This version in effect since December 1, 2010.
This is an agreement (the "Agreement") between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity or organization) and Kunekt Corporation ("Kunekt"), and governs your access to and use of the Kunekt website and the content, information and services provided on or through the website, including all on-line tools (including applications and calculators) available on or through the website (collectively the "Website"). This Agreement also provides benefits to Kunekts affiliates, service providers, suppliers and sub-contractors (collectively, "Affiliates and Providers").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.
The Website may be accessed and used only by individuals located in the United States and Canada who have reached the age of majority in their jurisdiction of residence, can form legally binding contracts under applicable law, and have accepted this Agreement. The Website is not intended for persons resident or located in any jurisdiction outside of the United States and Canada. Persons using the Website must comply with all applicable laws. Kunekt may in its discretion refuse permission to access and use the Website.
If you are located outside of the United States and Canada and you choose to access and enter this Website, you are advised that it may not be legal in that jurisdiction for you to access or use the facilities available on this Website and the legal requirements of that jurisdiction may prohibit you from dealing or otherwise transacting in that jurisdiction.
The products and services of Kunekt and the Affiliates and Providers referenced on the Website are available only in certain jurisdictions in the United States and Canada. These products and services are not intended for or available to persons resident or located in any jurisdiction outside of the United States and Canada. More details may be found elsewhere in this Agreement.
You agree that any of the products or services provided to you by any Kunekt member, Affiliate or Provider will be deemed to be provided in the jurisdiction within which the member, Affiliate or Provider providing the product or service is authorized to operate.
Kunekt reserves the right to make the final determination on whether or not you are eligible for any particular product or service.
Notwithstanding any other terms in any agreements you have with Kunekt, Kunekt may, in its sole discretion, change, supplement or amend this Agreement from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting a revised agreement on the Website. Each time you use the Website, you should check the date of this Agreement (which appears at the top of this Agreement) and review any changes since the last version. By using the Website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not use the Website. You may not change, supplement, or amend this Agreement in any manner.
This Agreement is in addition to and supplements any other written agreements that you or any persons you represent have with Kunekt or any Affiliates and Providers (now or in the future) concerning your dealings with Kunekt or the Affiliates and Providers generally. Kunekt products and services (including Internet Financial services) available and/or referenced on the Website may be subject to the applicable agreements governing their supply and use (the "Service Agreements"). If there is any inconsistency or conflict between the provisions of this Agreement and the provisions of a Service Agreement, this Agreement will govern in respect to the matters covered in section 4 above, and the applicable Service Agreement will govern in respect to all other matters.
Except for Internet Financial Services, On-Line Applications and On-line Requests, the Website is for informational or general illustrative purposes only. The Website is not guaranteed to be accurate, complete, or timely. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer, solicitation, or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should obtain appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Website.
Certain portions of the Website relating to on-line transactions ("Internet Financial Services") may be accessed only by Kunekt customers who have agreed to be bound by the applicable Internet Financial Service Agreement and to whom a personal access number and password have been issued or chosen.
The Website also allows users to complete and submit applications for Kunekt products and services ("On-line Applications"), and to request specific types of information from Kunekt ("On-line Requests"). On-line Applications and On-line Requests may only be made using appropriate application forms available through the Website, and not through email.
Except for Internet Financial Services, On-line Applications and On-line Requests, the Website is established solely for the distribution of information by Kunekt where permitted by law, and may not be used by you or any other person for any transactions or to provide instructions or information to Kunekt or any other person regarding any matter. Additional details regarding market commentary may be found elsewhere in this Agreement.
All information you provide through the Website, including your legal name, residential address, email address, and information relating to Internet Financial Services transactions, On-line Applications and On-line Requests, must be true, accurate, current and complete. Kunekt will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Kunekt or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
You authorize Kunekt to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Affiliates and Providers and Kunekt employees and representatives by means of the Website, email or other communications (when you have consented to the disclosure of such communications); and (c) respond to your communications by means of Internet communications, email or other communications.
Communications you send to Kunekt by means of the Website are not effective unless and until they are processed by the responsible Kunekt representative. Kunekt may refuse to process any communications sent to Kunekt by means of the Website, or may reverse the processing of any communications sent to Kunekt by means of the Website, at any time in Kunekts discretion, and without any notice or liability to you or any other person, including without limitation if: (a) Kunekt cannot process the communications; (b) the communications violate any provision of this Agreement or any other agreement that you or any other person may have with Kunekt; (c) Kunekt considers that the communications may conflict with any other instructions from or agreements with you or any person you represent; (d) there is an operational failure or malfunction in connection with the transmission of the communications; or (e) if completion of the communication could violate any company policies or procedures or any law, regulation, rule, standard or guideline of any governmental authority to which Kunekt or any of its Affiliates or Providers is subject.
Kunekt uses data encryption and firewalls to maintain the security of the information it receives through the Website. Nevertheless, security and privacy risks cannot be eliminated. As a further security precaution, you must access and use the Website using commercially available browser software (such as a current version of NetscapeTM or Internet ExplorerTM) that provides 128-bit encryption and SSL (Secure Sockets Layer) technology, and you may not use your browser softwares "save password" feature. Once you have initiated a session in connection with the Website, you must not leave the computer from which you have accessed the Website unless and until you have terminated the session and logged off the Website. When you complete a session, you are responsible for clearing your browsers cache or temporary internet files to ensure your personal information is not accessible by others.
Emails and Internet communications are not secure or confidential unless properly encrypted. Consequently, Kunekt discourages the use of email to send personal or financial information to Kunekt. Persons that use emails and Internet communications for those purposes do so at their own risk, and Kunekt and the Affiliates and Providers will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email or the Internet to communicate with Kunekt or the Affiliates and Providers, or the use of email or the Internet by Kunekt or the Affiliates and Providers to communicate with you or other persons at your request.
Certain parts of the Website, including portions of the Internet Financial Services system may be located outside of the United States and Canada. The information you submit through the Website may be stored inside or outside of the United States and Canada. Information stored in the United States is subject to US law, information stored in Canada is subject to Canadian law, and information stored outside of the United States and Canada is subject to the laws of the jurisdiction in which the information is stored. Kunekt may be required to disclose your information to third parties in accordance with applicable laws.
Kunekt endeavours to provide accurate information on and through the Website, but errors may occur and information may become out of date. Kunekt does not guarantee the accuracy, completeness, or timeliness of the information available on or through the Website. Kunekt may in its discretion change the information available on or through the Website at any time and from time to time without any notice or liability to you or any other person. You may obtain complete and up-to-date information regarding Kunekt products and services by contacting Kunekt.
All references in the Website to currency are to the lawful money of the United States, unless expressly stated otherwise. Interest rates indicated on the Website are provided by third parties and are subject to change without prior notice.
Kunekt and the Affiliates and Providers do not accept any liability for your access to and use of the Website. For that reason, the following provisions apply to your access to and use of the Website.
All Rights Reserved. The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, on-line tools, calculators, models, data, and other elements available on or through the Website are the property of Kunekt, the Affiliates and Providers and others, and are protected by United States, Canadian and international copyright, trademark, and other laws. Your access to and use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Kunekt. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.
The Website may be used only for lawful, personal, and non-commercial purposes. You may print the pages of the Website for your lawful, personal, and noncommercial use, provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
The content and information contained on the Website or delivered to you in connection with your use of the Website is the property of Kunekt and any applicable third parties. Kunekt retains all proprietary rights in and arising out of the Website. The trade-marks, trade names and logos (the "Trademarks") that are used and displayed on the Website include registered and unregistered Trademarks of Kunekt and other third parties. Nothing on the Website will be construed as granting any license or right to use any Trademarks displayed on the Website. Users are prohibited from using any Trademarks without written permission of Kunekt or such other applicable third parties.
The Website may include advertisements for, information about, or links to, other businesses or Internet sites or resources operated by other persons (collectively "Other Businesses and Sites"). Other Businesses and Sites are independent from Kunekt, and Kunekt has no responsibility or liability for or control over Other Businesses and Sites or the information, goods or services available from or through those Other Businesses and Sites. Links to Other Businesses and Sites are provided solely for your convenience. Unless otherwise indicated, Kunekt does not sponsor, endorse or approve any Other Businesses and Sites, or the information, goods or services available from or through those Other Businesses and Sites. Your dealings with, access to and use of Other Businesses and Sites is at your own risk, and you will not make any claim against Kunekt arising out of your access to or use of any Other Businesses and Sites. As between you and Kunekt, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, and Liability Limitation apply, with all necessary modifications, to your dealings with, access to and use of any Other Businesses and Sites and the information, goods or services available from or through those Other Businesses and Sites.
Links to the Website without the express written permission of Kunekt are strictly prohibited. Kunekt reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.
You may not use chat or annotation technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website
If you breach any provision of this Agreement, you may no longer use the Website. Kunekt may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website; all without any notice or liability to you or any other person. If your permission to access or use the Website is terminated by Kunekt or if you cease using this Website because you no longer want to comply with the terms of this Agreement, this Agreement and all other then existing agreements between Kunekt and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising there from.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the State of Nevada, United States and applicable federal laws of the United States, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any dispute between Kunekt and you or any other person arising from, connected with, or relating to the Website, this Agreement, access to or use of the Website, or any related matters ("Disputes") must be resolved before the Courts of the State of Nevada, United States sitting in Carson City, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all Disputes. Any proceeding regarding a Dispute must be commenced in a court of competent jurisdiction in Carson City, Nevada, United States within six (6) months after the Dispute arises, after which time any and all proceedings regarding the Dispute are barred.
If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
No consent or waiver by any party to or of any breach by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
The provisions of this Agreement will enure to the benefit of and be binding upon Kunekt and the Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Kunekt, which may be withheld in Kunekts discretion. Kunekt may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
Kunekts records regarding your access to and use of the Website and any transactions or communications through the Website or email are, unless shown to be wrong, conclusive evidence of your access to and use of the Website and of the communications. You agree not to object to the admission of Kunekts records as evidence in any legal proceeding on the ground that the records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.
Notwithstanding any other provision of this Agreement to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 13 (Disclaimer, Liability Exclusion, Liability Limitation); 14 (Ownership and Permitted Uses of the Website); 16 (Other Businesses and Sites); 18 (Postings), 19 (Termination of this Agreement & the Website); 20 (Governing Law & Dispute Resolution); and 21 (Other Matters).