Kin Products, Inc. ("KIN PRODUCTS") is the owner of all content included in KIN PRODUCTS' Internet Website, Web pages, including all text graphics, trade dress, logos arrangement, presentations, button icons, images, audio clips, digital downloads, data compilations and software (each, and collectively, the "KIN PRODUCTS Materials"), as well as all names, logos, slogans, trade dress, indicia, trademarks, servicemarks, tradenames (each, and collectively, the "KIN PRODUCTS Marks"), and product designs, methods of operation, business processes, ideas, concepts and other intellectual property included or appearing on this Website, except as otherwise noted (each, and collectively, the "KIN PRODUCTS Intellectual Property").
Nothing contained herein shall be construed as a recommendation to use or granting a license to use any Information, products or methods that conflict with any patent, trademark, copyright or other proprietary right of KIN PRODUCTS or of any other party. KIN PRODUCTS makes no representation or warranty, express or implied, that any use of this Information will not infringe any patent, trademark, copyright or any other proprietary right. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
This Website, including its content incorporating KIN PRODUCTS Materials and KIN PRODUCTS Marks and Intellectual Property, are offered to you for the limited use set forth herein and conditioned on your acceptance without modification of the following terms, conditions, and notices. Your use of the KIN PRODUCTS Website constitutes your agreement to such terms, conditions and notices.
OWNERSHIP
All right, title and interest to the KIN PRODUCTS Materials and KIN PRODUCTS Marks and Intellectual Property shall remain with KIN PRODUCTS. Nothing herein shall give rights to use the KIN PRODUCTS Materials or KIN PRODUCTS Marks or Intellectual Property. We reserve the right to change any portion of this Website, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
COPYRIGHTS
Unauthorized use, in whole or in part and in any media or format, of the KIN PRODUCTS Materials, KIN PRODUCTS Marks or KIN PRODUCTS Intellectual Property, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display is prohibited by the Copyright Act of 1976, 17 U.S.C. §101 et. seq and other law. Unauthorized use may result in severe civil and criminal penalties, and will be prosecuted under the maximum extent possible under the law.
Notwithstanding the foregoing, you as the viewer or user of this Website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and share materials retrieved from the site provided that (a) such materials are used for personal, informational and non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hardcopy versions the applicable copyright and other notices.
KIN PRODUCTS may revoke the right to use or access the KIN PRODUCTS Materials at any time and for any reason.
TRADEMARKS
KIN PRODUCTS trademarks and servicemarks may not be used in any way without the express written permission of KIN PRODUCTS. Each KIN PRODUCTS Mark shall at all times be clearly labeled with the appropriate trademark (TM) or (SM) symbol and reference KIN PRODUCTS as the owner. You shall not alter the KIN PRODUCTS Marks in any way. Any other trademarks and servicemarks not owned by KIN PRODUCTS that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KIN PRODUCTS.
The KIN PRODUCTS Marks may not be used in connection with any product or service that is not manufactured by or approved in advance in writing by KIN PRODUCTS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KIN PRODUCTS; and the KIN PRODUCTS Marks shall not be used in any manner that could be perceived as an approval, endorsement or sponsorship of products or services by KIN PRODUCTS without prior written approval from KIN PRODUCTS. If KIN PRODUCTS decides that any approved use of the KIN PRODUCTS Marks jeopardizes the integrity of the KIN PRODUCTS trademarks, such use must immediately cease.
KIN PRODUCTS may revoke the right to use the KIN PRODUCTS Marks at any time and for any reason if the KIN PRODUCTS Marks are subject of a claim of infringement or the KIN PRODUCTS Marks are used in a manner not in accordance with the permission authorized by KIN PRODUCTS.
PATENTS
Many of KIN PRODUCTS' proprietary products and other business solutions are subject to patent protection and/or may be patent pending and/or in the process for patenting. Inclusion of information, illustrations, references and/or products on this Website do not provide, directly or indirectly, any right of the viewer to utilize in whole or part, any aspect of such proprietary designs. Contact KIN PRODUCTS for information on potential for availability of licenses or for applicability of similar applications for your own needs.
UNAUTHORIZED DOWNLOADING OR DISTRIBUTION
Any unauthorized downloading and distribution of any material from this Website or the sites to which we link, without KIN PRODUCTS' permission, is strictly prohibited.
COOKIES
Like most Websites, we use Cookies to receive and store certain types of information. Cookies are pieces of information generated by a Web server, which are stored in the user's computer to generate personalized features for future access on the Website. None of the information we gather in this way can be used to identify any individual who visits the site. Types of information obtained from Cookies include, Internet protocol address; computer and connection information, such as the type of browser, the operating system, and the internet provider; and the full Uniform Resource Locators (URL) clickstream to, through, and from our Website, including pages you viewed or searched for.
In addition to Cookies, we can receive and store any information you give us when you use the Website. The collection of personal information is limited to helping us personalize and continue to improve the experience of our customers at our Website. Please remember that you can always choose whether or not to provide information. If you decide to provide information, we will protect the security of this information during its transmission by using Secure Sockets Layer (SSL) software.
It is important to protect yourself against unauthorized access to your password in your computer. Be sure to sign off when finished using a shared computer.
COMMUNICATIONS
Visitors may send communications to us; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing the intellectual property rights or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person on entity, or otherwise mislead as to the origin of content. KIN PRODUCTS reserves the right, but not the obligation, to remove or edit this content.
If you do post any communication to the Website, and unless we indicate otherwise, you grant to KIN PRODUCTS a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication in whole or in part, alone, or as part of other works in any way, forum, media or technology, whether known now or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Use of this Website or communications to or through the same for harassment in any manner or form, including via e-mail by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish to this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
POP-UP ADVERTISEMENTS
When visiting KIN PRODUCTS Website, your Web browser may produce pop-up advertisements. These advertisements are generally produced by other Websites you have visited or software installed on your computer. These pop-up advertisements are not endorsed by or affiliated in any way with KIN PRODUCTS.
THIRD-PARTY LINKS
The KIN PRODUCTS Website may contain links to other sites on the Internet that are owned and operated by other third parties ("Sites"). KIN PRODUCTS has no control over these linked sites, all of which presumably have separate Terms of Use. KIN PRODUCTS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that KIN PRODUCTS sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such Sites.
DISCLAIMER
THE WEBSITE, KIN PRODUCTS MATERIALS AND KIN PRODUCTS MARKS ARE PROVIDED HEREIN BY KIN PRODUCTS, INC. ON AN "AS IS" BASIS. KIN PRODUCTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE KIN PRODUCTS MATERIALS AND THE KIN PRODUCTS MARKS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM TYPOGRAPHICAL ERRORS, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. KIN PRODUCTS DOES NOT WARRANT THAT THE WEBSITE, THIRD-PARTY LINKS, AND/OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO A COMPUTER WHEN DOWNLOADED.
LIMITATION OF LIABILITY
KIN PRODUCTS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, ITS CONTENT OR MULTIMEDIA DOCUMENTS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF KIN PRODUCTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless KIN PRODUCTS, its officers, directors, employees and members, from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these terms and conditions. The Terms and Conditions shall be governed by and construed according with the laws of the United States and the State of Ohio without regard to conflicts of law principles. You agree to submit to the jurisdiction of, and waive any venue objections to, the United States District Court for the Southern District of Ohio in any proceeding arising out of these Terms of Use.
CONDITIONS OF USE, NOTICES AND REVISIONS
By using this Website, you agree to the terms and conditions of the Website terms of use, and signify that you have read them fully. If you do not wish to abide by the terms and conditions of the Website, please discontinue using this Website immediately. If you have any concerns about privacy at our Website, please send us a thorough description of your concern to (webmaster i.d.) and we will try to address it at our discretion. As our Website changes, the notices and conditions of use may also change. You should check our Website frequently to see recent changes.
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