All materials displayed or otherwise accessible through this Web site (collectively, "Content") are either owned by Applied Kinetics or used under license from the owners are protected by copyright. Any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Applied Kinetics or the owner, as the case may be.
Limitation of Liability.
Subject to applicable law, in no event shall Applied Kinetics, or its partners, employees, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Web site or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Applied Kinetics knew of or ought to have known of the possibility of such damages.
Disclaimer of warranties.
The Web site and the Content is provided "as is". While Applied Kinetics endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Web site and/or the Content including, without limitation, no representation or warranty that (i) the Web site or Content will be accurate, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Web site will be uninterrupted or error-free, (iii) that defects or errors in the Web site or the Content will be corrected, (iv) that the Web site will be free from viruses or harmful components, and (v) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that you are using the Web site at your own risk and liability.
Any information sent or received over the Internet is generally not secure. Applied Kinetics cannot guarantee security of any communication to or from the Web site.
APPLIED KINETICS is a trade mark of Applied Kinetics Inc. in Canada. Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Web site may constitute registered or unregistered trade marks of Applied Kinetics or third parties. While certain trade marks of third parties may be used by Applied Kinetics under licence, the display of third party trade marks on the Web site should not be taken to imply any relationship or licence between Applied Kinetics and the owner of said trade mark or to imply that Applied Kinetics endorses the wares, services or business of the owner of the said trade mark. AK ENGINEERING and AKENG are trade names of Applied Kinetics Inc. in the United States.
Governing Law and Jurisdiction.
The Web site is operated by Applied Kinetics from its offices within the Province of Ontario, Canada and is directed to consumers located in Canada. Applied Kinetics offers and performs its services in Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Web site.
Applied Kinetics may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Web site, at any time without notice. In the event of termination, you are no longer authorized to access the Web site or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Web site set out in this Agreement shall survive. Applied Kinetics shall not be liable to any party for such termination.
Except for any agreement in respect of Content, this is the entire agreement between you and Applied Kinetics relating to your access and use of the Web site and the Content herein.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.