Welcome to the website operated by Kiwiplan of 7870 E Kemper Rd, Suite 200, Cincinnati, OH 45249 (“Kiwiplan”, “we” or “us”). This website (the “Website”) provides general information about the Company and its products, free of charge to users in the United States.
- USE OF THE WEBSITE
- COPYRIGHT RESTRICTIONS/USE OF CONTENT
- DEALINGS WITH MERCHANTS
- LIABILITY OF THE COMPANY AND ITS LICENSORS
- SUBMISSION & PROTECTION OF PERSONAL INFORMATION
- COMMENTS AND SUBMISSIONS
- LINKS TO OTHER SITES
- US GOVERNMENT USERS
USE OF THE WEBSITE
You agree to use the Website only for lawful purposes:
a. Specifically you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
b. Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to the Company the right to use all content you upload or otherwise transmit to the Website in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
c. The Company reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Website which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user’s access to all or part of the Website. However, the Company can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
d. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Website without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any information or material in the Website are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Website, (ii) access to the Website, or (iii) use of the Website or of any services or materials available through the Website.
The Company name and the Company logo and all trademarks, service marks, trade names, designs and slogans are trademarks or registered trademarks of the Company or it’s affiliates. You may not use such marks without the Company’s prior written permission.
DEALINGS WITH MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Website, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Website.
LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO THE COMPANY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you to or through the Website will become the Company’s property, and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes.
LINKS TO OTHER SITES
The Website may contain links to other websites on the Internet. The Company is not responsible for and does not endorse the content, products or services of any third party websites, including, without limitation, sites framed within the Website or third party advertisements, and the Company does not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.
US GOVERNMENT USERS
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
The owner of the Website is based in the State of Ohio, USA. The Company makes no representation that materials in the Website are appropriate or available for use in other locations. If you access the Website from other locations, you are responsible for complying with local laws.