Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you.
Our Service.
Our web site and services provided to you on and through our web site on an “AS IS” basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of content, your violation of this Terms of Use or any other violation of the rights of another person or party.
Web Page Disclaimer.
Omya Kinetik does not make any warranties, express or implied, about the Omya Kinetik site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Omya Kinetik site is made available to you “as is” and “as available” and Omya Kinetik does not warrant that it is free of any defects or inaccuracies or that any such defects or inaccuracies will be corrected.
Omya Kinetik does not warrant that the Omya Kinetik site will meet your needs, or that it will be uninterrupted, timely, secure or error-free. Omya Kinetik also makes no warranty that the results obtained from the use of the Omya Kinetik site will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Kinetik site will meet your expectations.
Limitation of Liability.
Omya Kinetik will not be liable to you or anyone else for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits or damages that result from use or loss of use of the Omya Kinetik site and third party content, inconvenience or delay). This is true even if Omya Kinetik has been advised of the possibility of such damages or losses.
Omya Kinetik will not be liable to you or anyone else for any loss resulting from cause(s) over which such Omya Kinetik does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.
Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at info@kinetiktech.com or by mail at8 Crown Plaza, Suite 103
Hazlet, New Jersey 07730 .
Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
Miscellaneous Information.
- IN THE EVENT THAT THIS TERMS OF USE CONFLICTS WITH ANY LAW UNDER WHICH ANY PROVISION MAY BE HELD INVALID BY A COURT WITH JURISDICTION OVER THE PARTIES, SUCH PROVISION WILL BE INTERPRETED TO REFLECT THE ORIGINAL INTENTIONS OF THE PARTIES IN ACCORDANCE WITH APPLICABLE LAW, AND THE REMAINDER OF THIS TERMS OF USE WILL REMAIN VALID AND INTACT;
- THE FAILURE OF EITHER PARTY TO ASSERT ANY RIGHT UNDER THIS TERMS OF USE SHALL NOT BE CONSIDERED A WAIVER OF ANY THAT PARTY’S RIGHT AND THAT RIGHT WILL REMAIN IN FULL FORCE AND EFFECT;
- YOU AGREE THAT WITHOUT REGARD TO ANY STATUE OR CONTRARY LAW THAT ANY CLAIM OR CAUSE ARISING OUT OF THIS WEB SITE OR ITS SERVICES MUST BE FILED WITHIN ONE (6) MONTHS AFTER SUCH CLAIM OR CAUSE AROSE OR THE CLAIM SHALL BE FOREVER BARRED;
- WE MAY ASSIGN OUR RIGHTS AND OBLIGATIONS UNDER THIS TERMS OF USE AND WE SHALL BE RELIEVED OF ANY FURTHER OBLIGATION.