1. Registration and Use.
Welcome to KNK Marketing Group Inc. (“KNK”) pre-owned and new motor vehicle historical data storage and retrieval service (“Service”). KNK shall provide you with KNK Service under the terms and conditions embodied in this Agreement (the “Agreement”). KNK may, from time to time, notify you of changes or additions to this Agreement, and your continued use of KNK Service after KNK so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow other individuals to use the enclosed login name or password to access your KNK Service account (the “Account”) without prior written approval from KNK and you may not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING KNK SERVICE. BY USING THE ENCLOSED LOGIN NAME AND PASSWORD TO ACCESS KNK SERVICE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND KNK SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM KNK SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS.
2. Fees and Payment.
Regardless of whether or not you use the service, KNK will charge you standard monthly fees for your KNK Service account. Any and all charges will appear on your monthly credit card statement. KNK Service charges may vary from time to time, depending on the length of time you are logged on to KNK Service in any given calendar month, as well as on other factors. KNK reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, KNK will give you reasonable notice of such change. From time to time, KNK may add or modify certain services relating to KNK Service, and KNK reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account.
3. Uncensored Access.
YOU UNDERSTAND THAT KNK PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. KNK EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS. IN NO EVENT SHALL KNK BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH KNK SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. KNK DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THIS KNK SERVICE SITE.
Termination of Service.
You may terminate your Account by clicking button ‘terminate my account’ on the user dashboard, but you will remain liable for all charges accrued until your password has been deactivated, including full monthly charges for the month during which the Termination Date occurred. KNK may modify, suspend or terminate this Agreement or the Account at any time and for any reason without prior notice to you and without refunding any fees you have paid to KNK. KNK reserves the right to require you to change your login name or password, and to delete any or all program or data files associated with the Account upon termination of this Agreement.
5. Disclaimers of Warranty.
KNK SERVICE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF KNK SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF KNK SERVICE. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANT ABILITY OF ALL MERCHANDISE, PROVIDED THROUGH KNK SERVICE. NEITHER KNK, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO KNK SERVICE OR ANY INFORMATION OR SERVICE PROVIDED THROUGH KNK SERVICE, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS TITLE, NONINFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED THROUGH KNK SERVICE. KNK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability
KNK WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH KNK SERVICE, OR YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON KNK SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF KNK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL KNK’S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR KNK SERVICE EXCEED THE GREATER OF KNK SERVICE CHARGES INCURRED BY YOU DURING THE ONE (1) MONTH(S) IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION OR FIFTY DOLLARS ($50.00).
You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 4 of this Agreement.
Your communications with and through KNK Service will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, KNK will attempt to preserve the confidentiality of such communications. However, you agree that KNK has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. KNK has no obligation to monitor KNK Service. However, KNK reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. You understand and agree that, unless you notify KNK to the contrary in writing, KNK may publish your name and other information in directories which may be accessed by third parties.
8. System Rules.
You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by KNK, may result in KNK terminating this Agreement and your Account. You agree to the following rules: (I) except as otherwise provided herein, you will not disclose to others your password or allow your Account be used by anyone except yourself, (II) you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without specific permission from KNK; (III) you will not use our Service to commit a crime, or to plan, encourage or help others to commit a crime; you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Service, nor will you decompile, reverse engineer, disassemble or unlawfully use the Service or portions thereof, nor will you assist any person or entity in any way in these activities; (IV) you will not interfere, in any way, with others’ use of or access to the Service and will not attempt to gain unauthorized access to the computer system of KNK, including any use or attempted use by you of another person's password and account information; (V) you will not provide to KNK any false information, or to otherwise take any other action in connection with your use of the Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the Service; (VI) you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, mine, extract, screen scrape or use the Service, or any portion thereof; (VII) you will not take any other action that imposes an unreasonable or disproportionately large load on the Service; (VIII) except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, download, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Service or any portion thereof, without the prior written permission of KNK.
You agree to defend and indemnify and hold harmless KNK and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses claims, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or nature of the cause of action.
10. Proprietary Rights.
By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, “Communications”) with or through KNK Service, you are granting to KNK a perpetual, worldwide license (the “License”) to use, copy, modify, adapt or document such Communications. KNK shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The License does not, however, grant KNK any ownership rights in or to your Communications. You shall have no recourse against KNK for any alleged or actual infringement of any proprietary rights to which you may claim ownership. KNK or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. KNK’s ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our suppliers own, or (ii) any service, information or materials supplied by a third party content provider and which you may access through KNK Service.
This Agreement constitutes the entire agreement between KNK and you with respect to the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in U.S. District Court for Eastern District of New York. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You may not assign this Agreement or your rights or obligations hereunder without the prior written consent of KNK.