Terms of Service

Revised October 16, 2023

By using or otherwise accessing the Kineto website, a Kineto software, mobile, TV, or web application(s), or any related Kineto service(s) (collectively, the “Kineto Solution”), you accept and agree to the following Terms of Service (this “TOS”). Kineto LLC(“Kineto”) is willing to license and permit use of the Kineto Solution subject at all times to agreement with this TOS. If you do not agree to this TOS, do not use the Kineto Solution.

LICENSE.

Overview. For more information regarding the currently available Kineto Solution, please click here. The Kineto Solution is provided pursuant to this TOS to individual persons (and not entities) residing in the countries or regions where Kineto makes available its products and services.

General Kineto Solution Grant. The Kineto Solution is made available by Kineto, and this TOS provides to you (identified herein as “you” or a “user” or with “your” (as further described below)) a personal (non-commercial), revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to access and use the Kineto Solution (by you and your Authorized Users (as defined below)) conditioned on your continued compliance with this TOS. You may print and download Kineto materials and information from the Kineto Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in (or that are required to be displayed with) such materials and information and that you (or your Authorized User(s)) do not further distribute or disclose such materials and information. The content layout, formatting, and features (or functionality) of and online or remote access processes for the Kineto Solution shall be as made available by Kineto in its sole discretion. You also acknowledge and agree to the following: (i) Kineto has the right to control and direct the means, manner, and method by which the Kineto Solution is provided; (ii) Kineto may, from time to time, engage independent contractors, consultants, or subcontractors to aid Kineto in providing the Kineto Solution or use thereof; and (iii) Kineto has the right to provide the Kineto Solution to others.

Content Available Through the Kineto Solution. In connection with the foregoing grant to use the Kineto Solution, the Kineto Solution allows you to view or otherwise access original Kineto or third party Content. “Content” includes, but is not limited to, text, graphics, photos, sounds, audio, and videos in the form of, by way of example and not limitation, news reports, videos, and music. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant for the Kineto Solution, but in addition, shall remain non-transferable and may be subject to additional license grant terms set by the respective third party licensor(s). Third-party Content displayed or accessible through the Kineto Solution is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s). This TOS does not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content.

Kineto Solution Updates. Kineto may, but is not obligated to, update the Kineto Solution with updates, upgrades, enhancements, improvements, additions, new or incremental features or functionality of and generally made available through the Kineto Solution (as determined by Kineto in its sole discretion), or modifications that are provided as part of product support and any other support or maintenance services that Kineto provides as part of or otherwise in connection with the Kineto Solution (collectively, “Kineto Solution Updates”). In some instances, you may be required to consent to or to agree to use and implement an applicable Kineto Solution Update in a timely manner, including, without limitation, as a means to protect the Kineto Solution from unauthorized use, content, or data. If you decline a Kineto Solution Update, you may not be able to use or access the Kineto Solution (in whole or in part), and Kineto shall have no responsibility or liability for any continued use. Unless otherwise indicated, references to the Kineto Solution include any Kineto Solution Updates.

Support. This TOS does not entitle you to any support or installation service (collectively, “Support”). Any such Support that may be made available by Kineto, in its sole discretion, shall be subject to separate terms and conditions with Kineto.

Authorized User(s). Subject to any third party license restrictions for applicable Content, you may enable members of your immediate family, for whom you will be responsible (each, an “Authorized User(s)”), to access and use the Kineto Solution so long as all such use remains in compliance with this TOS. Nevertheless, you acknowledge and agree that you shall be responsible for monitoring your own and your Authorized User(s)’s use of the Kineto Solution and for maintaining compliance with this TOS and any third party license restrictions for applicable Content. Any breach of this TOS by an Authorized User(s) shall constitute a breach by you. Unless otherwise indicated, references to “you” or “your” throughout this TOS therefore mean you, your Authorized User(s), and the person or entity named on your account with Kineto.

Restrictions. This TOS is only a license and not an assignment or sale. Kineto transfers no ownership or intellectual property interest or title in and to the Kineto Solution to you or anyone else. Kineto expressly prohibits third parties from selling or purchasing access to the Kineto Solution or to any other service that makes improper and unauthorized use of the Kineto Solution in violation of these TOS. Further, Kineto reserves all rights not expressly granted by this TOS. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense (other than to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Kineto) the Kineto Solution. This TOS does not grant any right to modify or license any third-party executable module(s) or accessible content beyond the limited and express grant herein.

  1. USER OBLIGATIONS.

Generally. You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Kineto Solution, including, without limitation, when you provide information via a Kineto Solution registration, account, or submission form. You are responsible for completing any registration(s) or account requirements for access to applicable third party Content available through the Kineto Solution. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Kineto Solution only with the involvement and acceptance of (this TOS by) a parent or legal guardian and then solely as an Authorized User under a parent or legal guardian’s account. You further represent that you (or the person agreeing to, accepting, or acting under this TOS) are authorized to act on behalf of the person or entity named on the account with Kineto. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Kineto Solution. In particular, you may not take any action that will infringe on the intellectual property rights of Kineto or any other third party. If you violate this TOS, Kineto has sole discretion to suspend or permanently disable your access to the Kineto Solution, and we may permanently disable or delete your account or prohibit you from creating a new account. You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that use of the Internet and the Kineto Solution is solely at your own risk. You further understand that by using the Kineto Solution you may encounter content that you may find offensive, indecent, or objectionable. You assume all responsibility for obtaining and paying for all licenses and costs for third-party software and hardware necessary for access to the Kineto Solution, and for maintaining and backing-up your content and data.

User Account. You may be required to provide certain personal information necessary to create an account with Kineto. You may be required to create login credentials, such as a username and password, or adhere to other particular access requirements as designated by Kineto in its sole discretion from time to time. You are solely responsible for the activity that occurs on your account and agree to keep your login credentials confidential and secure. You acknowledge that Kineto may not provide controls that restrict the maturity level of content available through the Kineto Solution. If you allow your child (under the age of 18 or the legal age of majority, whichever is greater) to access your Kineto account, you are solely responsible for monitoring your child’s use of the Kineto Solution and determining what maturity level is appropriate for or accessible to your child. You shall immediately notify Kineto if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.

Content and Acceptable Use. The Kineto Solution enables you to access content, data, communication, and other interactive features and functionality (with such uploaded, downloaded, shared, or exchanged information or content referenced collectively herein as a “User Content”). Distribution of User Content may be subject to third-party rights. You agree that by using the Kineto Solution you will not upload, post, display, or transmit any of the following:

  • anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights (including, without limitation, patents, copyrights, or trademark rights) of others;
  • anything which may damage, lessen, or harm the goodwill or reputation of Kineto and its services;
  • anything which involves the impersonation of any other person or entity;
  • anything which constitutes viral or harmful programming code, files, or software;
  • anything which constitutes junk mail, spam, or unauthorized advertising; or
  • anything which is unlawful.

Kineto reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the display or availability of any User Content. Further, Kineto shall not have any obligation to incorporate or utilize any User Content that does not correspond to or meet Kineto’s technical or usage practices, parameters, and limits.

Permission to User Content. You continue to retain any ownership rights you have in the User Content you make available to Kineto and/or the Kineto Solution. However, by submitting or making available any type of User Content, you automatically and hereby grant to Kineto a royalty-free, transferable, sub-licensable and non-exclusive right and license to use or act on any such User Content in furtherance of and in connection with the operation of the Kineto Solution. The rights you grant are limited to the purpose of providing and operating the Kineto Solution. You specifically acknowledge that the Kineto Solution facilitates distribution of the User Content, and as a part of the foregoing grant, you permit any user with whom you share content a non-exclusive license to access and use the User Content through the Kineto Solution as permitted through the functionality of the Kineto Solution. You represent that you have all necessary rights to make the foregoing grants and to otherwise make User Content(s) available to Kineto and for (and through) the Kineto Solution.

No Pre-screening; Removal. Kineto is not responsible for pre-screening or editing your or any other user’s User Content, support forum posts, or any other communications and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any such content or communications. Moreover, Kineto does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Kineto) and does not make any representation with respect to, nor does it endorse the accuracy, integrity, quality, acceptability, completeness, timeliness, lawfulness, suitability, or reliability of any User Content or communications displayed, uploaded, or distributed by you or any other user. You also acknowledge that Kineto has no control over the extent to which any idea, content, or information may be used by any party or person once it’s posted, shared, or displayed. Nevertheless, Kineto reserves the right to take any action within its control with respect to User Content (or parts thereof), support forum posts, or any other communications that Kineto reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Kineto, its users, or the public; or (vi) address any act or omission that Kineto believes in good faith violates this TOS and/or is, or is potentially, unlawful or harmful to Kineto, its services, or goodwill.

Enforcing Security. You may not use the Kineto Solution or any of Kineto’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, dishonest, malicious, or irresponsible behavior, including, without limitation, accessing or using Kineto data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Kineto system or network, circumventing any Kineto security or authentication measures, monitoring Kineto data or traffic, interfering with any Kineto services, collecting or using from the Kineto Solution email addresses, screen names, or other identifiers, collecting or using from the Kineto Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Kineto Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against Kineto or its data, systems, or network. Actual or attempted unauthorized use of the Kineto Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Kineto reserves the right to view, monitor, and record activity through the Kineto Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Kineto Solution as well as to disclosures required by or under applicable law or related government agency actions. Kineto will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Kineto reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Kineto Solution, or any portion of the Kineto Solution in order to protect the Kineto Solution or Kineto.

Mobile Usage. The Kineto Solution offers a tool(s) or display functionality that is available to you via your mobile phone or other mobile computing device (“Mobile Kineto Solution(s)”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Kineto Solution(s). In addition, downloading, installing, or using certain Mobile Kineto Solution(s) may be prohibited or restricted by your mobile carrier, and not all Mobile Kineto Solution(s) may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Kineto Solution(s) are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Kineto Solution(s); and how much such use will cost you. Nevertheless, your use of the Kineto Solution shall be strictly in accordance with this TOS.

Feedback. Kineto welcomes your feedback and suggestions about Kineto’s products or services or with respect to how to improve the Kineto Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Kineto, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Kineto and enable Kineto to use such Feedback. In addition, any Feedback received by Kineto will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Kineto to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

  1. SUBSCRIPTIONS & RENTALS.

Kineto currently offers individual access to the Kineto Solution at no cost. However, Kineto may make available through fee-based subscriptions, rentals, or other transactional offering(s), Content and functionality that is not available in the free version of the Kineto Solution. All subscriptions and rentals are subject to additional terms and conditions which are incorporated in this TOS.

  1. PRIVACY POLICY.

Please see Kineto’s Privacy Policy for a summary of how Kineto collects, uses, and shares personal data. Kineto is not responsible for your use of Interfacing Software or any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software.

  1. THIRD-PARTY CONTENT, WEBSITES, AND PLATFORMS.

Third-party Content. Third-party content displayed or accessible through the Kineto Solution is protected by copyright and other intellectual property law and belongs to the respective owner. Use of the third-party content is subject to the terms of use of the third party providing such content. This TOS does not grant you the right to copy, distribute, prepare derivative works, publicly display, or otherwise use any third-party content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of third-party content.

Links to Other Sites or Applications. Kineto may provide links, in its sole discretion, to other sites or applications on the Internet, including to the Kineto Store. Such other sites are maintained by third parties over which Kineto exercises no control. These links do not imply an endorsement with respect to any third party or any third-party web site or the information, products, or services provided by any third party. Kineto encourages review of the applicable terms, conditions or notices governing use of these third party sites or applications.

Third-party Platforms and Networks. Certain features allow you to synchronize your content across third-party platforms and networks. These features will enhance the performance of the Kineto Solution and allow you to better integrate and harmonize the Kineto Solution with information stored on or used with third-party networks. Using this functionality typically requires you to login to your account on the third-party service, and you do so at your own risk. You should always review, and if necessary, adjust your privacy settings on these networks and platforms before linking or connecting them to the Kineto Solution. You expressly acknowledge and agree that Kineto is in no way responsible or liable for any such third-party services or features.

Additional Terms and Conditions. Additional notices, terms, and conditions may apply to certain subscription arrangements (including sign-up or registration), Kineto products, solutions, or services, receipt of (or access to) certain content, participation in a particular program, and/or to specific portions or features of the Kineto Solution. Without limitation of the foregoing, you hereby agree that (a) this TOS operates in addition to any terms of use imposed or required by any digital download platform from which you download the Kineto Solution (“App Provider Terms”); and (b) the terms of this TOS supplement and do not alter or amend any such App Provider Terms.

  1. PROPRIETARY RIGHTS AND CONFIDENTIALITY.

Proprietary Rights. The Kineto Solution is owned by Kineto LLC or its licensor(s). Copyright 2023 © Kineto LLC and/or its licensor(s). All rights reserved. All content available through the Kineto Solution, unless otherwise indicated, is protected by copyright, trade secret, or other intellectual property laws. Kineto, the Kineto logo, and all other names, logos, and icons identifying Kineto and its solutions, products, and services are proprietary trademarks of Kineto, and any use of such marks without the express written permission of Kineto is strictly prohibited. Please see the Kineto Trademarks and Guidelines policy statement available here for more information regarding the trademarks or service marks of Kineto. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.

Confidentiality. You acknowledge and agree that the Kineto Solution contains confidential or nonpublic information that is the trade secret(s) of Kineto and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of Kineto (and/or its licensors) in a manner consistent with the maintenance of Kineto’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this TOS.

  1. REPRESENTATIONS, DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION.

Representations and Warranties. You represent and warrant that (i) the person accepting this TOS has the legal authority to bind the named person on the account, and (ii) he or she has the right, power, and authority to (a) enter into this TOS, (b) make the respective and applicable representations and warranties contained herein, and (c) commit to and perform the respective duties, obligations, and covenants set forth hereunder.

Warranty Disclaimer. THE KINETO SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. KINETO MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE KINETO SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINETO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT KINETO DOES NOT WARRANT THAT THE KINETO SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE THE KINETO SOLUTION IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE KINETO SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THE KINETO SOLUTION AND NO WARRANTIES SHALL APPLY AFTER THIS THIRTY (30) DAY PERIOD.

Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE KINETO FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND Kineto’S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF KINETO . KINETO IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE KINETO SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE THAT KINETO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE KINETO SOLUTION AND SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL KINETO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE KINETO SOLUTION OR WITH THE DELAY OR INABILITY TO USE THE KINETO SOLUTION, EVEN IF Kineto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, YOUR ABILITY TO RECOVER FROM KINETO FOR BREACH OF THIS TOS, THE PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE KINETO SOLUTION SHALL BE STRICTLY LIMITED TO PAYMENT OF EITHER AN AMOUNT NOT TO EXCEED $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO KINETO DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE KINETO SOLUTION, WHICHEVER IS GREATER.

Indemnification. You agree to indemnify, defend, and hold Kineto (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOS, your Interfacing Software, or for any violation or alleged violation of the rights (including, without limitation, patents, copyrights, or trademark rights) of any other person or entity by your User Content.

  1. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Arbitration. You agree that all disputes between you and Kineto (whether or not such dispute involves a third party) with regard to your relationship with Kineto, including, without limitation, disputes related to this TOS, your use of the Kineto Solution, and/or rights of privacy and/or publicity (whether pursuant to federal or state statute or the common law), will be resolved by binding, individual arbitration. Without limiting Kineto’s right to seek injunctive or other equitable relief (as set forth below), any disputes arising with respect to this TOS between you and Kineto (“parties”) shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute, whose fees will be shared equally by the parties (unless the prevailing party is entitled to recover their costs associated with the arbitration). Arbitration shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding shall be carried on and heard in Monroe County, New York using the English language. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees from the other party. You may bring claims only on your own behalf. Neither you nor Kineto will participate in a class-wide arbitration for any claims covered by this TOS. This dispute resolution provision will be governed by the Federal Arbitration Act.

Class Action Waiver. You and Kineto agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and Kineto agree otherwise, more than one person’s or party’s claims may not be consolidated. You and Kineto agree that relief (including monetary, injunctive, and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

  1. GENERAL INFORMATION

Choice of Law and Forum. The Kineto Solution is controlled and operated by Kineto from its offices within the United States. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. You access and use the Kineto Solution on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Kineto Solution. Additionally, Kineto’s headquarters are located in the United States. Please be aware that information you provide to Kineto, or that Kineto obtains as a result of your use of the Kineto Solution, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing arbitration right, any action to enforce this TOS will be brought in the courts presiding in Monroe County and the United States District Court for the Western District of New York, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. You and Kineto waive trial by jury. Moreover, you may bring claims only on your own behalf. Neither you nor Kineto will participate in a class action or class-wide arbitration for any claims covered by this TOS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Kineto is a party to the proceeding.

Export Control Compliance. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Kineto Solution is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Kineto Solution, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.

Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, unauthorized use of Kineto proprietary assets, will cause irreparable injury to Kineto, and such injury would not be quantifiable in monetary damages, and Kineto would not have an adequate remedy at law. You therefore agree that Kineto shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Kineto post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Kineto to enforce any provision of this TOS.

Term and Termination. This TOS will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using the Kineto Solution, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below. Kineto reserves the right to terminate this TOS at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the Kineto Solution (or related services) as an offering of the Kineto business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this TOS, subject to the survival rights of certain provisions identified below. In addition, Kineto shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate this TOS at any time by providing Kineto with notice of cancellation, but all applicable provisions of this TOS will survive termination, as identified below. You may close your account by clicking here. Upon termination and in accordance with law, your right to access and use the Kineto Solution shall cease (regardless of the subscription period) and you must immediately destroy all copies of any aspect of the Kineto Solution in your possession. Termination shall result in deactivation or deletion of your account with Kineto. The following provisions will survive the termination of this TOS for any reason: License (Content Available Through the Kineto Solution, Restrictions); User Obligations (Permission to User Content, Enforcing Security, Feedback); Third Party Content, Websites, and Platforms (Additional Terms and Conditions); Proprietary Rights and Confidentiality (all sections); Representations, Disclaimers, Limitation of Liability, and Indemnification (all sections); Arbitration Agreement and Class Action Waiver (all sections); General Information (Choice of Law and Forum, Injunctive Relief, Term and Termination, Waiver & Severability, Entire Agreement and Updates). Further, Kineto shall not be responsible for any damage that may result or arise out of termination of this TOS.

Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Kineto of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable, provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.

Entire Agreement and Updates. No joint venture, partnership, employment, or agency relationship exists between you and Kineto as a result of this TOS or your utilization of the Kineto Solution, and you do not have any authority of any kind to bind Kineto in any respect whatsoever. This TOS represents the entire agreement between you and Kineto with respect to your individual use of the Kineto Solution. This TOS is not assignable, transferable, or sub-licensable by you except with Kineto’s prior written consent. Kineto may transfer, assign, or delegate this TOS and its rights and obligations without consent. Please note that Kineto reserves the right to change the terms and conditions of this TOS and the terms and conditions under which the Kineto Solution and its offerings are extended to you by posting online a revised TOS or e-mailing notice thereof to you. In addition, Kineto may add, modify, or delete any aspect, program, functionality, or feature of the Kineto Solution. Your continued use of the Kineto Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS found at this location on a periodic basis.

Notices. Any communication(s) or notice (and any related materials or information) to be sent pursuant to this TOS shall be in the English language and shall be deemed provided: (a) to the email address designated by you; or (b) by posting to the Kineto Solution. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You further agree that any notices, agreements, disclosures, or other communications that Kineto sends you electronically (using the contact information you provide through the Kineto Solution) will satisfy any legal communication requirements.

Contact. If you have questions regarding the Kineto Solution or if you are interested in obtaining more information concerning Kineto or its products, services, or solutions, please contact Kineto.