Kindsight Legal and Online Terms of Use

Last modified: July 21, 2009

Kindsight makes information and products available on this Web site, subject to these Terms of Use. By accessing this Web site, you acknowledge that you have read, understand, accept and agree to be bound by these Terms of Use. If you do not understand, accept or agree to be bound by these Terms of Use, you should immediately exit this Web site.

Copyright Notice and Limited Authorization

Everything on this Web site, including material accessible through the Extranet Login, is protected by copyright. The copyrights are held by Kindsight (“Kindsight Materials”) or third parties (“Third Party Materials”) and are designated as such. You may view, copy and print only the Kindsight Materials and only if (1) you are using the Kindsight Materials for informational purposes; and (2) the Kindsight Materials you use retain the Kindsight copyright notice.

You may not distribute any Kindsight Materials that you are authorized to view, copy or print unless (1) the distribution is limited to a small number of individuals within your company or organization, and (2) the Kindsight Materials are not identified as containing confidential or proprietary information.  Absent written authorization from Kindsight or an authorized third party, you may view but not copy or print any Third Party Materials.

Privacy Statement

The Kindsight Privacy Policy for www.kindsight.net is an integral part of these Terms of Use.  By accepting these Terms of Use, you acknowledge that you also have read, understood and accepted the Kindsight Privacy Policy for www.kindsight.net.

Trademarks

Kindsight and the Kindsight logo are trademarks of Kindsight, Inc. All other trademarks are the property of their respective owners.

This product or service is not associated with Robert Zuckerman or the Kindsight® photography series.

Warranty Disclaimer

While Kindsight attempts to provide accurate information on this Web site, it assumes no responsibility for any inaccuracy. Kindsight may change the information and/or materials available at this Web site, or the products and services mentioned, at any time and without prior notice. Kindsight does not warrant that the functioning of this Web site will be uninterrupted or error free, that defects will be corrected, or that this Web site, or the server that makes it available, are or will be free of viruses or bugs.

Information and/or materials on this Web site are provided “AS IS” and do not constitute a warranty of any kind, either expressed or implied. Kindsight disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. Except where prohibited by law, this disclaimer includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.

Limitation of Liability

Neither Kindsight nor any of its affiliates, subsidiaries, parent or sister companies, or their respective directors, employees or other representatives, will be liable for any direct, indirect, special, incidental, punitive and/or consequential damages arising out of the use, or the inability to use, the information and/or materials on this Web site. This limitation of liability includes, but is not limited to, loss of data, loss of revenues, loss of savings, loss of business, loss of reputation, loss of profits and/or any economic loss in connection with the furnishing, performance, or use or inability to use this Web site or reliance on the information and/or materials contained in this website, even if Kindsight is advised of the possibility of such losses.

Indemnification

You agree to defend and indemnify the Kindsight and/or its respective owners, suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (1) your breach of these Terms of Use or the documents referenced herein; (2) your use of this Web site and violation of any law or the rights of a third party; or (3) your use of this Web site or any of the Kindsight services.

Access Controls

Access to the Extranet Login portion of our Web site is limited to authorized individuals who have received a username and password from Kindsight. Any attempt to access the Extranet Login without appropriate authorization from Kindsight, to allow others to use a username and password without appropriate authorization from Kindsight, or to distribute to unauthorized personnel materials accessible through the Extranet Login, is prohibited.

Termination of Use

Kindsight may, at its option, terminate, without notice and with or without cause, any person or entity’s access to this Web site, without prejudice to Kindsight’s right to make a claim of compensation for damages.  Any person or entity may terminate its agreement to comply with these Terms of Use by notifying Kindsight via e-mail at webmaster@kindsight.net. Any such termination shall preclude that person or entity from subsequently accessing the Kindsight Web site and shall have no effect on the provisions in these Terms of Use governing warranties, limitations on liability and indemnification.

Links

Although this website may contain links to third party Web sites, Kindsight is not responsible for the content of any such third party linked Web sites. Kindsight provides these links as a convenience and does not endorse the companies or content of any linked Web sites.

Modifications

Kindsight reserves the right to change these Terms of Use at any time without prior notification, and, by accessing the Kindsight Web site, you agree to be bound by any such changes. You therefore should examine these Terms of Use each time you access our Web Site to determine whether changes have been made.

Governing Law and Forum

Any dispute arising under these Terms of Use shall be construed in accordance with the laws of the Province of Ontario, Canada. Any action brought in connection with such a dispute shall be resolved by the courts of the Province of Ontario, Canada.

General

Kindsight’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.

If any part of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

These Terms of Use, together with any other terms and conditions referenced herein, including the Kindsight Privacy Policy for www.kindsight.net, constitutes the entire agreement between you and Kindsight with respect to your use of this Web site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Kindsight with respect to this Web site.

Any rights not expressly granted herein are reserved.

Comments/Questions

If you have any comments or questions about these Terms of Use, please email them to webmaster@kindsight.net.