Terms of Use:

Acceptance of Terms

This is a binding agreement between you and CoreKinetics, LLC ("CoreKinetics"). By using the website located at www.CoreKinetics.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to be bound by and to abide by these Terms of Use, as they may be amended by CoreKinetics from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. CoreKinetics will post a notice on the Site any time these Terms of Use have been materially changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy

CoreKinetics respects your privacy and permits you to control the treatment of your personal information. A complete statement of CoreKinetics' current Privacy Policy can be found by clicking here. CoreKinetics' Privacy Policy is expressly incorporated into this Agreement by this reference.

Site Access

CoreKinetics hereby grants you permission to use the Site or Service as set forth in this Terms of Use, provided that: (i) your use of the Site or Service as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Site in any medium without CoreKinetics' prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

If you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CoreKinetics immediately of any unauthorized use of your account, user name, or password. CoreKinetics shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CoreKinetics, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

User Content

The Site or Service may now or in the future permit the submission of advertising, articles, videos or other communications submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, CoreKinetics does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You grant CoreKinetics a license to use the materials you post to the Site or Service. By posting, displaying, performing, transmitting, or otherwise distributing information or other content User Content to the Site or Service, you are granting CoreKinetics, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of CoreKinetics, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works from User Content. You will not be compensated for any User Content. You agree that CoreKinetics may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and 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 ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, trade secret, or other intellectual property or proprietary rights (collectively, "Intellectual Property"). You agree to abide by laws regarding 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 User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available on the Site. 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 without the express written permission of CoreKinetics. CoreKinetics reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CoreKinetics intends to 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.

Use of Communication Services

The Site may now or in the future contain calendars, bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable communication with the public at large or with a group ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate for the Communication Services. By way of example, and not as a limitation, you agree that when using the Communication Services you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other CoreKinetics guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

CoreKinetics has no obligation to monitor the Communication Services. However, CoreKinetics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CoreKinetics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Any breach by a CoreKinetics member may be grounds for additional action by CoreKinetics, including termination of membership.

CoreKinetics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CoreKinetics' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CoreKinetics does not control or endorse the content, messages or information found in any Communication and, therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CoreKinetics spokespersons, and their views do not necessarily reflect those of CoreKinetics. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Alleged Violations

CoreKinetics reserves the right to terminate your use of the Service and/or the Site at any time. To ensure that CoreKinetics provides a high quality experience for you and for other users of the Site and the Service, you agree that CoreKinetics or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. CoreKinetics does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CoreKinetics reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if CoreKinetics believes that you have violated any of the Terms of Use, furnished CoreKinetics with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES

COREKINETICS HEREBY DISCLAIMS ALL WARRANTIES. COREKINETICS IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CoreKinetics DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CoreKinetics OR ANY EMPLOYEE OR REPRESENTATIVE OF CoreKinetics OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.

LIMITED LIABILITY

COREKINETICS' LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COREKINETICS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEE ABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COREKINETICS. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

Affiliated Sites

CoreKinetics has no control over, and no liability for any third party websites or materials. CoreKinetics may work with a number of members, partners and affiliates whose Internet sites may be linked with the Site ("Affiliated Sites"). Because neither CoreKinetics nor the Site has control over the content and performance of these Affiliated Sites, CoreKinetics makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CoreKinetics assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CoreKinetics makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

CoreKinetics imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the code used by CoreKinetics in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify, defend, and hold harmless CoreKinetics, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any Intellectual Property or other right of any person or entity. CoreKinetics will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

CoreKinetics' Proprietary Rights; Limited License

All contents of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, "CoreKinetics Content"), is the property of CoreKinetics or its licensors and is protected by U.S. and international Intellectual Property laws. You do not acquire any ownership rights in or to CoreKinetics Content by using, printing, downloading or copying any CoreKinetics Content or using this Site. Any use of CoreKinetics Content or this Site other than for the express services provided, including but not limited to copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited. CoreKinetics hereby grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Service on a single computer; provided, however that you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Service.

Governing Law and Venue

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Contra Costa County, California in all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Trademarks; No License

The CoreKinetics and CoreKinetics' logo, trademarks and service marks and other logos and product and service names are trademarks of CoreKinetics (the "CoreKinetics Marks"). Nothing contained on the Site should be understood as granting you a license to use any of the CoreKinetics Marks, or the marks of any third party. Without CoreKinetics' prior written permission, you agree not to display or use in any manner the CoreKinetics Marks or the marks of any third party on this Site.

Modifications

CoreKinetics may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CoreKinetics shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Statute of Limitations

You agree that regardless of any statute or law providing a longer period, any claim arising out of or related to use of the Service or Site or the Terms of Use must be filed within one (1) year after such claim arises or be forever banned.

(this page updated September 1, 2010)