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Terms & Conditions

Terms of Service

1. By using the kanehgenix.com website (“Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy, which are hereby incorporated into these Terms of Use.  In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refers to KanehGenix, LLC and kanehgenix.com, and “Services” refers to all services provided by us.

We may revise these Terms of Use at any time without notice to you.  It is your responsibility to review these Terms of Use periodically.  If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site.  If you have any questions about these Terms of Use, please contact us at info@kanehgenix.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

2. Ownership.  This Site is owned and operated by KanehGenix, LLC. (“KG”).  All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (collectively Materials”) are owned or licensed either by KG or by our respective third party authors, developers, or vendors.  Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site may or is intended to be construed to confer any license under any of KG’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses.  KG does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by kanehgenix.com. Any rights not expressly granted herein are reserved by KG.

3. Links to Third Party Sites.  This Site may contain links to Web sites controlled by parties other than us (each a “Third Party Site”).  We may work with a number of partners and affiliates whose sites are linked with us.  We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites.  We make no guarantees about the content or quality of the products or services provided by such sites.  We are not responsible for webcasting or any other form of transmission received from any Third Party Site.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither kanehgenix.com nor KG are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

4. Reviews, Comments, Communications, And Other Content.  At various locations on the Site, we may permit visitors to post reviews, comments, and other content (the “User Content”).  Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.

5.1. Rights and Responsibilities. We respect the intellectual property of others, and we ask our users to do the same.  We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide an KG representative with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Although we cannot make an absolute guarantee of system security, we take reasonable steps to maintain security.  If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If our technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other Site users, we reserve the right to delete those files or to stop those processes.  If our technical staff suspects a username is being used by someone who is not authorized by the proper Site user, we may disable that user’s access in order to preserve system security. In all such cases, we will contact the member as soon as feasible.

We have the right, in our sole and absolute discretion, to (a) edit, redact or otherwise change any User Content, (b) re-categorize any User Content to place it in a more appropriate location or (c) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

We reserve the right to refuse service to anyone and to cancel user access at any time.

5.2 Rights and Responsibilities of Site Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Site service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a license to us to use, reprint, distribute, modify, and create derivative works, which will be owned by us. 

In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give us permission to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.

The use of your Site user account or posting User Content for any illegal activity under the laws of the State of Minnesota and the United States is a violation of these Terms of Use.  Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside our locality or your own residence. Our Site is open to users worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and we cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. 

You agree not use the Site in any way that could damage, disable, or impair any Services provided by us (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

6. No Warranty. 

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. KANEHGENIX.COM AND ANY OTHER COMPANY SITES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

7. Limitation of Liability. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

8. Indemnification. You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

9. Unsolicited Submissions. Except as may be required in connection with your use of our Services, we do not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to the Site through or in association with this Site will be considered non-confidential.  By providing such submissions to us, you hereby grant us a license to use, reprint, distribute, modify and create derivative works which will be owned by us. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

10. Compliance with Intellectual Property Laws.  When accessing the Site or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Site user account.

If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act as described above in Section 5.1.

11. Inappropriate Content. When accessing the Site or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  We reserve the right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

12. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations.  You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.  You acknowledge and agree that the Materials and products sold by us are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

13. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

14. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations are governed by and interpreted in accordance with the laws of the State of Minnesota, excluding its choice of law rules.  Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Ramsey County, Minnesota. You and KG agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.  These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

15. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2020, KANEHGENIX, LLC. ALL RIGHTS RESERVED.

16. Trademarks. Marks including, but not limited to, “KanehGenix,” all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of KanehGenix, LLC. 

17. Acknowledgement. BY USING OUR SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

18. Contact.  If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at info@kanehgenix.com