Updated April 1, 2023
These Terms of Use, including the Privacy Policy and Cookie Statement, govern the use of the Kennedy Jenks website and apps. They may be changed by posting amended versions. You are advised to regularly read them for possible changes.
Kennedy/Jenks Consultants, Inc. along with its affiliates (“KENNEDY JENKS”), provides the information and services on its World Wide Web site(s) (the “Site”), Apps, and Social Media Postings, collectively referred to herein as (“Site”), under the following terms and conditions (the “Terms”). By accessing and/or using the Site, you indicate your acceptance of these Terms.
By using our Site, you agree to not knowingly circumvent, evade, or fail to comply with all applicable Terms to the extent that they apply to you.
- LAWS AND REGULATIONS. Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
- COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of KENNEDY JENKS, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any content or information available on or through this Site, directly or indirectly, for commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of KENNEDY JENKS or such third party that may own the Mark. Questions concerning intellectual property should be directed to privacy@kennedyjenks.com.
- ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING: KENNEDY JENKS prohibits the use of any artificial intelligence or machine learning (AI/ML) systems and operations to interact with KENNEDY JENKS content or services without the express permission of KENNEDY JENKS. Specific examples of AI/ML use expressly prohibited includes but is not limited to, using KENNEDY JENKS content and services to “teach” AI/ML, using AI/ML to provide summary information on scientific and engineering information, and to use AI/ML to use KENNEDY JENKS content and services information along with other AI/ML generated content.
- TAMPERING. User agrees not to modify, move, add to, delete, tamper, manipulate, or otherwise disrupt the KENNEDY JENKS Web site or the information contained in the KENNEDY JENKS Web site, including by not circumventing KENNEDY JENKS technical controls and security measures. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use, modify, copy or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary or confidential information contained in the Site. By using or accessing this web site you agree that other than with respect to the non-scheduled, non-recurring collection of data done with the express consent of the applicable company or individual, you will not access the Site in a manner that sends more requests to KENNEDY JENKS servers than a human can reasonably produce in the same period of time or collect or harvest any personally identifiable information.
- THIRD PARTY INFORMATION. Although KENNEDY JENKS monitors the information on the Site, some of the information is supplied by independent third parties. While KENNEDY JENKS makes every effort to provide for the accuracy of all information on the Site, KENNEDY JENKS makes no warranty as to the accuracy of any such information.
- LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of KENNEDY JENKS. The links are only provided as a convenience and KENNEDY JENKS does not endorse any of these sites. KENNEDY JENKS assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this Site, nor does KENNEDY JENKS make any representation regarding the quality of any product or service contained at any such site.
- LINKS FROM THIRD PARTY SITES. KENNEDY JENKS prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. KENNEDY JENKS reserves the right to disable any unauthorized links or frames. KENNEDY JENKS has no responsibility or liability for any material on other Web sites that may contain links to this Site.
- NO WARRANTIES. Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. KENNEDY JENKS uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. KENNEDY JENKS periodically adds, changes, improves, or updates the information and documents on this Site without notice. KENNEDY JENKS assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL KENNEDY JENKS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF KENNEDY JENKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KENNEDY JENKS SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES AS A RESULT OF YOU SHARING OR ALLOWING ACCESS TO YOUR AUTHENTICATION.
- PRIVACY. Protecting the privacy of our clients and users of our Sites is important to KENNEDY JENKS.
- The KENNEDY JENKS Web Site Privacy Policy describes how we use and protect information you provide to us.
- SECURITY. Data transmitted to and from KENNEDY JENKS client Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. KENNEDY JENKS is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security and confidentiality of any password, username or ID, or other form of user authentication required by KENNEDY JENKS (“Authentication”) involved in obtaining access to password protected or secure areas of KENNEDY JENKS sites and shall not disclose any confidential account access credentials or confidential information to Unauthorized Third Parties. An “Unauthorized Third Party” refers to any third party or business that seeks to access or accesses KENNEDY JENKS sites or systems using the account credentials (e.g., username and password) of a KENNEDY JENKS client or client employee, regardless of the their purported consent, in order to access, copy or obtain KENNEDY JENKS information, whether such information is accessed, copied or obtained by an automated data gathering program or by other means, including data scrapers, data aggregators and any third parties seeking to monetize data obtained from KENNEDY JENKS without KENNEDY JENKS’ express consent. In order to protect you and your data, KENNEDY JENKS may suspend your use of a client site, without notice, pending an investigation, if any such unauthorized disclosure or use or breach of security is suspected.
- TRANSMISSION OF PERSONAL DATA. User acknowledges and agrees that by providing KENNEDY JENKS with any personal information through the Site, user consents to the transmission of such personal user information as necessary for processing in accordance with KENNEDY JENKS standard business practices and the KENNEDY JENKS Web Site Privacy Policy.
- ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access, including any access by Unauthorized Third Parties, to such areas is prohibited and may lead to criminal prosecution.
- JURISDICTION/GOVERNING LAW. These Terms shall be governed and construed in accordance with the laws of the State of California, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of California or the federal district courts sitting in California, which courts shall have exclusive jurisdiction for such purpose.
© Copyright 2023 KENNEDY/JENKS CONSULTANTS, INC. ALL RIGHTS RESERVED.