Please read this agreement (“Agreement”) carefully before using our website at http://kincaidit.com, web applications, or extensions, including KIT Central, Blogger2Docs, KIT Merge, and KIT Storage Calculator (collectively the “Website”). By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change.
This agreement is between KIT, you the user, and, if you are using the Website on behalf of a government or business organization, school, school district or other organization, such school or organization will also be considered a party to this Agreement.
Neither KIT nor its representatives are engaged in rendering legal services or other such advice. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
KIT and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. While we strive to keep the information on this website accurate, complete and up-to-date, KIT and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Web
Personal and Noncommercial Use Limitation: Prohibited Uses
We use the Website to provide information to government or business organizations, schools, school districts and other educational organizations about KIT products and services (“information”). We grant you access to this Website during the term of this agreement solely to receive the information. You may access, download, and print materials as necessary to receive the information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this Website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to KIT that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website. You may not republish KIT content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
If you are under the age of 13, you may not use this Website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIT SHALL NOT BE LIABLE 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: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES DURING THE PAST TWELVE MONTHS OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to Website
We may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.
This Website is intended to and directed to residents of the United States and all advertising claims contained in this Website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Website will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by KIT to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between KIT and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Kansas. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
KINCAID IT, KIT and other logos, product and service names are trademarks and service marks owned by or licensed to KIT or its affiliates (the “Marks”). Without the prior written permission of KIT, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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