TO ACCESS AND USE THIS WEB SITE YOU MUST AGREE TO THE FOLLOWING TERMS, SO PLEASE READ THEM CAREFULLY AND DO NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM.
KICKFIRE reserves the right in its sole discretion to change the Agreement in any manner at any time, with or without notice and for any reason or for no reason by revising its terms and conditions. You will regularly review the Agreement to check for updates. Continued use of the Site following any such changes means that You at all times agree to each of them. The Site is subject to change in any manner and at any time without notice in KICKFIRE’s sole discretion.
You may not use any manual or automated means, including spiders, robots, crawlers, data mining tools, scrapers and the like to download data from the Site. You may not attempt to gain unauthorized access to Site computer systems or networks. You may not engage in any activity that directly or indirectly disrupts, tests, probes, scans, diminishes the quality of or interferes with the performance of the Site or in any way alters or impairs the functionality of the Site, in whole or in part. You may not interfere or disrupt any Site user’s access to the Site or in any way use the Site for spamming, sending viruses or other harmful code or engaging in any denial of service and/or other attacks or unlawful actions. This paragraph also applies to any KICKFIRE security or authentication measures.
If You send KICKFIRE any suggestions, error corrections, business ideas, improvements, data, contributions, articles, documents, ideas, notes, drawings, concepts and/or other information in any form (collectively the "Information"), such Information will be deemed to have been supplied voluntarily and without charge by You. None of the Information will be subject to any obligation of confidence on the part of KICKFIRE. KICKFIRE is hereby granted and will at all times have a worldwide, unconditional, nonexclusive, perpetual, irrevocable, royalty free and fully paid up right and license to use, modify, sublicense, sell, create derivative works of, publish, edit, distribute in any manner and for any purpose(s), publicly and digitally perform and display by all means, adapt, disclose and commercially and otherwise exploit the Information in any manner it desires and KICKFIRE will not be liable to You or others for any such activities. You will not send any Information to KICKFIRE in which You wish to retain rights of any kind which are inconsistent or conflicting with the above rights granted to KICKFIRE and/or with respect to which You wish to receive any fixed, contingent and/or other fee, payment, royalty or other value of any kind or on which you wish to place restrictions of any kind.
Digital Millennium Copyright Act
If You are a copyright owner or a copyright owner’s agent and believe that any Site content or material of any kind infringes on Your or Your principal’s copyrights, You may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing KICKFIRE’s Copyright Agent with the following written information: Identification of the work(s) or material You claim to have been infringed;
Identification of the work or material that is claimed to be infringing and that is to be removed and information reasonably sufficient to permit KICKFIRE to locate it and verify its existence;
Information that will allow KICKFIRE to contact You (address, phone number, email if available);
A physical or electronic signature of You or another person authorized to act on Your behalf;
A statement that You believe in good faith that use of the work(s) or material in the manner complained of is not authorized by You, or if you are an agent, the copyright owner, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
KICKFIRE’s designated Copyright Agent to receive notifications of claimed infringement is the KickFire Legal Department at 2290 North First Street, Suite 102, San Jose, California, 95131, email: email@example.com, fax: (408) 493-1788. You acknowledge that if You do not comply with all of the above requirements Your DMCA notice may not be valid.
If a counter-notice is received by the Copyright Agent, KICKFIRE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KICKFIRE’S sole discretion.
KICKFIRE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF THE SITE, CONTENT OR OTHERWISE, INCLUDING INFORMATION, DATA, DOCUMENTS, GRAPHICS, VIDEOS AND OTHER CONTENT (THE "SITE MATERIALS"). ALL SITE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SITE MATERIALS MAY INCLUDE INACCURACIES AND ERRORS. KICKFIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF SITE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
KICKFIRE DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KICKFIRE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF ANY KIND.
KICKFIRE AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AFFILIATES AND/OR CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR LOST DATA OR LOSS OF USE CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, BREACH OF STATUTE AND/OR ANY OTHER LEGAL THEORIES OF LIABILITY, EVEN IF KICKFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU ASSUME ALL RISK, KNOWN AND UNKNOWN, INCIDENT TO HIS YOUR USE OF THE SITE. IN NO EVENT WILL KICKFIRE AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AGENTS, AFFILIATES AND/OR CONTRACTORS BE LIABLE OR OBLIGATED TO YOU FOR ANY AMOUNT IN EXCESS OF TEN DOLLARS ($10 U.S.) OR THE AMOUNT YOU PAID KICKFIRE DURING THE ONE (1) YEAR PERIOD PRIOR TO THE ACCRUAL OF YOUR CLAIM (WHICHEVER IS GREATER), INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, LOST DATA, LOSS OF USE, LOST PROFITS, LOST REVENUE, NEGLIGENCE, PRODUCT LIABILITY, ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY AND/OR ANY OTHER THEORIES OF LIABILITY. THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES, IS PART OF THE ECONOMIC TERMS OF THE AGREEMENT AND WILL BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDIES HEREIN.
BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD KICKFIRE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND CONTRACTORS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, ATTORNEYS FEES AND/OR EXPENSE(S) ARISING OUT OF OR RELATING TO (A) ANY FRAUD, MANIPULATION, OTHER UNLAWFUL OR WRONGFUL MISCONDUCT AND/OR BREACH OF THE AGREEMENT BY YOU AND (B) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST KICKFIRE AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AFFILIATES AND/OR CONTRACTORS ARISING OUT OF YOUR USE OF THE SITE.
All contents of the Site are Copyright © 2005-2017 VisiStat, Inc. All rights reserved.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, commercially exploit in any manner, or sell in any way any Site Materials, except that You may view the Site content in its present form and You may download on any single computer one (1) copy of the Site Materials for use as permitted by the Agreement, provided You keep intact all copyright and other proprietary notices and subject to the rights of any third parties whose content appears on the Site. You recognize that unauthorized use of Site content may subject You to criminal liability under the Computer Fraud and Abuse Act.
KICKFIRE and its logo, service marks, trademarks, and/or trade dress are owned or licensed exclusively by KICKFIRE. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Between You and KICKFIRE, KICKFIRE owns the Site, all current and future worldwide Site content and all copyrights, patents and patent rights, trade secrets, design rights, moral rights, know-how and other intellectual property rights of any kind.
Prior to setting up a hypertext link to the Site, please contact KICKFIRE's Webmaster at firstname.lastname@example.org for permission. KICKFIRE's trademark and/or design or logo may not be utilized in the icon establishing a link without express permission from KICKFIRE. You may not incorporate in either a piecemeal or wholesale fashion, through the use of framing or any other method, Site Materials into another Web site in any manner whatsoever.
If You click on a link on the Site, You will leave the Site. The linked sites are not under the control of KICKFIRE and KICKFIRE is not responsible for the contents of any linked site or any link contained in a linked site. KICKFIRE is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by KICKFIRE of the linked site(s). Any linking by You is at Your own risk.
You understand that misuse or abuse of the Site may, among other things, result in Your being denied access to the Site. KICKFIRE reserves the right to deny You access to the Site for any reason or for no reason. The Agreement is effective until terminated by either party. You may terminate the Agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installation thereof, whether made under the terms of the Agreement or otherwise. The Agreement will terminate immediately without notice from KICKFIRE if in KICKFIRE's sole discretion You fail to comply with any term or provision of the Agreement. Upon termination, You must destroy all Site Materials and all copies thereof, whether made under the terms of the Agreement or otherwise.
If any provision in the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable such provision will not be voided, but will be enforced to the maximum extent permissible under applicable law and the remaining provisions will nevertheless continue in full force without being impaired or invalidated. The Agreement is the entire agreement of KICKFIRE and You with respect to all of the matters stated or referenced herein and may not be modified except by a written document executed by an officer of KICKFIRE and You.
The Agreement is governed by the laws of the State of California, U.S.A. without giving effect to any principles of conflicts of law. You agree that any dispute, claim, controversy, action at law or in equity arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by confidential arbitration in San Jose, California, except that, to the extent that (1) You have in any manner violated or threatened to violate KICKFIRE's Intellectual Property Rights, KICKFIRE may seek injunctive or other appropriate relief in any state or federal court in the state of California or elsewhere and (2) any claims with a monetary value within the jurisdiction of the small claims courts of Santa Clara County will be subject to such jurisdiction and venue. With respect to Sections (1) and (2) above, You irrevocably consent to exclusive jurisdiction and venue in such courts. Any arbitration arising out of or related to this Agreement will be conducted by JAMS by a single arbitrator in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those rules. The arbitrator is to be a retired judge at any available location of JAMS in Santa Clara County with substantial experience in intellectual property matters. The parties may agree on the arbitrator, but if they cannot agree within thirty (30) days of the submission of any claim to JAMS, then a retired judge will be selected by JAMS. The conclusion of the arbitrator will be in accordance with applicable law, in writing and will be binding and final. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. If You use the Site outside of California You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All rights not expressly granted herein are reserved by KICKFIRE.