TERMS OF SERVICE
KINESIQ AND/OR ITS AFFILIATES (“KINESIQ”) PROVIDE WEB SITE FEATURES AND SOFTWARE TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. BY VISITING KINESIQ.COM, BY DOWNLOADING AND/OR INSTALLING KINESIQ SOFTWARE OR BY OTHERWISE USING KINESIQ PRODUCTS AND SERVICES (THE “SERVICES”), YOU ACCEPT THESE CONDITIONS. PLEASE READ THEM CAREFULLY.
PRIVACY
ELECTRONIC COMMUNICATIONS
When you use our Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Moreover, you are authorizing KINESIQ to remotely perform maintenance, updates and upgrades of your KINESIQ Services from time to time using electronic means.
COPYRIGHT
All content provided by the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KINESIQ or its content suppliers and protected by copyright laws and international treaty provisions. The compilation of all such content is the exclusive property of KINESIQ and protected by copyright laws and international treaty provisions. All software provided by KINESIQ is the property of KINESIQ or its software suppliers and protected by copyright laws and international treaty provisions.
TRADEMARKS
KINESIQ, MOTION INTELLIGENCE SERVING HEALTH AND WELLNESS, and other KINESIQ graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of KINESIQ in Canada, the U.S. and/or other countries. KINESIQ’s trademarks and trade dress may not be used in connection with any product or service that is not KINESIQ’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits KINESIQ. All other trademarks not owned by KINESIQ that may be used in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KINESIQ.
LICENCE OF SITE
KINESIQ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KINESIQ. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KINESIQ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KINESIQ without express written consent. You may not use any meta tags or any other “hidden text” utilizing KINESIQ’s name or trademarks without the express written consent of KINESIQ. Any unauthorized use terminates the permission or license granted by KINESIQ. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KINESIQ.com so long as the link does not portray KINESIQ, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KINESIQ logo or other proprietary graphic or trademark as part of the link without express written permission.
LICENSE OF SERVICES
KINESIQ grants you a non-exclusive, non-transferable, worldwide right to use the software provided to you by KINESIQ as part of the Services for the sole purpose of enabling you to use the Services as provided by KINESIQ, in the manner permitted by these terms. You will not have the right to (i) modify the Services in any way, (ii) translate or make derivative works of the Services, (iii) market, distribute, sublicense, sell or license the Services or (iv) reverse engineer or attempt to extract the source code of any KINESIQ software, unless laws prohibit those restrictions or you have our written permission. All rights not expressly granted herein to you are retained by KINESIQ.
LINKS TO EXTERNAL WEBSITES
The material on this website may contain links to external websites which are not under the control of KINESIQ. KINESIQ is not responsible for the content of any linked site. KINESIQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KINESIQ of the linked site.
PRODUCT DESCRIPTIONS
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. KINESIQ may also make improvements and/or changes in the Services described at any time without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY KINESIQ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
KINESIQ PROVIDES NO WARRANTY IN RELATION WITH THE SERVICES AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ABSENCE OF LATENT DEFECTS, COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW OR REGULATIONS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS OF ANY KIND. ANY REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY KINESIQ OR ON ITS BEHALF OR OTHERWISE, IS EXPRESSLY DISCLAIMED. KINESIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAWS
You agree that the laws of the Province of Quebec (Canada), without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and KINESIQ. Should any legal dispute arise, only the Courts of the city of Montreal will be of competent jurisdiction.
MODIFICATION
KINESIQ may, in its sole and absolute discretion, change these Terms of Service from time to time. KINESIQ will post a copy of the Terms of Service as changed on KINESIQ.com. Your continued use of the Services constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.
NON-WAIVER
The failure of KINESIQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of these Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Service will remain in force.
ENTIRE AGREEMENT
These terms and conditions constitute the entire and exclusive agreement between you and KINESIQ concerning your use of the Services and supersede any and all statements or other agreements, whether oral or written, between you and KINESIQ regarding that use.