PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER,
LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS
WEB SITE OR USING OUR OTHER SERVICES. By using our Web site or other
services, you agree to the terms of this User Agreement. If you do not agree
to the terms of this User Agreement, you may not use our Web site or other
services. We reserve the right, at any time, to modify, alter, or update this
User Agreement, and you agree to be bound by such modifications, alterations,
or updates once they are posted on our Web site.
1. Legal Disclaimer
Kiemainc.net shall not be held responsible or liable for any actions taken,
either wholly or in part, based on the information provided on Kiemainc.net,
or for any loss, damage, expense or injury resulting from any transactions
conducted with any online merchant or other third party listed on BizRate.
The information, services, products, and materials contained in this Web site
or available through our other services, including, without limitation, all
text, graphics, and links, are provided on an "AS IS" basis. To the maximum
extent permitted by law, Kiemainc.net DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as
representations and warranties of title, non-infringement, freedom from
computer viruses, worms, and other operating problems, and implied warranties
arising from course of dealing or course of performance. Some states may not
allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. You may also have other legal rights that vary from state
to state.
In addition, since Kiemainc.net cannot verify all information provided by
online merchants and other third parties, and errors in gathering or
reporting such information may occur due to the large volume of merchants
with many different products and services, Kiemainc.net does not represent or
warrant that the information accessible via our Web site or other services is
always accurate, complete or current, and shall not be liable for or
responsible to honor (or to cause any merchant to honor) any erroneous
information regarding the price, description and availability of, or any
discounts, offers, promotions and coupons relating to, any product or service
offerings available on our Web site or through our other services.
Furthermore, due to the dynamic nature of online shopping, all information
regarding such matters is subject to change without notice. Kiemainc.net
SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE,
EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION
OBTAINED FROM OR THROUGH Kiemainc.net'S SERVICES OR YOUR USE OF ANY THIRD
PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our Web
site or other services.
2. Liability Limitations
In no event shall Kiemainc.net or its affiliates or agents (the "Kiemainc.net
Parties") be liable, whether in an action under contract, negligence, or any
other theory, arising out of or in connection with the use, inability to use,
or performance of the information, services, products, and materials
available from this Web site or through our other services, in an amount
greater than the lower of (i) the price of the merchandise or service
involved in the transaction or proposed transaction as to which one or more
Kiemainc.net Parties is held to be negligent or otherwise responsible, or
(ii)if no such merchandise or service is involved, or if the value thereof
would exceed $100, then a maximum liability limitation of $100 in the aggregate.
You and we agree that this is a fair allocation of risk based upon the manner
and cost by which Kiemainc.net's services are provided to you, and taking
into account your ability to take other measures or consult other resources
in connection with purchasing goods and services online. FURTHERMORE, IN NO
EVENT SHALL THE Kiemainc.net PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have
been previously advised of the possibility of such damages. These limitations
shall apply notwithstanding to any failure of essential purpose of any
limited remedy. Some states may not allow the exclusion or limitation of
liability for consequential or incidental damages, so the above limitations
may not apply to you.
3. Third-Party Sites
Our Web site, surveys, or other services may include links to other sites on
the Internet that are owned and operated by online merchants, survey
incentive vendors, and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or Webmaster
for those third-party sites if you have any concerns regarding such links or
the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therefor.
In certain areas on our site, we may join forces with a reputable third-party
source of specialized information and other content so that you can quickly
and easily make informed decisions about such products and services. In each
of these areas, the Kiemainc.net header will note that the services
are "Powered by" or "By" the third-party. This indicates that the content
resides on the third party's servers and your use of those services is
governed by that company's privacy policies and terms of use, which you can
access at the bottom of each page in those areas. We recommend that you
always review their privacy policies and terms of use before you complete any
transaction with them. This User Agreement (but not our privacy policies)
also apply as between you and Kiemainc.net with respect to your use of those
third-party services accessed through our site.
4. Dispute Resolution
We will do our best to resolve any problems or issues that you may have with
us or our services in a satisfactory manner. If, however, we are unable to
reach a mutually satisfactory resolution, each of us agrees that any claim or
controversy between us, or arising in any way out of the use or operation of
our Web site or other services, or any information, services, products, and
materials contained in this site or available through our other services,
shall be resolved by binding arbitration before a single arbitrator of the
American Arbitration Association (AAA) in Los Angeles, California, under the
rules and procedures of the AAA. Any such dispute or controversy shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitrator
shall have authority to resolve all matters in dispute between us (subject to
the legal disclaimer and liability limitations set forth above), including
the applicability, scope and binding effect of this arbitration agreement,
and to award arbitration costs and expenses to the prevailing party as
determined by the arbitrator. Notwithstanding the foregoing, either party may
pursue preliminary or injunctive remedies in an appropriate state or federal
court sitting in Los Angeles, California pending the decision of the
arbitrator, without waiving the right or affecting the obligation to
Kiemainc.net hereunder.
5. Other Terms
Our Web site and other services are operated and provided in the State of
Georgia, USA. As such, we are subject to the laws of the State of
Georgia, and such laws will govern this User Agreement, without giving
effect to any choice of law rules. We make no representation that our Web
site or other services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site or other services,
you agree to do so subject to the internal laws of the State of Georgia.
You are in the best position to know whether your use of our site or other
services may be prohibited or restricted by local laws in your location, and
therefore are responsible for compliance with any such laws. We do not
guarantee continuous, uninterrupted or secure access to our Web site or other
services, and operation of our Web site or other services may be interfered
with or adversely affected by numerous factors or circumstances outside of
our control. This is the entire agreement and understanding between us
regarding the subject matter hereof, and may only be modified as provided
above. If any provision of this User Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any partially-
unenforceable provision) shall not be affected thereby and shall remain valid
and enforceable to the maximum permissible extent. You agree that this User
Agreement and any other agreements referenced herein may be assigned by
Kiemainc.net, in our sole discretion, to a third party in the event of a
merger or acquisition. This User Agreement shall apply in addition to, and
shall not be superseded by, any other written agreement between us relating
to your participation as a Kiemainc.net Member or participation in any other
program or service offered by Kiemainc.net. You agree that by accepting this
User Agreement, you are consenting to the use and disclosure of your
personally identifiable information and other practices.
6. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is © 2005-
2008 Kiemainc.net, with all rights reserved, or is the property of
Kiemainc.net and/or third parties protected by intellectual property rights.
Permission is granted to individual consumers to electronically copy and to
print hard copy portions of this Web site for the sole purpose of using this
site as a shopping resource. Any other use of materials on this Web site,
including reproduction for purposes other than those noted above,
modification, distribution, or republication, any form of data extraction or
data mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of Kiemainc.net is strictly
prohibited. Users agree that they will not use any robot, spider, other
automatic device, or manual process to monitor or copy our Web pages or the
content contained therein without prior written permission of an authorized
officer of Kiemainc.net.
Kiemainc.net.com® are registered service marks of Kiemainc.net. Kiemainc.net's
service marks/trademarks may not be used in connection with any product or
service that is not provided by Kiemainc.net, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
discredits Kiemainc.net.
All other trademarks displayed on Kiemainc.net's Web site are the trademarks
of their respective owners, and are not intended to imply any endorsement or
affiliation between Kiemainc.net and these companies.
Kiemainc.net disclaims any responsibility for the content of any third party
materials provided through or on our Web site or other services. We do desire
to respect all copyrights and to respond accordingly when notified of the
infringement of those rights. Therefore, and in compliance with 17 U.S.C. §
512, if you believe that any such third party materials infringe your
intellectual property rights, please contact the following agent to request a
review of the alleged infringement:
Webmaster
Kiemainc.net
info@kiemainc.net