Terms of Use

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.).

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to systematically retrieve data to create compilations or directories without written permission; trick, defraud, or mislead us; circumvent security features; upload viruses or malicious code; engage in automated scraping; or attempt to impersonate another user or person.

5–6. User Contributions & License

The Services does not offer users the ability to submit or post content publicly. By submitting suggestions or other feedback, you agree that we can use and share such feedback for any purpose without compensation to you. You retain full ownership of any of your Contributions and any associated intellectual property rights.

7. Third-Party Websites and Content

The Services may contain links to other websites. Such Third-Party Websites and content are not investigated or monitored by us, and we are not responsible for any Third-Party Websites accessed through the Services. Inclusion of, linking to, or permitting the use of any Third-Party Websites does not imply approval or endorsement thereof by us.

8. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms; and otherwise manage the Services in a manner designed to protect our rights and property.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON WITHOUT NOTICE OR LIABILITY. If we terminate or suspend your account for any reason, you are prohibited from registering a new account.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.

11. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

12. Dispute Resolution

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in Harris County, Texas. The parties agree that any arbitration shall be limited to the dispute between the parties individually — no class actions.

13–15. Corrections, Disclaimer, and Limitations of Liability

We reserve the right to correct any errors, inaccuracies, or omissions on the Services at any time without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand arising out of your use of the Services, breach of these Legal Terms, or violation of the rights of a third party.

17. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

18. Electronic Communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements and notices we provide to you electronically satisfy any legal requirement that such communication be in writing.

19. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

20. Miscellaneous

These Legal Terms and any policies posted by us on the Services constitute the entire agreement between you and us. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

21. Contact Us

Kinesix Corporation
8215 Long Point Rd, STE 22
Houston, TX 77055
United States
kx_info@kinesix.com

Also available: Download EULA (PDF)