Terms of Use Agreement

The Kinetic Path, LLC is a California limited liability company (the “Company,” “The Kinetic Path,” “us,” “we,” and “our”). This agreement supplements and incorporates our California Privacy Policy Agreement, Privacy Policy Agreement, Code of Conduct Agreement, and Terms of Use Agreement, all found at www.TheKineticPath.com and incorporated herein by reference (collectively, the “Agreement”).

This Agreement governs your (“you,” “your”) access to and use of all our websites, including all content, functionality (each, a “Website” and collectively, the “Websites”), and your access to and use of our other products and services, whether paid, unpaid, or free (the “Offerings” and collectively with the websites, “Services”).​

Read Carefully

Please read the Agreement carefully before you use the Services. By accessing or using the Services, you accept and agree to be bound and abide by this Agreement. You must not access or use the Services if you do not agree to this Agreement. This Agreement may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review the Agreement when returning to our Services.​

The Services are offered and available to users who are 18 years of age or older. By using these Services, you represent and warrant that you are of legal age to form a binding contract with The Kinetic Path and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.​

Changes to the Agreement

We may revise and update this Agreement occasionally at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued access or use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.​

Accessing the Services

We reserve the right to withdraw or amend the Services and any service or material we provide on or in connection with the Services, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all Services, to users, including registered users. Your sole remedy for dissatisfaction with the Services or any products, services, Content, or other information available on or through the Services is to discontinue using the Services.​

You are responsible for both:​

• Making all arrangements necessary for you to have access to the Services; and

• Ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with them.​

You may be asked to provide certain information to access the Services or some of the resources it offers. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.​

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by The Kinetic Path, its licensors, or other providers. The United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect them.​

This Agreement permits you to use the Services for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or accessible through the Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:​

• Modify copies of any materials from the Services;

• Use any illustrations, photographs, video or audio sequences, or any graphics;

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services;

• Access or use for any commercial purposes any part of the Services or any services or materials available through the Services,

• Circumvent or disable any content protection system or digital rights management technology used with any Services;

• Decompile, reverse engineer, disassemble, or otherwise reduce any Services to a human-readable form;

• Remove identification, copyright, or other proprietary notices in or on the Services;

• Access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services, or brands unless you have an executed agreement with us that allows for such activity;

• Use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof, except as expressly authorized in this Agreement or as part of the Services provided to you;

• Introduce a virus or other harmful component, or otherwise tamper with, impair, or damage any Services or connected network, or interfere with any person or entity’s use or enjoyment of any of the Services;

• Access, monitor, or copy any element of the Services using a robot, spider, scraper, or other automated means or manual process without our express written permission; or

• Sell, resell, or make commercial use of the Services unless you have an executed agreement with us that expressly allows for such activity.

Violation of any of the above constitutes a breach of the Agreement, your right to use the Services will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and The Kinetic Path reserves all rights not expressly granted. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.​

Trademarks

The Kinetic Path name and all related names, logos, product and service names, designs, and slogans are trademarks of The Kinetic Path or its affiliates or licensors. You must not use such marks without the prior written permission of The Kinetic Path. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.​

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation(including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

• To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

• To impersonate or attempt to impersonate The Kinetic Path, a Kinetic Path employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm The Kinetic Path or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services;

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;

• Use any device, software, or routine that interferes with the proper working of the Services;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or

• Otherwise, attempt to interfere with the proper working of the Services.​

Monitoring and Enforcement; Termination

We have the right to do any of the following:​

• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or

• Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.​

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.​

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.​

Third-Party Services

Certain Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). We do not control any Third-Party Services. We additionally make no claim or representation regarding the Third-Party Services and accept no responsibility for the quality, content, nature, applicability for any particular purpose, or reliability of Third-Party Services accessible from the Services. There is no implied affiliation, endorsement, or adoption by The Kinetic Path of these Third-Party Services, and we are not responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.​

Reliance on Information

The information presented on or through the Services is made available solely for general information purposes. We do not warrant this information's accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or anyone who may be informed of its contents.​

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by The Kinetic Path, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Kinetic Path. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Assumption of Risk

You agree and understand that their participation in the Services may involve risks. These risks may lead to tangible or intangible harm, and you agree that these risks may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose to use or participate in the Services of your own will and volition.​

Changes to the Services

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.​

Information About You and Your Visits to the Services

All information we collect on this Service is subject to our Privacy Policy. By using the Services, you consent to all our actions concerning your information in compliance with the Privacy Policy.​

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to:​

• Link from your own or certain third-party websites to certain content on this Service;

• Send emails or other communications with certain content, or links to certain content, on this Services; or

• Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party websites.

• You may use these features solely as we provide them and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that you do not own;

• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

• Link to any part of the Services other than the homepage; or

• Otherwise, take any action with respect to the materials on this Service that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.​

We may disable all or any social media features and any links at any time without notice at our discretion. 

Links from the Services

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you

decide to access any of the third-party websites linked to this Service. You do so entirely at your own risk and subject to such website's terms and conditions of use.

Geographic Restrictions

The owner of the Services is based in the State of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.​

Accurate Information

You agree and verify that all information you give us and our representatives is accurate, up to date, and without the omission of any requested information and that even if you have omitted any necessary information, whether knowingly or unknowingly, you will hold The Kinetic Path harmless against all responsibility and liability for any damages that may occur to you or others because of such inaccurate or incomplete information.​

No Guarantee

Except as may be otherwise agreed to in writing by both you and us, you understand and agree that we offer the Services with no guarantee of results of any kind. You agree that any results, whether positive or negative or lack thereof, are not The Kinetic Path’s responsibility and that The Kinetic Path shall bear no liability or responsibility of any kind for such.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ITS CONTENT, AND ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ITS

CONTENT AND ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ITS CONTENT, OR ANY CONTENT OR RESULTS THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.​

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL KINETIC PATH BE LIABLE FOR DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE MEMBERSHIP SERVICES IN EXCESS OF THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless The Kinetic Path, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses,

costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Services.​

Governing Law and Jurisdiction

All matters relating to the Services and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Waiver and Severability

No waiver by The Kinetic Path of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of KINETIC PATH to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. ​

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Entire Agreement

The Agreement constitutes the sole and entire agreement between you and KINETIC PATH regarding the Services. It supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Severability

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

Your Comments and Concerns

All notices of copyright infringement claims and other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@TheKineticPath.com.