY TRIAL RELATING THE FOREGOING CLAIMS, INCLUDING ALL CLAIMS UNDER FEDERAL, STATE, MUNICIPAL OR OTHER JURISDICTIONAL STATUTE, RULE OR REGULATION.
12. WAIVER AND SEVERABILITY
No waiver by Kenect or any term or condition set out in these Terms of Use will be implied from conduct or failure to enforce or exercise rights under these Terms of Use. Waivers must be made in writing and executed by a duly authorized representative of Kenect.
If any provision of these Terms of Use is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms of Use may otherwise remain in effect.
13. ENTIRE AGREEMENT
These Terms of Use, together with the Privacy Policy and Terms of Service that are incorporated herein by reference, constitute the full and complete understanding and agreement between you and Kenect with respect to this website and supersede all prior oral and written understandings and agreements with respect thereto.
14. CONFLICT OF TERMS
If there is a conflict between these Terms of Use, the Privacy Policy, or the Terms of Service, the Terms of Service will control.
15. COPYRIGHT INFRINGEMENT NOTICES
If you believe that your copyright or other rights have been infringed in connection with this website, please provide our Designated Agent written notice with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
• A description of the copyrighted work or other work that you claim has been infringed
• A description of where the material that you claim is infringing is located on our sites, networks or other repositories
• Your address, telephone number, and email address
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our Designated Agent for claims of copyright infringement is:
Jeff Jones at jjones@kenect.com
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will try to provide notice to the third party of the charge. If the third party responds, we will provide you with a copy so that you may take any other steps you may consider appropriate.
16. YOUR COMMENTS AND CONCERNS
This website is operated by Kenect, LLC located at W 2100 N, Suite 380, Pleasant Grove, UT 84062.
Any feedback, comments, requests for technical support, and other communications relating to this website should be directed to: jjones@kenect.com