These terms of use are entered into by and between you and KiFi. (the “Company”, “we”, “us”, or any similar terms). The following terms and conditions, together with any policies that they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the publicly available portions of www.kifi.co, including any and all publicly available content, functionality, and services offered on or through www.kifi.co (this “Site”), whether as a guest or a registered user. For purposes of these Terms of Use, “You” and “Your” mean any person or user who accesses the Site at any time and for any reason.
Please read these Terms of Use carefully before you start to use this Site. By using this Site, you agree to be bound and to abide by these Terms of Use, and you accept the terms of our privacy policy available at the bottom of this page. If you do not agree to these Terms of Use, you must not access or use this Site.
We reserve the right to revise and update these Terms of Use at any time, for any reason, and at our sole discretion. All changes are effective immediately when they are posted. You as the user are expected to check these Terms of Use occasionally so as to be aware of any changes as they are considered binding. Your continued use of this Site following the posting of any revised Terms of Use means that you accept and agree to the changes.
Additionally, certain terms and conditions may also apply to specific portions, services, or features of this Site, such as specific portions, services, and features that are not publicly available or that are restricted to authorized or registered users. Please be aware that where a portion of this Site carries different terms and conditions those terms and conditions (as opposed to these Terms of Use) shall govern the use of that portion of this Site.
Restrictions On Use
By accessing this Site you agree to abide by all applicable laws and regulations in your use of this Site. You also agree that you will not use any software, algorithm, device, routine, or script to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site.
Additionally, you agree that you will not register for an account on behalf of any individual other than yourself nor will you impersonate any other person or entity, nor will you falsely state or otherwise misrepresent your identity, age, or your affiliation with any person or entity. You further agree that you will not use or attempt to use another individual’s account without our authorization.
Intellectual Property Rights
This Site and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or licensed by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property laws and proprietary rights. We reserve the sole discretion and right to deny, revoke, or limit your use of this Site, including the reproduction of and/or use of any materials available through this Site.
Trademarks
Our name (KiFi), our logo, and all related names, logos, product names, and slogans are trademarks of the Company or our affiliates or licensors. You must not use such marks without first obtaining our written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of their respective owners.
Links from this Site
For your convenience, this Site contains links to other websites and resources that are provided by third parties. As we do not own or have any control over the content of these websites or resources we will accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not warrant that such websites and resources are free from any claims of copyright, trademark, or other infringement any third party’s rights. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of such websites.
Further, any and all statements and opinions expressed on any linked website or resource are solely the responsibility of the person or entity that operates, administers, or owns that particular website or resource and may not necessarily reflect our opinions, beliefs, or corporate values. We are not responsible nor are we liable to you or any third party for the content or accuracy of any materials provided by any third party, even those with links on our Site.
Accessing this Site
We reserve the right to withdraw, remove, or amend this Site and any services, resources, or materials provided on this Site at our sole discretion and without any additional notice. We will not be held liable if for any reason some, part, or all of this Site is unavailable at any time or for any period, however, we strive to keep this Site up and available at all times.
This Site is controlled, operated, and owned by KiFi from its offices within the State of Utah, USA. KiFi makes no representation that the Site or the Services provided by the Site are appropriate or available for use in other locations. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any laws or regulations which would subject the Company, its affiliates, employees, members, officers, or agents to any registration requirement within such jurisdiction or country.
Limitations of Liability
THE INFORMATION AND OTHER MATERIALS PRESENTED ON OR THROUGH THIS SITE ARE MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. YOU AGREE THAT YOUR USE OF THIS SITE, SERVICES, OR MATERIALS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIFI, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. FURTHERMORE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH MATERIALS. SHOULD YOU PLACE ANY RELIANCE ON THIS SITE OR THESE MATERIALS IT IS STRICTLY AT YOUR OWN RISK. THIS SITE AND THE MATERIALS THAT ARE PROVIDED THROUGH THIS SITE AND ANY LINKED THIRD-PARTY SITE OR RESOURCE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT WILL WE, OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE OR ANY OTHER SITE LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR NEGLIGENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law and Jurisdiction
All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law principle and any legal suit, action, or proceeding you bring arising out of, or related to, these Terms of Use or this Site shall be instituted in either the state or federal courts located in Utah County, Utah. By accessing this Site you waive any and all objections to the exercise of jurisdiction over you by such courts and/or to venue in such courts.
