Kinjunction Terms of Use
Hello and Welcome to Kinjunction.com, an online directory that connects
extended families. THE FOLLOWING DESCRIBES THE TERMS ON WHICH
Kinjunction.com ("Kinjunction",
"we", "us" and "our") OFFERS YOU ("you" and "your") ACCESS TO OUR SERVICES.
These terms of use (the "Agreement" or "User Agreement") describes the terms and conditions applicable to your use of our Services (as hereinafter defined) available under Kinjunction.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use our Services or access our Site.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain additional terms and conditions that apply to you as a Kinjunction user.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective seven (7) days after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users.
Anyone over the age of 13 whom is invited to join the network by an existing network member is eligible to join the site. Membership in the service is void where prohibited. By using the site you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of this agreement. The Site may terminate your membership for any reason, at any time.
We do not control the information provided by other users that is made available through our Site. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with people acting under false pretense. By using this Site, you agree to accept such risks.
You understand that the Web site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web site or for any other purpose. You further agree that you may not use Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Web site to:
Definition "Your Information" is defined as any information you provide to us or other users in the registration and in any public message area. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities Your Information and your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain a Prohibited Item [or, if otherwise adult in nature or harmful to minors, shall be posted only in the mature audiences section and shall be distributed only to people legally permitted to receive such content]; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. License You enable Kinjunction to use the information you supply us with to deliver the family networking services which we provide. So that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable(through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or which may, in the future become known, with respect to Your Information. Kinjunction will only use your Information in accordance with our Privacy Policy.
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Kinjunction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Kinjunctionand the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass other measures we may use to prevent or restrict access to the Site.
Integrity You may not take any actions that may undermine the integrity of the feedback system.
Export You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Kinjunction, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Kinjunction users, you agree that you shall not market or export your Kinjunction feedback rating in any venue other than an the Site.
Import We do not provide you the technical ability to import feedback from web sites other than the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies, we may in our sole discretion limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.
We only use Your Information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We may use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.kinjunction.com/privacy.php. If you object to Your Information being transferred or used in this way please do not use our Services or access our Site.
Kinjunction AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Kinjunction AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL Kinjunction OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THEIR RESPECTIVE SUCCESORS AND ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Kinjunction'S LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU OR ANY THIRD PARTIES IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU AGREE TO INDEMNIFY AND HOLD Kinjunction AND (AS APPLICABLE) OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and the Site.
You and Kinjunction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at the address listed on the Site and to you via email at the email address you provide to Kinjunction during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kinjunction during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
You and Kinjunction agree that any claim, demand, dispute or controversy at law or equity that arises out of this Agreement, the Site or our Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, as an alternative to litigation. You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to the use of the Site, our Services or this Agreement must be filed within one (1) year after such Claim arose or be forever barred.
Binding Arbitration For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Kinjunction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court Alternatively, a court of competent jurisdiction located in Suffolk County, Massachusetts may adjudicate any Claim. You and Kinjunction agree to submit to the personal jurisdiction of the courts located within Bergen County, New Jersey for all Claims.
Exclusivity of Dispute Resolution Mechanism All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 17 by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to One Thousand Dollars ($1000.00), provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Customer Service Disputes between you and Kinjunction regarding our Services may be reported to Customer Support by emailing admin@kinjunction.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned at any time by Kinjunction. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our Services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 17 (Resolution of Disputes) and 18 (General) shall survive any termination or expiration of this Agreement.
In the event that Kinjunction is prevented from performing or is unable to perform any of the obligations under this Agreement or provide its Services due to any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, or any other cause beyond the reasonable control of Kinjunction, and if Kinjunction shall have used commercially reasonable efforts to mitigate the effects of such occurrences, and if Kinjunction shall have given prompt written notice to you, Kinjunction's performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences.
We may, in our sole discretion, immediately terminate this Agreement, access to the Site, our Services, or any current auctions without notice for any reason.
These terms of use (the "Agreement" or "User Agreement") describes the terms and conditions applicable to your use of our Services (as hereinafter defined) available under Kinjunction.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use our Services or access our Site.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain additional terms and conditions that apply to you as a Kinjunction user.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective seven (7) days after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users.
Membership Eligibility
Anyone over the age of 13 whom is invited to join the network by an existing network member is eligible to join the site. Membership in the service is void where prohibited. By using the site you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of this agreement. The Site may terminate your membership for any reason, at any time.
Information Control
We do not control the information provided by other users that is made available through our Site. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with people acting under false pretense. By using this Site, you agree to accept such risks.
Member Conduct
You understand that the Web site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web site or for any other purpose. You further agree that you may not use Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Web site to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- intimidate or harass another
- use or attempt to use another's account, service or system without authorization from Web site, or create a false identity on this website
Your Information
Definition "Your Information" is defined as any information you provide to us or other users in the registration and in any public message area. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities Your Information and your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain a Prohibited Item [or, if otherwise adult in nature or harmful to minors, shall be posted only in the mature audiences section and shall be distributed only to people legally permitted to receive such content]; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. License You enable Kinjunction to use the information you supply us with to deliver the family networking services which we provide. So that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable(through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or which may, in the future become known, with respect to Your Information. Kinjunction will only use your Information in accordance with our Privacy Policy.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Kinjunction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Kinjunctionand the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass other measures we may use to prevent or restrict access to the Site.
Feedback
Integrity You may not take any actions that may undermine the integrity of the feedback system.
Export You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Kinjunction, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Kinjunction users, you agree that you shall not market or export your Kinjunction feedback rating in any venue other than an the Site.
Import We do not provide you the technical ability to import feedback from web sites other than the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may in our sole discretion limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
We only use Your Information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We may use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.kinjunction.com/privacy.php. If you object to Your Information being transferred or used in this way please do not use our Services or access our Site.
No Warranty
Kinjunction AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Kinjunction AND OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL Kinjunction OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THEIR RESPECTIVE SUCCESORS AND ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Kinjunction'S LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU OR ANY THIRD PARTIES IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD Kinjunction AND (AS APPLICABLE) OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and the Site.
No Agency
You and Kinjunction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at the address listed on the Site and to you via email at the email address you provide to Kinjunction during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kinjunction during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Resolution of Disputes
You and Kinjunction agree that any claim, demand, dispute or controversy at law or equity that arises out of this Agreement, the Site or our Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, as an alternative to litigation. You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to the use of the Site, our Services or this Agreement must be filed within one (1) year after such Claim arose or be forever barred.
Binding Arbitration For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Kinjunction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court Alternatively, a court of competent jurisdiction located in Suffolk County, Massachusetts may adjudicate any Claim. You and Kinjunction agree to submit to the personal jurisdiction of the courts located within Bergen County, New Jersey for all Claims.
Exclusivity of Dispute Resolution Mechanism All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 17 by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to One Thousand Dollars ($1000.00), provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Customer Service Disputes between you and Kinjunction regarding our Services may be reported to Customer Support by emailing admin@kinjunction.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General
This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned at any time by Kinjunction. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our Services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 17 (Resolution of Disputes) and 18 (General) shall survive any termination or expiration of this Agreement.
Force Majeure
In the event that Kinjunction is prevented from performing or is unable to perform any of the obligations under this Agreement or provide its Services due to any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, or any other cause beyond the reasonable control of Kinjunction, and if Kinjunction shall have used commercially reasonable efforts to mitigate the effects of such occurrences, and if Kinjunction shall have given prompt written notice to you, Kinjunction's performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences.
Termination
We may, in our sole discretion, immediately terminate this Agreement, access to the Site, our Services, or any current auctions without notice for any reason.