Terms of Use
Website Policy
Do not use this website if you do not accept and agree to these terms and conditions.
Kinneygroup.com is comprised of various web pages operated by Kinney Group, Inc. (KGI), and use of the site is conditioned upon your unconditional acceptance of the terms and conditions contained herein (the “Terms”). Use of the site constitutes unconditional acceptance of the Terms.
If a user is dissatisfied with any portion of the site, the site’s operation, or with any of these Terms, user’s sole and exclusive remedy is to discontinue use of this site.
Children Under Thirteen/Minors
This site is not intended for use by persons 13 years of age or under. Persons aged 13 or under are not permitted to use this site and must leave the site. Use of this site by minors 14-18 years of age is permissible only with parental or guardian permission, and use of the site confirms the necessary parental permission was obtained. This website may collect information from users.
Use of Site
A permitted user is provided a temporary, non-exclusive, non-transferable, revocable license to access and use this site in accordance with the Terms. User warrants to KGI that the user will not use this site for any unlawful purpose or in a manner prohibited by these Terms. User shall not use the site in any manner which could damage, disable, overburden, or impair the site, or interfere with any other party’s use and enjoyment of the site. User is prohibited from obtaining, or attempting to obtain, any materials or information through any means not intentionally made available or provided for through the site. User will not attempt to change the site in any fashion.
Links to Third-Parties
This website may contain links to websites of others that are not under the control of KGI and KGI is not responsible for the content of those sites, the privacy policies of those sites, or the Cookie policies of those sites. Links to other sites are provided only as a convenience to the user and a link is not an endorsement of the site by KGI or the site’s operators. KGI claims no property interest in the web address/URL of third-parties or the content of those sites.
Collection of Data
KGI may obtain data from or through the website, including but not limited to names, addresses, phone numbers, email addresses, IP addresses, access dates, or access times. This information may also be derived from weblogs, surveys, web forms, registration for an event or course, newsletter sign-ups, and other means.
Intellectual Property
All content included in this site, including but not limited to, text, graphics, logos, images, videos, compilations of any of the foregoing, and any software on the site, is the property of KGI and protected by copyright and other laws that protect intellectual property and proprietary rights. User obtains no rights with use of the site. User shall observe all copyright and other proprietary notices, legends, or other restrictions contained in any content and shall not make any changes or deletions to any portion of the site or obscure any portion of the site or any notices therein.
User shall not modify, publish, transmit, reverse engineer, create derivative works, transfer, or in any way exploit the site or any of the site content, in whole or in part.
International Use
The site is controlled, operated, and administered by KGI within the United States. User is responsible for compliance with all of user’s local laws and the laws of the United States, if accessing the site from outside of the United States.
Indemnification
User shall indemnify, defend, and hold harmless KGI, its officers, directors, employees, representatives, and third-parties, at user’s own expense, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees), relating to or arising out of the use or inability to use the site, any violation of these Terms, any postings made by user, any violation of third-party rights by user, and user’s violation of applicable, laws, rules, or regulations. KGI reserves the right to control the defense and/or settlement of any matter subject to indemnification. User may not settle any matter affecting KGI in any way, without KGI’s prior written consent.
Arbitration
All disputes between the parties, arising out of or concerning these Terms, and/or the use of the site, shall be resolved through binding arbitration, regardless of the nature of the dispute, in accordance with the Federal Arbitration Act. The arbitration will be conducted before a single neutral arbitrator of the American Arbitration Association and the proceeding conducted according to its rules. Should the parties agree, another similar alternative dispute resolution service may be used, together with an arbitrator associated with that service, with the arbitration being conducted according to the rules of the agreed upon ADR service. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. The location of the arbitration may be remotely conducted or may take place in Indianapolis, Indiana, as determined by the arbitrator. The prevailing party in the arbitration shall be entitled to receive an award for its costs and reasonable attorneys’ fees. Judgment may be entered in a court of competent jurisdiction upon the entry of a final arbitrator’s award and enforced. This arbitration provision shall survive termination of the Terms on any basis.
Class Action Waiver
All claims and disputes will be resolved on an individual basis before an arbitrator, and may not be resolved by a plaintiff or class member on behalf of any putative class, collective, or representative proceeding. No class action suits, class arbitrations, representative or collective actions of any kind are permitted, including private attorney general actions. An arbitrator may not consolidate claims or preside over any form of a representative or class proceeding without the prior written consent of KGI.
Disclaimers
Changes may be made to the site’s content at any time and without notice.
All site content is presented “AS IS” without warranty of any kind to the maximum extent permitted by law. KGI disclaims all warranties, express or implied, statutory or other, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, or absence of defects; and all warranties arising from course of dealing, usage, or trade practice. KGI makes no warranty of any kind that KGI IP, materials, information, services, or results of the use thereof will meet any person’s or entity’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, error free, or free of malicious content from third-parties.
KGI’s TOTAL LIABILITY FOR ALL LOSSES, DAMAGES, COSTS AND OTHER AMOUNTS (“CLAIMS”), INCLUDING CLAIMS FOR INDEMNIFICATION, ARISING FROM OR RELATED TO ACCESS TO OR USE OF KINNEYGROUP.COM, REGARDLESS OF THE LEGAL THEORY OF ANY CLAIM (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE), SHALL NOT EXCEED $100. KGI SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, DATA LOSS OR CORRUPTION, LOST PROFIT, OR COMPUTER FAILURE, INCURRED BY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Access Restrictions
KGI reserves the right to, in its sole discretion, prevent or terminate access to the site, or any portion thereof, without notice. These Terms, access, and use of the site, are governed by the laws of the State of Indiana, without regard to its conflict of laws provisions. No joint venture, partnership, employment, or agency relationship exists between user and KGI as a result of the use of the site. Should any part of these Terms be determined to be invalid or unenforceable, then any provisions determined to be invalid or unenforceable will be deemed to be superseded by a valid, enforceable provision that most closely reflects the intent of the original provision, and the remainder of these Terms shall continue unaffected.