TERMS OF USE

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY KENNA Inc. BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEB SITE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY KENNA AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES; YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO DETERMINE THE CURRENT TERMS OF USE TO WHICH YOU ARE BOUND.

Access To This Web Site
To access this Web Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Web Site that all the information you provide on this Web Site will be correct, current, and complete. If KENNA believes the information you provide is not correct, current, or complete, KENNA has the right to refuse your access to this Web Site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use
You may use this Web Site for purposes expressly permitted by this Web Site. You may not use this Web Site for any other purpose, including any commercial purpose, without KENNA’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this Web Site, or (ii) frame this Web Site, or (iii) hyper-link to this Web Site, without the express prior written permission of an authorized representative of KENNA. For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web Site or content accessible within this Web Site. You agree to cooperate with KENNA in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information
The material and content accessible from this Web Site, and any other World Wide Web Site owned, operated, licensed, or controlled by KENNA (the “Content”) is the proprietary information of KENNA or the party that provided the Content to KENNA, and KENNA or the party that provided the Content to KENNA retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KENNA, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates KENNA’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Web Site.

Hyper-Links
This Web Site may be hyper-linked to other Web Sites which are not maintained by, or related to, KENNA. Hyper-links to such Web Sites are provided as a service to users and are not sponsored by or affiliated with this Web Site or KENNA. KENNA has not reviewed any or all of such Web Sites and is not responsible for the content of those Web Sites. Hyper-links are to be accessed at the user’s own risk, and KENNA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Web Sites hyper-linked to this Web Site. Further, the inclusion of any hyper-link to a third-party Web Site does not necessarily imply endorsement by KENNA of that Web Site.

Submissions
You hereby grant to KENNA the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KENNA through this Web Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KENNA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KENNA operations.

KENNA will treat any personal information that you submit through this Web Site in accordance with its Privacy Policy.

Disclaimer
You understand that KENNA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Web Site for the reconstruction of any lost data. KENNA does not assume any responsibility or risk for your use of the Internet.

Information on this Web Site is not promised or guaranteed to be correct, current, or complete, and this Web Site may contain technical inaccuracies or typographical errors. KENNA assumes no responsibility (and expressly disclaims responsibility) for updating this Web Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Web Site.

USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. KENNA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, KENNA MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability
IN NO EVENT WILL KENNA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GRAVITANT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Indemnity
You will indemnify and hold KENNA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Web Site.

Trademarks
Trademarks, service marks, and logos appearing in this Web Site are the property of KENNA or the party that provided the trademarks, service marks, and logos to KENNA. KENNA and any party that provided trademarks, service marks, and logos to KENNA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Web Site.

Security
Any passwords used for this Web Site are for individual use only. You will be responsible for the security of your password (if any). KENNA will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KENNA considers insecure, KENNA will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KENNA reserves the right to release your details to system administrators at other Web Sites in order to assist them in resolving security incidents. KENNA reserves the right to investigate suspected violations of these Terms of Use.

KENNA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KENNA to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GRAVITANT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KENNA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KENNA OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and KENNA arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Austin, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Web Site will govern the items to which they pertain. KENNA may revise these Terms of Use at any time by updating this posting.

Last updated: 11/30/11.
© 2010 KENNA Inc. Consulting