free css templates

Legals

PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY KINETIC SOLUTIONS SOFTWARE, TECHNOLOGY, TRAINING MATERIALS, VIDEOS, OR OTHER PRODUCTS AND/OR SERVICES OR VIEWING ANY OTHER CONTENT FROM THE KINETIC SOLUTIONS - YOUR POTENTIAL IN MOTION PTY LTD (KINETIC SOLUTIONS ABN 61 155 423 644) WEBSITE.

By using any such products or services provided by Kinetic Solutions, Pty Ltd (“Kinetic Solutions”), you, as a customer and licensee of Kinetic Solutions, (hereinafter “Customer”) signify your assent to these terms. If you do not agree to this Customer License Agreement, please do not use the Kinetic Solutions Software, Technology, Training Materials, Videos, Products, and Related Resources.

By accessing and utilizing the Kinetic Solutions Website, software, technology, training materials, videos, products, and all related materials and services, Customer accepts, without limitation or qualification, the terms and conditions set forth below and acknowledge that any other agreements between you and Kinetic Solutions are superseded and of no force or effect:

1. Definitions
1.1. As used in this Agreement, the following terms shall have the following meanings:
1.2. “Agreement” shall mean this Customer License Agreement, as well as the Kinetic Solutions Website Terms and Conditions, the terms of which are incorporated herein by this reference.
1.3. “Kinetic Solutions® Technology and Service” means Kinetic Solutions' proprietary Website development, publishing, and e-commerce technology, tools, content and services which allows users to create, develop, enhance, market, publish, distribute, license, and sell specified Customer owned Websites and content; and shall include all Kinetic Solutions® Training Materials, Videos, Products, and Related Resources made available to Customer via the Kinetic Solutions Website and/or directly from Kinetic Solutions, as well as the Kinetic Solutions Website itself. The Kinetic Solutions® Technology and Service shall also include any and all new versions of the Kinetic Solutions® Technology and Service that Kinetic Solutions may release and/or make available to Customer in the future, as well as any updates, improvements, additions to and/or modifications to any of the foregoing that Kinetic Solutions may likewise release and/or make available to Customer in the future.
1.4. “Kinetic Solutions® Training Materials, Videos, Products, and Related Resources” means Kinetic Solutions' proprietary training materials, videos, products, and related resources, including all content, graphics, voice, and sound recordings, photos, documents, and text included therein, as well as all other related materials, services and products made available to Customer by Kinetic Solutions as part of any class or presentation, on its Website, or otherwise.
1.5. Documentation means any technical information and/or usage guidelines which is made available by Kinetic Solutions to the Customer with respect to the Kinetic Solutions® Technology and Service along with modifications and updates to such documentation, in either printed form or via the Kinetic Solutions Website. Any such guidelines, standards, and/or restrictions on Customer’s use of the Kinetic Solutions® Technology and Service shall be incorporated into this Agreement by this reference and shall be binding upon Customer as if set forth herein.
1.6.“Customer Website(s) and Products” means Customer owned and/or controlled Website(s) approved by Kinetic Solutions and for which Customer wishes to utilize the Kinetic Solutions® Technology and Service, as well as all content, services, and/or products of Customer wishes to promote, publish, distribute, license and sell thereon.
1.7. “Term” shall mean the time period that any specific Kinetic Solutions® Technology and Service and Kinetic Solutions® Training Materials, Videos, Products, and Related Resources may remain available to Customer as specified by Kinetic Solutions or, if no expiration date or term is specified by Kinetic Solutions, Term shall be as defined in Section 9.1 below.
2. License Grants; Ownership
2.1. License. Subject to the terms and conditions of this Agreement, Kinetic Solutions hereby grants to Customer a worldwide, royalty-free, nonexclusive, non-transferable, limited license during the Term, in conjunction only with the Customer Website(s) and Products, to use and operate the Kinetic Solutions® Technology and Service in accordance with the Documentation solely to develop, enhance and increase the functionality of those Customer Website(s) and Products and to thereafter market, promote, publish, distribute, license and sell the Customer Website(s) and Products. Subject to the terms and conditions of this Agreement, Kinetic Solutions hereby also grants to Customer a worldwide, nonexclusive, non-transferable, limited license during the Term, to install, view, and use, the Kinetic Solutions Training Materials, Videos, Products, and Related Resources via the Kinetic Solutions Website solely for use in conjunction with the Kinetic Solutions® Technology and Service and the Customer Website(s) and Products. Subject to the terms and conditions of this Agreement, Customer likewise grants to Kinetic Solutions a worldwide, royalty-free, nonexclusive, non-transferable, limited license during the Term, to use the Customer Website(s) and Products in conjunction only with the Kinetic Solutions® Technology and Service and solely to develop, enhance and increase the functionality of those Customer Website(s) and Products and to thereafter market, promote, publish, distribute, license and sell the Customer Website(s) and Products as provided herein.
2.2. Distribution and Sublicense Restrictions. The Kinetic Solutions® Technology and Service is licensed for use as part of the Customer Website(s) and Products only and Customer is not entitled to sublicense, share, utilize, or distribute the Kinetic Solutions® Technology and Service except as provided above. The Kinetic Solutions® Training Materials, Videos, Products, and Related Resources are licensed to Customer only and Customer is not entitled to sublicense, share, download, rebroadcast, publicly perform or distribute the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources, or any portion thereof, except as expressly provided above. Customer shall have no rights whatsoever to sublicense, distribute, market or otherwise exploit any Kinetic Solutions works, in whole or in part, as stand-alone products or in any manner except as part of the approved Customer Website(s) and Products.
2.3. Nonexclusivity. The licenses granted herein are nonexclusive. Accordingly, nothing in this Agreement shall be construed as limiting in any manner Kinetic Solutions' marketing or distribution activities or appointment of other dealers, distributors, Customers or agents.
2.4. Ownership. Notwithstanding anything else in the Agreement, Kinetic Solutions and its third party licensors retain (a) all title to, and, except as expressly and unambiguously licensed herein, all rights to the Kinetic Solutions® Technology and Service and the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources, all copies and derivative works thereof (by whomever produced) and all related documentation and materials, (b) all of their service marks, trademarks, trade names or any other designations and (c) all copyrights, patent rights, trade secret rights and other proprietary rights worldwide in the Kinetic Solutions® Technology and Service and the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources. Any efforts by Customer to copy, modify, distribute, transmit, display, broadcast, publicly perform, sell, sublicense, or create derivative works based upon any such works is strictly prohibited. Likewise, subject to Kinetic Solutions' rights in the Kinetic Solutions® Technology and Service and the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources as set forth herein, Customer shall own the copyright and all other intellectual property rights to the Customer Website(s) and Products.
3. Customer Representations and Obligations
3.1. Except as expressly and unambiguously provided herein, Customer represents, warrants and agrees:
3.1.1. not to include any material in the Customer Website(s) and Products that violates the copyright, patent, trademark, trade secret, name and likeness, and/or other rights of any third party;
3.1.2. not to include any material in the Customer Website(s) and Products that violates the right to privacy of any third party;
3.1.3. not to utilize, or to allow others to utilize, the Kinetic Solutions® Technology and Service or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources for any illegal purpose or that will violate any laws, regulations, and/or other rules in any jurisdiction in which Customer chooses to market the Customer Website(s) and Products;
3.1.4. to ascertain and comply with all applicable laws and regulations and standards of industry or professional conduct, including, without limitation, those applicable to local privacy laws (including GDPR), product claims, labeling, approvals, registrations and notifications;
3.1.5. to not by itself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources or Kinetic Solutions or other practices which may be detrimental to the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources or to Kinetic Solutions.
3.1.6. not to remove or alter any copyright or other proprietary notice from the Kinetic Solutions® Technology and Service or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources;
3.1.7. not to (a) rent, lease or otherwise provide temporary access to the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources except as provided above; (b) copy, alter or modify the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions Training Materials, Videos, Products, and Related Resources, except as provided above, or, (c) allow others to do any of the foregoing;
3.1.8. to keep Kinetic Solutions informed as to any problems encountered with the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources and any resolutions arrived at for those problems (collectively, “Resolutions”). Customer further agrees that Kinetic Solutions shall have any and all right, title and interest in and to any such Resolutions for the Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources, without the payment of any additional consideration therefor either to Customer, its employees, or agents; and,
3.1.9. to promptly notify Kinetic Solutions immediately if the Customer becomes aware of any unauthorized use of the whole or any part of the Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources by any third party.
3.2. Except as expressly and unambiguously provided herein, Customer further agrees that Customer shall be subject to the following requirements and that Customer shall perform the following obligations:
3.2.1. Customer’s Website(s), as well as all courses, services, products, content, and instructors offered through such Customer Website(s) and Products, shall all be subject to the approval of Kinetic Solutions. Kinetic Solutions reserves the right to approve or deny any such site, course, service, product, content, or instructor for any reason in Kinetic Solutions' sole discretion;
3.2.2. Customer shall be responsible for all content Customer submits or provides for publication via Kinetic Solutions® Technology and Service. Customer acknowledges that Customer owns or has all necessary licenses, rights, consents, permissions, and authority to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any such Customer works and/or content;
3.2.3. Customer shall be solely responsible for determining the fees Customer charges its customers and/or customers for use and/or access to the Customer Website(s) and Products;
3.2.4. All payments relating to and/or or arising from Customer Website(s) and Products shall be powered by Stripe or another third party provider as Customer may choose and thus all such transactions shall be subject to Stripe’s 2.9% + $0.30 merchant processing fee or such other fees or charges as Stripe or Customer’s other provider(s) may require; and
3.2.5. Once a particular Stripe account is connected to Customer’s use the Kinetic Solutions® Technology and Service and the account established by Customer in connection therewith, including to collect payments from Customer customers, Customer may not replace that account with a different Stripe account. Kinetic Solutions thus highly discourages Customer from using that Stripe account for any other purpose besides the Kinetic Solutions® Technology and Service. For this reason, we recommend creating a brand new Stripe account for the sole purpose of collecting payments for Customer’s Kinetic Solutions® Technology and Service and Customer’s account associated therewith.
4. Trademark License and Attribution
4.1. Trademark License.
4.1.1. Each party owns trademarks for their respective products and/or services, including, but not limited to the Customer Website(s) and Products and the Kinetic Solutions® Technology and Service and the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources. Such trademarks shall include, without limitation, all names, logos, designs and other designations or brands (collectively, “Marks”) used by each party in connection with their products and/or services.
4.1.2. Except as expressly set forth herein, each party shall grant the other party a nonexclusive, nontransferable, non-sublicensable license to refer to the granting party’s products and technologies using the associated Marks as set forth explicitly in this Agreement, provided that the Marks are (a) used only in the text of the relevant materials in the same type size and typeset as the surrounding text, (b) marked with the applicable ® or ™ notices, and (c) attributed to the appropriate party in an appropriate location in such materials.
4.1.3. Except as expressly provided herein, no license or other rights with respect to Marks of either party hereto is conferred upon the other party. Each party acknowledges and agrees that all use of the other party’s Marks shall inure to the benefit of the owner of such Marks.
5. Fees and Payment
5.1. Fees and Payment. Customer agrees to pay Kinetic Solutions the fees and other charges (collectively “Fees”) as set forth for each license granted herein (the “License Grant”). Customer shall be responsible for any fees or charges incurred to access the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources, including without limitation any costs associated with third party internet access providers, any bandwidth, data, or subscription charges, as well as any other third party service charges Customer may incur. In the event that either Kinetic Solutions® Technology and Service or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources are provided to Customer free of charge, the terms of this Customer License Agreement shall nonetheless apply. All fees shall be due in advance of the term covered (annually and/or monthly) and Kinetic Solutions shall have the right to terminate this Agreement and the License Grant for which payment is not received immediately should Customer fails to pay such fees in a timely manner.
5.1.1. All fees and charges incurred in connection with Customer’s account will be billed to the credit, debit or other payment card designated during the registration process and/or subsequently designated by Customer. Customer may change its card details by clicking its name in Customer’s “Settings” after logging on to the Kinetic Solutions Website. Customer grants Kinetic Solutions permission to debit Customer’s account for the amount indicated on or after the indicated dates.
5.1.2 All annual, monthly, or other plans will continue and renew automatically as Kinetic Solutions may specify, unless properly cancelled. Customer on an annual subscription is solely responsible for properly canceling Customer’s account by emailing Kinetic Solutions at billing@kineticsolutions.com.au or such other email as Kinetic Solutions may designate and satisfying all other conditions as Kinetic Solutions may reasonably require. Customer on a monthly subscription must manually process the cancellation of Customer’s account from within Customer’s account by going into the Billing section of the account settings and completely following the instructions to cancel.
5.1.3. If Customer initially signs up for a plan which includes a free or discounted trial period, and Customer does not cancel that account before the stated trial period expires, Customer will be billed for the full price of the plan starting on the day the trial period ends. If Customer cancels prior to the processing of its first invoice following the trial period, Customer will not be charged.
5.1.4. Any change (including any upgrade, downgrade or other modification) to any plan by Customer in a trial period will end the trial immediately. Customer will be billed for its first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, Customer’s credit, debit or other payment card will automatically be charged the new rate on Customer’s next billing cycle. Customer will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to Customer’s account, this credit will be used toward Customer’s next billing cycle(s). This credit will not be refunded.
5.1.5. Customer acknowledges and agrees that Customer’s use may be subject to certain bandwidth limitations and that any excessive use of bandwidth, as Kinetic Solutions may determine in its sole discretion, may result in decreased performance of the Kinetic Solutions® Technology and Service for Customer’s Website(s) and Products until such bandwidth use is decreased, may result in temporary suspension of Customer’s use and/or access to the Kinetic Solutions® Technology and Service for Customer’s Website(s) and Products until such bandwidth use is decreased; and/or may result in additional charges to Customer for such excessive use; all as Kinetic Solutions may reasonably require and to be determined in Kinetic Solutions' sole discretion, exercised reasonably and in good faith. Kinetic Solutions shall be entitled to bill any extra charges to Customer in Customer’s next billing cycle as provided herein.
5.1.6. User is responsible for any incurred foreign transaction fees, user credit card or bank fees, or differences and fluctuations in foreign exchange rates.
5.1.7. Customer shall be responsible for ensuring that all fees and charges owed to Kinetic Solutions are paid in a timely manner, as well as ensuring that all payment methods utilized by Customer remain up to date and working. In the event that any credit, debit or other payment card provided by Customer for payment of any such fees and/or charges, as well as any charge applied by Kinetic Solutions against any such card, is not honored, is reversed, or otherwise does not result in payment of Kinetic Solutions as provided herein, Customer shall remain liable for such fees and costs. All refunds shall be governed solely by the terms of this Agreement as provided below.
5.1.8. Any Customer who licenses the “Founders” plan shall entitled to a free Megaphone account. The free Megaphone account will remain free for as long as the Customer has an active “New” Kinetic Solutions account in good standing. It shall be Customer’s responsibility to sign up for this Megaphone account following the instructions given to them, with valid billing information. Customer will NOT be billed as long as their “New” Kinetic Solutions account remains in good standing. If a Customer wishes to have an existing Megaphone account made free, it shall be Customer’s responsibility to request this from billing@kineticsolutions.com.au. Refunds will NOT be issued for months paid prior to contacting us to request the conversion.
5.1.9. Any Customer who licenses the “Founders” plan shall be entitled to have their existing “Old” Kinetic Solutions account converted to free. The free “Old” Kinetic Solutions account shall remain free for as long as the Customer has an active “New” Kinetic Solutions account in good standing. It shall be Customer’s responsibility to request this from billing@kineticsolutions.com.au. Refunds will NOT be issued for months paid prior to contacting us to request the conversion.
5.2. Taxes. All Fees are payable in Australian dollars. All stated Fees are exclusive of any and all taxes, fees and duties, including without limitation any goods and services, value added tax and/or sales tax, and Customer is solely responsible for payment of such taxes (excluding taxes based on Kinetic Solutions’ net income).
5.3. Refunds. All Fees shall be subject to Kinetic Solutions’ refund policy as posted on the Kinetic Solutions Website, as it may be amended from time to time. All Fees shall be non-refundable thirty (30) days after payment thereof or thirty (30) days from the effective date of this Customer License Agreement, whichever is earlier. KINETIC SOLUTIONS SHALL HAVE THE RIGHT TO REFUSE ANY REFUND THIRTY (30) DAYS AFTER CUSTOMER’S PAYMENT FOR USE OF THE KAJABI® TECHNOLOGY AND SERVICE AND/OR THE KAJABI® TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES, REGARDLESS OF THE BASIS FOR CUSTOMER’S CLAIM FOR SUCH REFUND. In order to treat everyone equally, no exceptions will be made.
5.4. All Customers who purchased the “Founders” plan are entitled to a free Megaphone account. The free Megaphone account will remain free for as long as the Customer has an active New Kinetic Solutions account in good standing. It is the Customer’s responsibility to sign up for this Megaphone account following the instructions given to them, with valid billing information. Customer will NOT be billed as long as their New Kinetic Solutions account remains in good standing. If a Customer wishes to have an existing Megaphone account made free, it is the Customer’s responsibility to request this from billing@kineticsolutions.com.au. Refunds will NOT be issued for months paid prior to contacting us to request the conversion.
5.5. All Customers who purchased the “Founders” plan are entitled to have their existing “old” Kinetic Solutions account converted to free. The free “old” Kinetic Solutions account will remain free for as long as the Customer has an active New Kinetic Solutions account in good standing. It is the Customer’s responsibility to request this from billing@kineticsolutions.com.au. Refunds will NOT be issued for months paid prior to contacting us to request the conversion.
6. Warranty and Disclaimer
6.1. Warranties. Kinetic Solutions represents and warrants that (i) it has the power and authority to enter into this Agreement and to fully perform its respective obligations hereunder; (ii) this Agreement has been executed by its duly authorized representative; and (iii) it is under no contractual or other legal obligation which would interfere in any way with the full, prompt, and complete performance of its obligations pursuant to this Agreement. Kinetic Solutions further represents and warrants that (i) the Kinetic Solutions® Technology and Service and the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources are original, (ii) the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources do not infringe any copyright or trademark rights of any third party nor, to the best of Kinetic Solutions' knowledge, do they violate and patent rights of any third party, and (iii) Customer’s exercise of the license rights granted by Kinetic Solutions pursuant to this Agreement will not infringe any valid and subsisting patent, copyright or trademark rights owned by persons other than Customer.
6.2. Exclusions. This warranty does not extend to any Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources that is modified or altered, is not used in a manner consistent with Kinetic Solutions' recommendations. Furthermore, Kinetic Solutions does not warrant that the Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources will work with or support all software or media, and/or all versions of all such software or media. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Customer’s web service provider service, Customer’s software, Stripe payment services, and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN CUSTOMER AND THAT PROVIDER.
6.3. EXCEPT AS PROVIDED IN SECTION 6.1 (WARRANTIES) ABOVE, (A) THE KAJABI® TECHNOLOGY AND SERVICE AND THE KAJABI® TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES AND ANY SERVICES PROVIDED BY KINETIC SOLUTIONS HEREUNDER (“SERVICES”) ARE PROVIDED “AS IS” AND “WHERE IS” BY KINETIC SOLUTIONS AND ARE ACCEPTED AS SUCH BY CUSTOMER, (B) KINETIC SOLUTIONS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE KAJABI® TECHNOLOGY AND SERVICE AND/OR THE KAJABI® TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES, SERVICES AND DOCUMENTATION, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. KINETIC SOLUTIONS DOES NOT WARRANT THAT THE KAJABI® TECHNOLOGY AND SERVICE AND/OR THE KAJABI® TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES, DOCUMENTATION OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE KINETIC SOLUTIONS TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES AND (INCLUDING WHERE IN MACHINE-READABLE FORM) WILL BE UNINTERRUPTED OR ERROR FREE. KINETIC SOLUTIONS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE DATA CONTAINED IN THE KINETIC SOLUTIONS TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER AGREES THAT KINETIC SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES THAT CUSTOMER OR ITS CUSTOMERS MAY INCUR ARISING OUT OF THE USE OR INABILITY TO USE THE CUSTOMER PROJECT(S). THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT CUSTOMER WILL EARN ANY MONEY USING THE SITE OR THE KAJABI® TECHNOLOGY AND SERVICE AND/OR THE KAJABI® TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES. CUSTOMER ACCEPTS ALL RESPONSIBILITY FOR EVALUATING CUSTOMER’S OWN EARNING POTENTIAL AS WELL AS EXECUTING CUSTOMER’S OWN BUSINESS AND SERVICES. THE CUSTOMER’S EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE CUSTOMER’S OWN PRODUCTS, IDEAS, TECHNIQUES; THE CUSTOMER’S EXECUTION OF THE CUSTOMER’S BUSINESS PLAN; THE TIME THE CUSTOMER’S DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND/OR UTILIZED; AS WELL AS THE CUSTOMER’S FINANCES, KNOWLEDGE AND SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE CUSTOMER’S SUCCESS OR INCOME LEVEL.
7. Limitation on Liability
7.1. EXCEPT WITH RESPECT TO KAJABI’S OBLIGATIONS PURSUANT TO SECTION 8 (INDEMNIFICATION), IN NO EVENT SHALL KINETIC SOLUTIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE KINETIC SOLUTIONS TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT TO THE KINETIC SOLUTIONS TRAINING MATERIALS, VIDEOS, PRODUCTS, AND RELATED RESOURCES OR THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE OTHER PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. IN NO EVENT SHALL KAJABI’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO KINETIC SOLUTIONS DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO SUCH CLAIM.
8. Indemnification
8.1. Customer shall indemnify, defend and hold Kinetic Solutions and its affiliates, officers, directors, agents and employees harmless from any losses, liabilities, damages, costs or expenses, including reasonable attorney’s fees, arising from any third party claim or action arising out of (a) any claim that the Customer Website(s) and/or any other act or omission of Customer infringes the copyright, trademark, trade secret rights, and/or other proprietary rights of a third party; (b) any breach by the Customer of its obligations under this Agreement; or, (c) any unauthorized alteration, modification, adjustment or enhancement made by the Customer to the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources, provided (i) Customer is promptly notified of any and all threats, claims and proceedings related thereto, (ii) Customer shall have sole control of the defense and/or settlement thereof, and (iii) Kinetic Solutions provides Customer with reasonable assistance.
8.2. Kinetic Solutions shall indemnify, defend and hold Customer and its officers, directors, agents and employees harmless from liability resulting from any third party action or claim that the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources infringes any third party copyright, trade secret or trademark of any third party; provided, however, that (i) Kinetic Solutions is promptly notified of any and all threats, claims and proceedings related thereto, (ii) Kinetic Solutions shall have sole control of the defense and/or settlement thereof, (iii) Customer furnishes to Kinetic Solutions, upon request, information available to Customer for such defense, and (iv) Customer provides Kinetic Solutions with reasonable assistance. THE FOREGOING IS IN LIEU OF ANY WARRANTIES OF NON-INFRINGEMENT, WHICH ARE HEREBY DISCLAIMED.
8.3. The foregoing obligation of Kinetic Solutions does not apply to infringement claims pertaining to the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources (a) where the Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources is (i) modified by Customer (other than modifications made pursuant to express instructions from Kinetic Solutions), if the alleged infringement relates to such modification, (ii) combined with other processes or materials not supplied by Kinetic Solutions where the combination is the main cause of infringement; (iii) not used in accordance with this Agreement, to extent the claim of infringement arises from such use that is not in accordance with this Agreement; or (b) where Customer continues the allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement.
8.4. If the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources becomes subject to a claim of infringement for which Kinetic Solutions may become liable, Kinetic Solutions may at its option (a) obtain the right for Customer to continue using the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources; (b) replace or modify the Kinetic Solutions® Technology and Service and/or Kinetic Solutions® Training Materials, Videos, Products, and Related Resources to make it non-infringing, so long as the replacement or modification meets substantially similar specifications; or (c) terminate this Agreement.
9. Term and Termination
9.1. Term. Unless terminated earlier as provided herein, this Agreement shall commence upon Customer’s initial access to and use of the Kinetic Solutions® Technology and Service and shall remain in force for the time period or until the expiration date as specified by Kinetic Solutions or, if no such expiration date or time period is specified by Kinetic Solutions, until terminated or cancelled (see Section 5.1.2 above) as provided herein (“Term”).
9.2. Termination. In addition to any other Either Party may terminate this Agreement if the other party materially breaches this Agreement and such material breach is not cured within thirty (30) days of written notice describing the breach. Kinetic Solutions, in its sole discretion, also reserves the right to suspend or terminate Customer’s account and refuse any and all current or future use of the Kinetic Solutions® Technology and Service, for any reason at any time. Such termination of the Kinetic Solutions® Technology and Service may result in the deactivation or deletion of Customer’s account and/or Customer’s access to that account and/or Customer’s Website(s) and Products, and the forfeiture and relinquishment of all Customer’s Website(s) and Products maintained by Kinetic Solutions as part of Customer’s account and/or as part of Customer’s use of the Kinetic Solutions® Technology and Service. Kinetic Solutions reserves the right to refuse service to anyone for any reason at any time.
9.3. Effect of Termination/Expiration. Upon the expiration or termination of this Agreement: (a) all of Customer’s rights hereunder shall terminate and Customer shall immediately cease all use of the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources; (b) all unpaid amounts due as of the expiration or termination date shall immediately become due and payable; (c) within fifteen (15) days of the expiration or termination date Customer shall, at its own expense, and at Kinetic Solutions' sole option, either return all copies of the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources and all the Documentation in its possession or control, or, shall destroy all copies of the Kinetic Solutions® Technology and Service and/or the Kinetic Solutions® Training Materials, Videos, Products, and Related Resources and the Documentation in its possession or control.
9.4. Modifications to the Service and Prices.
9.4.1. Kinetic Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, use of the Kinetic Solutions® Technology and Service (or any part thereof) with or without notice.
9.4.2. Prices of the Kinetic Solutions® Technology and Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from Kinetic Solutions. Such notice may be provided at any time by posting the changes to the Kinetic Solutions Website or the Kinetic Solutions® Technology and Service itself.
9.4.3. Kinetic Solutions shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Kinetic Solutions® Technology and Service.
9.5. Survival. Sections 1 (Definitions), Section 2.4 (Ownership), Section 6 (Warranty and Disclaimer), Section 7 (Limitation of Liability), Section 8 (Indemnification), Section 9.3 (Effect of Termination), this Section 9.5 (Survival) Section 10 (Miscellaneous) shall survive the termination or expiration of this Agreement in accordance with their terms.
10. Miscellaneous
10.1. Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof.
10.2. Publicity and Press Releases. Customer acknowledges and agrees that Kinetic Solutions may use Customer’s Mark or the Mark identifying the Customer Project(s) solely for Kinetic Solutions' promotional, marketing or advertising purposes.
10.3. Severability. It is agreed that if any provision, or part of a provision, of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, then the parties shall use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the original provision and to allow the parties to have the intended benefit of their bargain. If it cannot be so reformed it shall be omitted. The balance of this Agreement shall remain valid and unchanged and in full force and effect.
10.4. Entire Agreement. This Agreement, together with its exhibits and attachments, constitutes the entire agreement and understanding between the parties relating to the subject matter hereof, supersedes all other agreements, oral or written, between the parties.
10.5. Assignment. This Agreement may not be assigned or sublicensed by Customer in whole or in part (by contract, merger, operation of law or otherwise) without the prior written consent of Kinetic Solutions. This Agreement shall be binding upon and ensure for the benefit of the successors in title of the parties hereto.
10.6. Headings. Headings to clauses in this Agreement are for the purpose of information and identification only and shall not be construed as forming part of this Agreement.
10.7. Governing Law/Dispute Resolution. Kinetic Solutions may modify and/or revise this Agreement from time to time by updating this posting. Customer acknowledges and agrees that Customer shall be bound by any such revisions and that Customer should therefore periodically visit this page to review the then current terms and conditions to which it shall be bound. The laws of the State of Queensland shall govern this Agreement. The parties hereby submit to the exclusive jurisdiction of the state and federal courts sitting in Queensland, Australia.
10.8. Force Majeure. Neither party shall be liable to the other for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power (including primary power and failure of backup systems).
10.9. No Third-Party Beneficiaries. No person not a party to this Agreement shall have or acquire any rights by reason of this Agreement nor shall any party hereto have any obligation or liability whatsoever to any such person by reason of this Agreement, except as otherwise expressly provided for herein.

Last Updated: May 23, 2018

Kinetic Solutions - Your Potential in Motion Pty Ltd, an Australian limited liability company, (the “Company”) respects the privacy concerns of the users of its website, www.kineticsolutions.com.au and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.
Please also review the Terms of Use at https://kineticsolutions.com.au/policies/terms/ which also govern use of this Site.
EU-U.S. Privacy Shield Participation: The Company participates in the EU-U.S Privacy Shield Framework (“Privacy Shield”), and has self-certified with the U.S. Department of Commerce that we adhere to the Privacy Shield Principles. The Company is committed to applying the Privacy Shield Principles to all personal information received from countries in the European Economic Area (EEA) in reliance on the Privacy Shield. To learn more about the Privacy Shield, visit the U.S. Department of Commerce’s Privacy Shield website.
Under the Privacy Shield, the Company is responsible for the processing of personal information it receives and subsequently transfers to a third party acting for or on its behalf. The Company is liable for ensuring that the third parties we engage support our Privacy Shield commitments.
The U.S. Federal Trade Commission has regulatory enforcement authority over the Company’s processing of personal information received or transferred pursuant to the Privacy Shield Framework.
To learn more about the Privacy Shield, visit the U.S. Department of Commerce’s Privacy Shield website.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.
The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Please also note that third-parties who provide and/or publish content via the Company’s Kinetic Solutions® Service shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Company’s Kinetic Solutions® Service (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third Party Content.

Children Age 16 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 16 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.
Kinetic Solutions nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
Know the sites your kids are visiting and which sites are appropriate.
Look for Website privacy policies. Know how your child’s information is treated.
Check out the FTC’s site for more tips on protecting children's privacy online
Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.
Kinetic Solutions uses the following cookies on the Site:
Cookie
Name
Purpose
_kjb_session
Kinetic Solutions session cookie
Tracks your active admin session so you don’t need to re-login
kjba
Kinetic Solutions affiliate token
Tracks which affiliate has referred an offer purchase
_abv
Admin bar hidden
Tracks whether the user wishes their admin previewing bar to be hidden
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at legal@kineticsolutions.com.au, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including Australia. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
Your Access to and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact Company to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify Company and the information will be corrected. To review the personally identifiable information that company has collected about you, please send an email to legal@kineticsolutions.com.au with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at legal@kineticsolutions.com.au with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, any Games, and/or any Services, please email us at legal@kineticsolutions.com.au with the words “Delete My Information” in the subject line.
You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how the Company may use your personal data, please contact us at legal@kineticsolutions.com.au with the words “Privacy Shield Request” in the subject line.
Your Australia Privacy Rights: Australia Civil Code Section 1798.83 permits Australia residents to request from companies conducting business in Australia a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of Australia and want additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at legal@kineticsolutions.com.au with the words “Australia Privacy” in the subject line of your email.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:
Via email: legal@kineticsolutions.com.au
or
Via regular mail:
Kinetic Solutions - Your Potential in Motion Pty Ltd
Attn: Privacy Policy/Legal
PO Box 794
Moffat Beach, Queensland 4551
Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us as provided above. If we have not addressed your Privacy Shield inquiry to your satisfaction, please contact our third-party dispute resolution provider – DMA Privacy Shield Program at: https://thedma.org/resources/consumer-resources/privacyshield-consumers/. Kinetic Solutions commits to cooperate with DMA for any unresolved data privacy shield inquiries. This is provided at no cost to you.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.
Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Last Updated: May 29, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Kinetic Solutions, Pty Ltd (which include kineticsolutions.com.au, newkineticsolutions.com.au, getoutcom.es, thinkfreelance.work) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. THE COMPANY CLAIMS NO OWNERSHIP INTEREST IN ANY VIDEOS, TRAINING MATERIALS, PRODUCTS AND/OR OTHER WORKS YOU MAY CHOOSE TO PUBLISH OR SELL VIA THE KAJABI® SERVICE OR THE SITE. You agree, however, that the Site itself, as well as all content, materials, services and products made available on the Site by us other third parties, as well as the look and feel of all of the foregoing , (collectively referred to as the “Content”) are maintained for your personal entertainment and information by Kinetic Solutions, Pty Ltd, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, classes, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. Except as provided in the Company’s Customer License Agreement (https://kineticsolutions.com.au/policies/license/), the terms of which are incorporated herein by this reference, no Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Kinetic Solutions and/or as provided in the Company’s Customer License agreement.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use and/or the Customer License Agreement.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Kinetic Solutions®”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The name and trademark “Kinetic Solutions®” is a registered trademark of the Company, registered in Australia.
The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at legal@kineticsolutions.com.au. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use or the Company’s Customer License Agreement. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the Queensland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Queensland, Australia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
16. Livechat terms of service. Livechat is generally available 8AM-6PM Pacific time, Monday through Friday. Livechat is not available if the Kinetic Solutions office is closed. At times Livechat may reach capacity and be unavailable due to heavy traffic. Livechat is available for primary technical support within the Kinetic Solutions app. Agents cannot answer coding or development questions, advanced troubleshooting, billing questions, or setup a custom domain via Livechat. Members may be banned without warning temporarily or permanently from Livechat for inappropriate language, misuse, or abuse of Livechat.

Last Updated: May 23, 2018

Kinetic Solutions, Pty Ltd, an Australian limited liability company, (“Kinetic Solutions”) makes every effort to ensure that all the products and services presented on this website as well as in all other promotional materials, and their potential to earn income, are presented fairly and accurately. There is, however, no guarantee that you will make these levels of income or any income at all.
As with any business, individual results will vary greatly, and will be based on your individual capacity, business experience, knowledge, expertise, and level of desire, as well as your hard work and execution of your individual business strategies. There are no guarantees concerning the level of success you may experience. The testimonials and examples presented on this website, as well as in any other promotional materials, are exceptional results. Such exceptional results do not apply to the average user and are not intended to guarantee that any other party will achieve the same or similar results.
There is also no assurance that examples of past earnings can be duplicated in the future. Kinetic Solutions cannot and does not guarantee your future results and/or success. As with any business, there are unknown risks that Kinetic Solutions cannot foresee which can and may reduce the success you might experience and/or the revenues you might achieve.
Each potential user of Kinetic Solutions’s programs, products, and services is advised to do his or her own due diligence when it comes to evaluating his or her earning potential utilizing Kinetic Solutions’s products and services. All information, programs, products and services that have been provided should be independently verified by your own qualified professionals. All disclosures and disclaimers made on Kinetic Solutions’s website and/or in any other materials provided to you apply equally to any offers, prizes or incentives that may be made by Kinetic Solutions.
You agree that Kinetic Solutions is not responsible for the success or failure of your business decisions relating to and/or your use of Kinetic Solutions’s programs, products and/or services. Kinetic Solutions cannot and does not make any guarantees about your ability to get results or earn any money with Kinetic Solutions’s programs, products and/or services.

By participating in the Kinetic Solutions® Partner Program, You have the opportunity to earn money from (i) commissions for Kinetic Solutions accounts that You sell to other users, and (ii) bonuses when you reach certain amounts of referred members. This Agreement sets forth Your rights and obligations as a participant in the Kinetic Solutions Partner Program.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. Your access to and use of this the Partner Program service, as well as all related materials provided to you in connection therewith (collectively the “Services”) shall subject to the following terms and conditions as well as those of the Kinetic Solutions® Customer License Agreement https://kineticsolutions.com.au/policies/license/ and the Kinetic Solutions® Privacy Policy https://kineticsolutions.com.au/policies/privacy/, the terms of which are incorporated herein by this reference, (together the “Agreement”) and all applicable laws. By participating in the Kinetic Solutions Partner Program and clicking “Accept” below, you are agreeing to the terms of this Agreement and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. PARTIES. All references to “Kinetic Solutions” herein shall mean Kinetic Solutions, LLC, as well as all affiliated entities, partners, employees, officers, ownership, representatives, and assigns. All references to “You” and “Your” shall refer the the party who has accepted this Agreement by clicking “Agree” and/or who otherwise participated in and enjoys the benefits of the Kinetic Solutions® Partner Program. Each may be referred to herein as a “Party” and collectively may be referred to as the “Parties.”
2. INDEPENDENT CONTRACTORS. The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or related entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
3. TERM AND TERMINATION. This Agreement between You and Kinetic Solutions shall begin upon Your acceptance of its terms and shall continue thereafter until terminated by either You or Kinetic Solutions as follows:
A. Kinetic Solutions may terminate this Agreement at any time if You breach any of the terms of this Agreement. Upon termination for Your breach, You shall forfeit all Commissions and Bonuses owed to You, either as of the date of termination or thereafter accruing. Any termination for fraudulent or other unacceptable behavior by You, including breach of Kinetic Solutions’ polices and terms of use, as determined by Kinetic Solutions in its sole discretion, may also result in one or more of the following actions being taken by Kinetic Solutions: (a) termination of Your affiliation with Kinetic Solutions in its entirety and termination of all services provided to you; (b) suspension of some or all Your privileges under the Partner Program; and/or (c) termination of Your account entirely without notice to, or recourse for, You; or,
Either you or Kinetic Solutions, or any successor or assign of Kinetic Solutions, in its sole and absolute discretion, may also cancel Your Agreement at any time with or without cause or for any reason in either Party’s sole discretion. Kinetic Solutions reserves the right to cancel or modify this Partner Program Agreement in its entirety, including all compensation, at any time. If a significant change is made to the Partner Program Agreement, including any material change to your compensation, Kinetic Solutions will provide reasonable notice by email, and/or posting a notice on the Kinetic Solutions blog. In the event that Kinetic Solutions or its successors or assigns cancels Your Agreement, You will be provided thirty (30) days’ notice, sent to the e-mail address associated with your account profile with Kinetic Solutions. You shall be paid all sums due and owing through the end of the thirty (30) day notice period consistent with Kinetic Solutions’ ordinary course of business.
Unless otherwise specified in the Agreement, either Party may terminate this Agreement at any time, with or without cause, effective immediately upon notice to the other Party.
If this Agreement is terminated for any reason: (a) each Party shall return to the other Party, or destroy (and provide certification of such destruction), all property of the other Party in its possession or control; (b) You shall immediately cease displaying any Kinetic Solutions Intellectual Property and/or any Kinetic Solutions trademarks or logos on any Website or otherwise; and (c) all rights granted to You hereunder will immediately cease, including but not limited to Your right to receive any payments of fees or other compensation hereunder, unless otherwise determined by Kinetic Solutions in its sole discretion.
4. COMPENSATION.
COMMISSIONS. Upon acceptance into the Partner Program, You will be assigned one or more unique Partner URLs, which You will use to advertise Kinetic Solutions. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Kinetic Solutions account by using Your Partner URL, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Partner Cookies, the most recently-acquired Cookie will determine which Partner is credited with a Sale. You will be paid a commission for each Sold Account that generates a payment to Kinetic Solutions monthly or annually. The Commission amount is 30% of all fees received by Kinetic Solutions for a Sold Account. Commission payments will be made to You on or before sixty (60) days following Kinetic Solutions’ receipt of payment for a Sold Account, subject to the other terms set forth herein.
BONUSES. For each level that a partner obtains, Kinetic Solutions may, in its sole discretion, also reward you based on status. The actual bonuses rewarded, and the value thereof, shall change from time to time as Kinetic Solutions may choose in its sole discretion. In this regard, Kinetic Solutions shall also have the right to take away any bonus or reward at any time, for any reason, or to terminate the bonus program in its entirety. Any such change shall not affect your entitlement to Commissions already earned.
MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed one hundred ($100) before You receive a payment from Kinetic Solutions. If Your combined commissions and bonuses for a given month are less than $100, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $100.
COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Kinetic Solutions and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by Kinetic Solutions, You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account payment, then the commission or bonus will be deducted from Your future commissions. If Kinetic Solutions determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale. If any Commissions or Bonuses are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Kinetic Solutions after payment, such payment amounts shall be deducted from Your future commissions and bonuses.
TAXES. You hereby warrant to Company that You are engaged in an independent business enterprise, and that You have complied with all business requirements necessary to operate Contractor’s business, if any, such as licensing, tax and other business operation requirements. You shall be solely and entirely responsible for Your own acts and omissions relative to the performance of services under this Agreement, and You shall determine the manner and method of performing such services, and shall set Your own hours in which to perform and complete such services. The parties hereto understand and agree that You are free to perform work in any capacity for other clients of You in Your sole discretion as You see fit, except as may otherwise be prohibited by the non-solicitation and/or confidentiality provisions set forth below.
Before You can be paid any Commission or Bonuses, You must provide Kinetic Solutions a completed W-8 or W-9, as instructed by Kinetic Solutions. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than one hundred and twenty (120) days prior to Kinetic Solutions’ receipt of a properly completed W-8 or W-9. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from Kinetic Solutions. If You are not a resident of Australia, Kinetic Solutions may withhold tax (including without limitation VAT) where required to by applicable law. Where Kinetic Solutions is required to withhold tax, Kinetic Solutions will document such withholding.
5. MARKETING AND RECRUITING.
TRUTHFUL. Anything You communicate in marketing or advertising any Kinetic Solutions service or opportunity must be true and accurate. Claims that relate to any Kinetic Solutions service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Kinetic Solutions. You may not use the intellectual property of any other person or entity in advertising any Kinetic Solutions service or opportunity.
COMPLIANCE WITH ALL LAWS. In addition to, and without limiting the provisions of this Agreement, You shall perform all of Your obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, and by way of example, the Federal Trade Commission in Australia (“FTC”) has guidelines governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. As a member of this program, You may receive compensation for referrals made by You to Kinetic Solutions. This may establish an obligation for You to provide disclosure to consumers. Full compliance with these guidelines requires that You provide consumers with clear and conspicuous information notifying such consumers that You are being compensated for referring potential customers to Kinetic Solutions. Please refer to FTC guidelines and statements for further information.
DISCLAIMER. On any website that You advertise any Kinetic Solutions service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language: Disclosure: I am not an employee or representative of Kinetic Solutions, LLC. I am an independent Kinetic Solutions Partner and I receive referral payments from Kinetic Solutions in this role. All opinions expressed herein are my own and are not official statements of Kinetic Solutions or any party affiliated with Kinetic Solutions.
NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Kinetic Solutions, any other customer or partner of Kinetic Solutions, or Kinetic Solutions itself.
INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a Kinetic Solutions account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Kinetic Solutions account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Kinetic Solutions all Commissions and Bonuses earned as a result of any such violation.
INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a Kinetic Solutions Partner can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Kinetic Solutions, the following guidelines must be adhered to:
Your statements must be completely true and accurate and supported by evidence;
If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
Your statements must be accompanied by the Kinetic Solutions income disclosure statement.
6. KAJABI INTELLECTUAL PROPERTY.
All materials, such as text, data, graphics files, videos and sound files, and other materials contained in the Kinetic Solutions® Website and/or otherwise provided to You by Kinetic Solutions, are copyrighted unless otherwise noted and are the property of the Kinetic Solutions and/or a supplier to Kinetic Solutions. No such materials may be used except as provided in this Agreement and/or the Customer License Agreement https://kineticsolutions.com.au/policies/license/. All trade names, trademarks, and images and biographical information of people used in those Kinetic Solutions materials, including without limitation the name and trademark “Kinetic Solutions®”, are either the property of, or used with permission by, Kinetic Solutions. The name and trademark “Kinetic Solutions®” is a registered trademark of the Kinetic Solutions, registered in Australia. Such materials shall be referred to herein as the “Kinetic Solutions Intellectual Property”. Use of any Kinetic Solutions Intellectual Property by You is strictly prohibited unless specifically permitted by Kinetic Solutions and/or this Agreement. Any unauthorized use of the Kinetic Solutions Intellectual Property may violate the copyright, trademark, and other proprietary rights of Kinetic Solutions and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use the Kinetic Solutions Intellectual Property without the express written consent of Kinetic Solutions or the third party owner.
No Kinetic Solutions Intellectual Property (or any mark confusingly similar to any Kinetic Solutions Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the Kinetic Solutions® mark to advertise Kinetic Solutions. Any time You use the Kinetic Solutions® mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Kinetic Solutions. Whether Your use of Kinetic Solutions® is confusing will be determined by Kinetic Solutions in Kinetic Solutions’ sole and absolute discretion.
Any time You use the word “Kinetic Solutions” it must be immediately followed by the “Circle R” “®” denoting it as a registered trademark of Kinetic Solutions, LLC.
You must include the disclosure identified above in any website, social media site, email, and/or other communication or media you choose to use.
You may use only such Kinetic Solutions Intellectual Property, information, images, photographs, and trademarks as Kinetic Solutions may expressly authorize in writing.
7. USE OF YOUR NAME AND LIKENESS. You grant Kinetic Solutions permission to use your name, likeness, biographical information, and any and all photographs taken by Kinetic Solutions or its agents or employees, or submitted by You to Kinetic Solutions (hereinafter “Photographs”) in any media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Kinetic Solutions or any product or service sold and marketed by Kinetic Solutions. You agree that this authorization to use Photographs may be assigned by Kinetic Solutions to a third party in Kinetic Solutions’ sole discretion. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Kinetic Solutions’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Kinetic Solutions in exchange for this Release and Assignment. You hereby release and forever discharge Kinetic Solutions from any and all liability and from any damages You may suffer as a result of the use of the Photographs and/or other related materials.
8. PROHIBITED ACTIVITY. Kinetic Solutions has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
9. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Kinetic Solutions’ reputation; and the violation of the rights of Kinetic Solutions or any third party.
10. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Kinetic Solutions’ reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
11. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
12. OTHER VIOLATIONS OF KAJABI TERM OF USE. Any other acts by you that violate any other terms of use regarding the Kinetic Solutions Website, your account with Kinetic Solutions, and/or any other agreement between you and Kinetic Solutions, including without limitation the Kinetic Solutions® Customer License Agreement https://kineticsolutions.com.au/policies/license/ and the Kinetic Solutions® Privacy Policy https://kineticsolutions.com.au/policies/privacy/.
13. INDEMNITY. You agree to defend, indemnify and hold harmless Kinetic Solutions, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct, acts or omissions. Your indemnity obligation includes, but is not limited to, any third party claim against Kinetic Solutions for liability for payments for, damages caused by, or other liability relating to, You.
14. NO WARRANTY; NO LEADS. Kinetic Solutions does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Kinetic Solutions will not at any time provide sales leads or referrals to You. Additionally, KAJABI’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KAJABI MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY KAJABI WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. KAJABI MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY KAJABI WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY KAJABI WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY KAJABI’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY KAJABI’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL KAJABI’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF ANY COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE TWO (2) MONTH PERIOD PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST KAJABI OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
16. SPECIAL CONDITIONS REGARDING KAJABI CAR BONUS. Should You qualify for the Kinetic Solutions Car Bonus and accept those benefits, you further agree to the following specific conditions and obligations:
17. KAJABI DISCLAIMS LIABILITY FOR THE QUALIFYING VEHICLE. You acknowledge and agree that Kinetic Solutions shall have no responsibility for negotiating, purchasing, leasing, or making payments on any vehicle owned or leased by You in connection with the Kinetic Solutions Car Bonus. You solely have the responsibility for purchasing, leasing, making payments on, and operating any such automobile or vehicle. You acknowledge and agree that you should not enter any lease or purchase agreement unless You are completely confident you can comply with all associated risks and obligations in the event that Kinetic Solutions cancels the Kinetic Solutions Car Bonus or you fail to continue to qualify for the bonus prior to meeting all of Your obligations under any such lease or purchase agreement. You acknowledge and agree that You expressly accept and assume all the risks and responsibilities associated with the vehicle, including personal responsibility for all payments and other financial obligations associated with the lease and/or purchase of such vehicle, in the event the Kinetic Solutions Car Bonus becomes temporarily or permanently unavailable to you for any reason. If You cannot meet those obligations and responsibilities in the event that Your eligibility is terminated or suspended for any reason, You should not enter into any such lease or purchase agreement.
18. INDEMNITY. You agree to protect, defend, indemnify and hold Kinetic Solutions, its officers, directors, employees, owners, affiliates and representatives harmless from and against all and all claims, demands, and causes of action of every kind and character without limit arising out of and/or related to Your participation, or attempted participation, in the Car Bonus program. Your indemnity obligation includes, but is not limited to, any third party claim against Kinetic Solutions for liability for payments for, damages caused by, or other liability relating to, a your vehicle. Your indemnity obligation also includes, but is not limited to, any claim for personal injury or death sustained by any person that is any way related to the related vehicle and/or your participation in the Kinetic Solutions Car Bonus program.
19. ASSIGNMENT. Kinetic Solutions may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Kinetic Solutions’ or its assigns express written consent.
20. NOTICE. Any notice required to be given to Kinetic Solutions under or related to this Agreement shall be in writing, addressed as follows:
Kinetic Solutions e-mail: legal@kineticsolutions.com.au
Kinetic Solutions will send notices to You at the e-mail address You provided to Kinetic Solutions. Any notices shall be deemed delivered to You when sent by Kinetic Solutions. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.
21. MISCELLANEOUS.
21.1 Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof.
21.2 Publicity and Press Releases. Customer acknowledges and agrees that Kinetic Solutions may use Your name and likeness as well as any trademark or logo identifying You or your project(s) solely for Kinetic Solutions’ promotional, marketing or advertising purposes.
21.3 Severability. It is agreed that if any provision, or part of a provision, of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, then the parties shall use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the original provision and to allow the parties to have the intended benefit of their bargain. If it cannot be so reformed it shall be omitted. The balance of this Agreement shall remain valid and unchanged and in full force and effect.
21.4 Assignment. This Agreement may not be assigned or sublicensed by Customer in whole or in part (by contract, merger, operation of law or otherwise) without the prior written consent of Kinetic Solutions. This Agreement shall be binding upon and ensure for the benefit of the successors in title of the parties hereto.
21.5 No Third-Party Beneficiaries. No person not a party to this Agreement shall have or acquire any rights by reason of this Agreement nor shall any party hereto have any obligation or liability whatsoever to any such person by reason of this Agreement, except as otherwise expressly provided for herein.
21.6 Headings. Headings to clauses in this Agreement are for the purpose of information and identification only and shall not be construed as forming part of this Agreement.
21.7 Governing Law/Dispute Resolution. Kinetic Solutions may modify and/or revise this Agreement from time to time by updating this posting. Customer acknowledges and agrees that Customer shall be bound by any such revisions and that Customer should therefore periodically visit this page to review the then current terms and conditions to which it shall be bound. The laws of the State of Queensland shall govern this Agreement. The parties hereby submit to the exclusive jurisdiction of the state and federal courts sitting in Queensland, Australia.
21.8 Force Majeure. Neither party shall be liable to the other for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power (including primary power and failure of backup systems).
21.9 Entire Agreement. This Agreement, together the terms of the Kinetic Solutions® Customer License Agreement https://kineticsolutions.com.au/policies/license/, as well as all exhibits and attachments, constitute the entire agreement and understanding between the parties relating to the subject matter hereof, supersedes all other agreements, oral or written, between the parties. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement.
Last Updated: October 5, 2018

© Copyright 2019  |   Kinetic Solutions - Your Potential in Motion Pty Ltd  |  All Rights Reserved