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Kendall Group Terms and Conditions


TERMS OF USE

Thank you for visiting our website (the “Site”). This Site is owned and operated by Company (“Company”, “our”, “we”, or “us”). All content, information, applications, and services provided on and through the Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). You should carefully read these Terms. Your access to and use of this Site, its content, information, applications, or services, is governed by these Terms, which are a legally binding contract between you and us. In addition, when using a particular service, and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms and govern any conflict or inconsistency with these Terms.

IF YOU DO NOT UNDERSTAND OR ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU MUST DISCONTINUE YOUR USE OF THE SITE.

Permitted Use. Subject to these Terms, Company grants you permission to temporarily download one copy of the materials (information or software) on the Site for your personal, non-commercial transitory viewing only. This is the grant of a license only, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. In these Terms, all references to the “Site” shall be deemed to include all “software,” “materials,” and “services,” unless otherwise expressly indicated. All rights not expressly granted by Company to you are retained by Company, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Intellectual Property Rights

Copyright. The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Company’ prior written permission.

Trademarks. Company, all company names, and all other trademarks and logos, unless otherwise noted, are trademarks of Company, or its affiliates or other companies under common ownership or control or their licensors (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

Privacy. We take your privacy seriously. Our use of any personal information we collect via the Site is subject to the terms of our Privacy Policy, which can be found at Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purposes set forth in, the Privacy Policy.

DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING ALL SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY COMPANY “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE COMPANY, ITS AFFILIATES, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS OR YOUR USE OF THE SITE.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SERVICES. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. ALL REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL THE COMPANY RELEASED PARTIES BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

THE COMPANY RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF THE DOWNTOWN MARKET’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Indemnity. You agree to indemnify and hold the Company Released Parties harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Third Party Service Providers. We may use third party service providers to help develop and maintain the Site and to provide specific services offered through the Site. You agree that the terms and conditions set forth in these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by us. All references to Company are deemed to include its agents and service providers. All agents and service providers of Company will be authorized to use your personal information as stated in, and in accordance with, our Privacy Policy.

Third Party Information. Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. Company is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Company reserves the right to terminate any link or linking program at any time. We provide such links only as a convenience to you, and we have not endorsed, tested or verified any information, programs, companies, or products on sites to which the Site links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or other content on the Site, or use the content for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the software and hardware infrastructure relating to the Site.

Termination. Company may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Company may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms or under any other applicable policy without prior notice. You agree that we will not be liable to you or any third party for any termination of your access to this Site. Provisions that survive termination of these Terms are those relating to intellectual property, ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Amendments. Company reserves the right to change these Terms and and/or any of its other terms, conditions, and rules relating to the Site, at any time in its sole discretion. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Applicable Law, Severability and Waiver. In order to ensure consistency in the interpretation and enforcement of these Terms or Company’ rights in the Site, these Terms will be governed exclusively by the law of the State of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Company related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of Kent County, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect.

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms.

Assignment. You may not assign your rights and obligations under these Terms without our prior written consent.

Complaints and Violations. If you have any complaints or wish to report any violation of these Terms, please contact us at marketing@kendallgroup.com.

Effective Date: June 25, 2015