
With respect to your access and use of the Kinney and Associates Sites, Kinney and Associates provides its services to you, subject to the following Terms of Use (TOU), which may be updated from time to time by Kinney and Associates without notice to you. Updates become effective when posted, and you are responsible for regularly reviewing these terms and conditions.
In addition, when using particular Kinney and Associates Web sites or services, you and Kinney and Associates shall be subject to any guidelines, rules, or Terms of Use applicable to such sites or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and you indicate such agreement by your use of any Kinney and Associates site or service.
Permitted Use. Subject to these TOU, Kinney and Associates hereby grants you the right to access and use the Kinney and Associates Sites. Unless otherwise specified herein or agreed upon by Kinney and Associates, the Kinney and Associates Sites are only for your personal, educational, and noncommercial use. Kinney and Associates retains all rights with respect to the Kinney and Associates Sites except those expressly granted to you in this agreement. You agree not to duplicate, publish, display, modify, create derivative works from, or otherwise distribute the material on the Kinney and Associates Sites unless specifically authorized in writing by Kinney and Associates to do so. You agree not to frame, or assist third parties in framing, any of the Web pages contained in the Kinney and Associates Sites. Such framing is strictly prohibited under this agreement. The information, artwork, text, video, audio, pictures, content, software, trademarks, service marks, and other intellectual property on the Kinney and Associates Sites are the proprietary property of Kinney and Associates and/or its suppliers and are protected by U.S. and international copyright and other intellectual property laws. In the event that you print materials found on the Kinney and Associates Sites, you must include any copyright notice originally included with the materials on all copies.
The names of actual companies and products listed on the Kinney and Associates Sites may be the trademarks of their respective owners.
Links to Third-Party Sites. The Kinney and Associates Sites may contain links or produce search results that reference links to third party Web sites (collectively "Linked Sites"). Kinney and Associates has no control over these Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or materials available on Linked Sites. Kinney and Associates cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. Kinney and Associates does not endorse the content of any Linked Site, nor does Kinney and Associates warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Kinney and Associates Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk and that you may not make any claim against Kinney and Associates for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at info@kinneyandassociates.com and we will investigate the link and take appropriate action.
No Unlawful or Prohibited Use. As a condition of your use of the Kinney and Associates Sites, you warrant to Kinney and Associates that you will not use the Kinney and Associates Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Kinney and Associates Sites in any manner that could damage, disable, overburden, or impair the Kinney and Associates Sites or interfere with any other party's use and enjoyment of the Kinney and Associates Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kinney and Associates Sites.
Use of Communication Services. If you participate in any chat rooms or bulletin boards or submit any content to Kinney and Associates (collectively "Communication Services") within the site, you agree that any information posted or submitted by you
shall not be false, inaccurate, or misleading
shall not be fraudulent
shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing
shall not be obscene or contain child or other pornography
shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
shall not create liability for Kinney and Associates or cause Kinney and Associates to lose (in whole or in part) the services of our ISPs or other suppliers
Kinney and Associates has no obligation to monitor the Communication Services. However, Kinney and Associates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kinney and Associates reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Kinney and Associates does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Kinney and Associates expressly disclaims any liability with regard to the Communication Services and any action resulting from your participation in the Communication Services. All such participation is solely at your own risk.
Privacy and Disclosure of Information. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Kinney and Associates Sites, by electronic mail or otherwise, we will treat it as nonconfidential and nonproprietary to you. By posting any content on the Kinney and Associates Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under age thirteen (13), you may not post any personally identifying information about yourself on the Kinney and Associates Sites without the express permission of your parent, guardian, or school. Kinney and Associates reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, educational contract, or governmental request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at Kinney and Associates 's sole discretion..
Warranty Disclaimer. Kinney and Associates does not promise that the Kinney and Associates Sites will be error-free or uninterrupted or that the Kinney and Associates Sites will provide specific results from your use of any content, search, or link on them. The Kinney and Associates Sites and all content within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Kinney and Associates does not warrant or represent that files you download from the Kinney and Associates Sites will be free of viruses or other harmful features. KINNEY AND ASSOCIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE KINNEY AND ASSOCIATES SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.