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Terms of Use

KENTIK, INC.

Terms of Use

Effective Date:  June 1, 2015

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  These Terms (the “Terms”) govern your use of the web site (the “Site”) provided by Kentik, Inc. (“Kentik,” “we” or “us”).  By using this Site, you agree to these Terms.  If you do not agree to these Terms, you may not access or use the Site. 

Modifications to Terms 

We may modify the Terms from time to time without notice to you.  You should check these Terms periodically for modifications.  The most current version of the Terms is available at: www.kentik.com/terms-of-use.   By using the Site following any modifications to the Terms, you agree to be bound by such modifications. 

Use of the Site

The Site is owned and operated by Kentik, Inc.  We provide you with access to and use of the Site for your personal, noncommercial use only, subject to your compliance with the Terms. 

Please be aware that if you are, or wish to become, a customer of Kentik’s products or services, additional terms and conditions will apply with respect to such products and services.  Such terms and conditions may be provided by Kentik through the Site (such as in click-through form) or in a written agreement signed by Kentik and you (or the entity on whose behalf you use such products and services).

Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, graphics, or any other materials (“Content“), features and/or periods of availability, and we will not be liable to you or to any third party for doing so.  We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.  We have the right to change these rules and/or limitations at any time, in our sole discretion.

Privacy Policy; User Information

You agree that information collected or otherwise obtained from you in the course of your use of the Site is governed by Kentik’s Privacy Policy available at http://www.kentik.com/privacy-policy. We urge you to read our Privacy Policy so you understand what information is collected, how we use it and to whom we may disclose it. 

Proprietary Rights

Unless otherwise noted on the Site, as between Kentik and you, Kentik or its affiliate is the owner and/or licensee of any trademark, registered trademark and/or service mark appearing on the Site, and is the owner or licensee of the Content, features, functionality, technology used to provide the Site and all other proprietary rights in and to the Site.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download or print one copy of screen shots of certain Content (unless such Content is restricted from downloading or printing) for your own personal, noncommercial use only, provided that you keep intact all proprietary rights notices and subject to your compliance with these Terms.  Other than the foregoing, use of the Site does not grant you a license to any Content, features or materials you may access on the Site.  You may not modify, rent, lease, loan, sell, distribute or create derivative works of the Content, features or materials, in whole or in part. Any commercial use of the Site or its Content, including use in developing products or technologies similar to Kentik, is strictly prohibited.    

This Site, including its Content, is protecting by applicable proprietary rights laws, including copyright.  If you use the Site in breach of these Terms, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. 

No license or other authorization is granted to use any of our trademarks or other proprietary designations without our prior written consent.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or any of our products or services (“Feedback ”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you which provides otherwise.

Links from and to the Site 

You may be able to link to third party web sites (“Linked Sites”) from the Site.  Kentik has no control over these Linked Sites, and Kentik is not responsible for the content, availability, advertising, products, information or use of your information or other aspects of any such Linked Sites.  These links do not imply Kentik’s endorsement of or association with the Linked Sites.  It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under applicable laws related to the use of such Linked Sites.

Permission must be granted by us for any type of link to the Site.  Please contact us to request permission.

Indemnity

You agree to indemnify and hold Kentik, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, including but not limited to your violation of the law, any third party rights, or these Terms.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATIONS REGARDING UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

KENTIK DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE BY THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  KENTIK MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. 

NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

IN NO EVENT SHALL KENTIK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE TOTAL LIABILITY OF KENTIK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.   In that event, the scope and duration of such warranty and/or the extent of our liability, will be the minimum permitted under such applicable law.

Governing Law/Jurisdiction 

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms.   You expressly agree that exclusive jurisdiction for any claim or dispute with Kentik or relating in any way to your use of the Site resides in the state and federal courts of San Francisco County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of San Francisco County, California, in connection with any such dispute and including any claim involving Kentik or this Site. However, you agree that Kentik may apply for injunctive remedies in any jurisdiction.

International Use; Compliance with Laws

We control and operate the Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.  Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Consent to Processing 

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Notices

Notices to you may be made via either email or regular mail.  The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

General Information

The Terms constitute the entire agreement between you and Kentik and govern your use of the Site, superceding any prior agreements between you and Kentik.  You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.  The failure of Kentik to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  You may not assign the Terms or any of your rights or obligations under the Terms without Kentik’s express written consent.  The Terms inure to the benefit of Kentik’s successors, assigns and licensees.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

Any inquiries concerning these Terms should be directed to support@kentik.com.

©2015 Kentik, Inc.  All rights reserved.  All trademarks, brand, product names and other proprietary designations are the property of their respective owners. 

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