Terms of Use

Welcome to the ioKinetic, LLC ("ioKinetic") website ("Website"). Please read the following terms and conditions regarding use of the Website. By accessing, downloading or using any information, documents, software and products ("Materials") from the Website, you agree to be bound by the terms and conditions ("Terms of Use") that follow. If you do not intend to be bound by such Terms of Use, please do not use the Website.

Use of Site Information

You may download, view, copy and print documents and graphics incorporated in Website ("Documents") subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; (b) the Documents may not be modified or altered in any way; and (c) any software that you download from this Website is subject to the terms of a software license agreement, which you must read and accept prior to downloading. You may not download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without the express authorization of ioKinetic. You may not remove any copyright or other proprietary notices contained in the Documents. ioKinetic reserves the right to revoke the authorization to view, download and print the Documents available on this Website at any time, and any such use shall be discontinued immediately upon written notice from ioKinetic.

Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to ioKinetic, its webmaster or employees, or email function offered as part of the Website. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk email, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, goods or services, promotion, advertising or other commercial matter. You agree not to solicit other users of the Website to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by ioKinetic, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to ioKinetic, you automatically grant (or warrant that the owner of such rights has expressly granted) ioKinetic a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website, and are fully responsible for all activities that occur under your password(s). You agree to notify ioKinetic immediately of any unauthorized use of your password(s).

ioKinetic is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

Trademark Notice

The trademarks, logos, and service marks ("Marks") displayed on this Website are the property of ioKinetic or other third parties. You are not permitted to use the Marks without the prior written consent of ioKinetic or such third party which may own the Marks. Trademarks of ioKinetic include but are not limited to “ioKinetic” and the ioKinetic logo.

Monitoring

ioKinetic, its affiliates and agents are entitled, but not obligated, to review or retain your communications while you are visiting the Website. We may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. You agree that ioKinetic’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which ioKinetic monitors your communications. In no event will ioKinetic be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of ioKinetic’s monitoring activities.

Termination of Use

You agree that ioKinetic may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website.

Links to Other Web Sites

ioKinetic provides links to other websites. We do not control the other sites, and make no representations whatsoever concerning the content of those sites. The fact that ioKinetic has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and ioKinetic cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the internet. You agree that under no circumstances will you hold ioKinetic liable for any loss or damage caused by use of, or reliance on, any content, goods or services available on other sites.

Limitation of Liability

IN NO EVENT SHALL IOKINETIC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY IOKINETIC PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF IOKINETIC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

ioKinetic assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Website. You should not assume that the Materials on this Website are continuously updated or otherwise contain current information. THE MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Minors Use of Web Site

Minors are not eligible to use the Website, and we ask that they do not submit any personal information to us.

Indemnity

You agree to indemnify, defend and hold ioKinetic harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, and/or based on or in connection with, your access and/or use of this Website.

General

These Terms of Use contain the entire agreement between you and ioKinetic and supercede all prior or contemporaneous communications between the parties regarding your use of the Website. The section headings of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section. All matters relating to your access and use of this Website shall be governed by the federal laws of the United States and the laws of the State of New Hampshire. The federal and state courts within Rockingham County, New Hampshire, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to or in any way connected with your access and/or use of this Website. A finding by a court of competent jurisdiction that a provision of these Terms of Use is invalid, illegal or unenforceable shall not affect any other part of these Terms of Use, and such provision shall be construed by limiting it to the extent necessary so as to be enforceable or, if such provision cannot be so limited, then these Terms of Use shall be construed as if they had never contained such provision. A waiver by ioKinetic of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision on any other occasion or upon any other circumstances.