Effective Date: August 1, 2022
Welcome to the Kinex Medical Company, LLC website (the “Website”), owned and operated by Kinex Medical Company, LLC (“KINEX”). Your access to and use of this Website is subject to terms and conditions of use described below (hereinafter “Terms of Use”). All pages within this Website and any information, material, or content made available on or through this Website are subject to these Terms of Use. Your use of this Website indicates your agreement to be bound by these Terms of Use. These Terms of Use apply only to your use of KINEX websites, products, and services that link to these Terms of Use. These Terms of Use do not apply to any other website, product, or service.
If you do not agree to the following Terms of Use, please do not access or use the Website, products, or services.
1. Changes to the Terms of Use or Website.
KINEX reserves the right to change, modify, or discontinue the Website or any portion of the Website, including any and all content, at any time without notice to you. KINEX reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Website. By accessing the Website after any changes to these Terms of Use are made, you consent and agree to all such changes.
2. Your Information.
If you choose to submit information to KINEX, you agree that your personal information and other information you submit to KINEX is true, accurate, and up to date at all times. You agree to immediately notify KINEX if you suspect any breach of security related to this Website.
3. Consent to Contact via Phone (Mobile or Landline) or Electronic Mail
You agree that KINEX may contact you at any email address or telephone number (including telephone numbers which could result in charges to you) provided by you directly to KINEX or through the KINEX website or provided by you through any means, whether in the past, present, or future. You agree that KINEX may contact you using pre-recorded or artificial voice messages, an automated telephone dialing system or text messages. You acknowledge that text messages and email are inherently insecure and that there are risks involved when using them. Some risks include that they may (1) be forwarded to third parties, printed, stored in multiple electronic forms, and may be received by an unintended recipient or sent to an unintended recipient; (2) be used in court; (3) be intercepted and read by third parties; and (4) exist even after you "delete" them. You consent to receive calls, emails, and text messages from KINEX for any reason including, but not limited to, account maintenance, transactions and servicing and your payments.
4. Your use of the Website.
You are granted a limited, non-exclusive, revocable right to access and use this Website solely for your personal or general non-commercial use. Except for the limited right expressly granted to you in these Terms of Use, KINEX and its licensors expressly reserve all other rights and licenses to the Website and its content. Unless expressly permitted by these Terms, you shall not:
• Modify, reproduce, reverse engineer, or resell any part of the Website or KINEX Content (as defined below);
• Use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Website;
• Penetrate or attempt to penetrate the security measures protecting the Website, including without limitation by hacking, password “mining,” or any other illegitimate means;
• Obtain or attempt to obtain any materials, content, or information on the Website through any means not purposely made available through the Website;
• Intentionally disrupt the operation or functionality of the Website;
• Use this Website or KINEX Content for any purpose prohibited or restricted by law; or
• Otherwise use this Website or any KINEX Content in any manner other than the manner in which it is intended to be used, unless you first obtain KINEX’s express written consent.
You further agree that you will not use the Website to:
• Impersonate another person, whether actual or fictitious, including without limitation impersonating any KINEX employees or consultants;
• Post, disseminate, submit, transmit, host, share, and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam,” or bulk communications of any kind;
• Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business unless specifically permitted; or
• Post, disseminate, submit, transmit, host, share, and/or publish material that is protected by copyright, trade secret, patent, trademark, and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent, and release with respect to such material as provided in the Terms of Use.
5. Downloadable Content.
In its sole discretion, KINEX may make available certain KINEX Content available for download (“Resources”). You are granted a limited, non-exclusive, revocable license to access and use the Resources solely to: (a) download the Resources to your website viewing device for the purpose of viewing it; or (b) print the Resources for your personal or non-commercial, educational use.
You hereby agree, represent and warrant that you will not (i) modify, alter, excerpt or otherwise change the Resources and only use them in the form in which they are downloaded and (ii) make copies of the Resources, (iii) remove, alter, modify, obscure or otherwise change any notice or attribution, e.g. a copyright notice, or (iv) make the Resources publicly available, such as by posting on a website, or otherwise display the Resources. You hereby agree, represent and warrant that you will indemnify, defend and hold harmless (as provided in Section 14 below) and forever release and covenant not to sue KINEX relating to such Resources and use of the Website. Any use of the Resources other than as permitted under the Terms of Use may be undertaken only with the prior written authorization of KINEX.
6. Your Submissions to the Website.
The Website may allow you to post, disseminate, submit, transmit, host, share, and/or publish various materials and information (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing, and/or publishing and permitting others to download and use such User Materials on and/or to the Website.
By using the Website and posting, disseminating, submitting, transmitting, hosting, sharing, and/or publishing such User Materials on and/or to the Website, you represent and warrant that (a) you own the entire right, title, and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent, and release herein), (b) you indemnify, defend and hold harmless (as provided in Section 14 below) and forever release and covenant not to sue KINEX relating to such User Materials and use of the Website, and (c) such User Materials do not violate, infringe, and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to KINEX and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners, and those acting with authority of the foregoing (collectively, “KINEX Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, excerpt, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify, and/or transcode such User Materials in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the internet, in publications and advertisements, at scouting/recruiting events, and in kits distributed to the media. You also hereby irrevocably waive, as against the KINEX Parties, all moral rights and rights of restraint in such User Materials. The license, consent, and release herein is binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.
You acknowledge that KINEX reserves the right to display advertisements in connection with such User Materials, to display such User Materials with similar materials from other users, and to use such User Materials for marketing, promotional, and advertising purposes. You further acknowledge that KINEX has the right (but not the obligation), in our sole discretion, to prescreen, pre-approve, refuse, and/or remove from the Website, without prior notice, any User Materials, including without limitation User Materials that violate the Terms of Use.
7. Termination/Suspension.
You agree that KINEX may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this Website, including any account hereon, without notice, for any reason in KINEX’s sole discretion, including, without limitation, violation of these Terms of Use or KINEX’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, KINEX, its licensors, another user, or any third party. Upon termination you agree to and covenant that you will delete any and all Resources obtained from the Website in your possession, custody or control.
8. Privacy.
By accessing and using this Website, you are expressly agreeing and consenting to the collection and use of your personal information and other data. If you submit your contact information to us, we may contact you with information you may be interested in, such as new opportunities or news about KINEX. KINEX’s Privacy Policy applies.
9. Trademarks.
KINEX, or third parties from whom KINEX has permission, own the trademarks and service marks that are used on this Website. All rights are reserved by KINEX and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of KINEX and its licensors may not be used without prior written consent of KINEX or its licensor, as the case may be. Without limiting the foregoing, no KINEX trademark or trade dress may be used in connection with any product or service that is not KINEX’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits KINEX.
10. Intellectual Property.
Except for User Materials, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on or comprising the Website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Website, and the software comprising and/or embodying the foregoing (collectively, the “KINEX Content”), are owned, controlled, or licensed by or to KINEX, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Website gives you no ownership rights in the KINEX Content.
You grant KINEX a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit about this Website or KINEX Content for any purpose (including, without limitation, commercialization) and without compensation to you.
11. Digital Millennium Copyright Act.
If you have reason to believe that material on this Website infringes your copyright, please send a notice by mail or email to the contact information listed in Section 18 below requesting that the infringing material be removed. The notice must contain the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
B. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Website;
C. Identification of the allegedly infringing material and where the material is located on the Website;
D. Your contact information, including your name, address, telephone number, and email address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization by user of the Website. We also reserve the right to suspend or delete the account of any repeat offender.
12. Children’s Privacy.
You must be at least 18 years old to use this Website. We do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on the Website. If you learn that your minor child has provided us with personal data without your consent, contact us.
13. Third-Party Sites.
This Website may contain links to other unrelated websites on the internet. KINEX is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such sites, including (without limitation) any links to employment applications. These Terms of Use do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any website that you visit. KINEX makes no representations or warranties regarding the security of any information you make available to such websites. KINEX is not liable for any losses or damages incurred as the result of your business dealings with such third parties.
14. Disclaimer of Warranties and Limitation of Liability.
THIS WEBSITE AND ALL CONTENT AND FUNCTIONALITY MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY KINEX ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. KINEX DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERALS ON THE WEBSITE, THE FUNCTIONALITY OF THE WEBSITE, AND THE AVAILABILITY OF THE WEBSITE. KINEX CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE WEBSITE OR KINEX CONTENT. KINEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION, MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE. KINEX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR COMMUNCIATIONS SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. KINEX AND ITS AFFILIATES, THIRD PARTY SUPPLIERS, EMPLOYEES, AGENTS, AND DIRECTORS, ARE NOT RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH OR RELATED TO YOUR ACCESS OR USE OF THIS WEBSITE OR ANY OF ITS CONTENT.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, KINEX WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENT AND FUNCTIONALITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL KINEX’S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
15. Indemnification.
You agree to indemnify, defend, and hold harmless KINEX and its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of this Website, your use of any material, information, or data that is downloaded or otherwise obtained from this Website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of KINEX or any other person or entity.
16. Interpretation and Disputes.
These Terms of Use are made and entered into within and shall be are governed by, construed, interpreted and enforced in accordance with the laws of the State of Wisconsin, without regard to any conflict of laws provisions. Venue and jurisdiction shall be proper exclusively in the federal and state courts of the state of Wisconsin with respect to any dispute arising under these Terms of Use. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of the state of Wisconsin, over any suit, action or proceeding arising out of or relating to these Terms of Use and waive any right to challenge the same.
If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this Website must be commenced within two (2) years after the action or claim arises or is discovered.
17. Entire Agreement.
These Terms of Use constitute the entire agreement between you and KINEX relating to this Website and any content and materials obtained through the Website, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by KINEX. These Terms of Use will inure to the benefit of KINEX’s successors and assigns.
18. Electronic Communications.
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and KINEX may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
19. Contact Us.
If you have questions about this Website, these Terms of Use, or would like to contact us for any other reason, you may contact us using the following:
• E-mail: information@kinexmedical.com
• Phone: 800-845-6364
• Mail: Kinex Medical Company, LLC
1801 Airport Road, Suite D
Waukesha, WI 53188
27482797.1
