Website Terms of Use

The Kinella Capital website located at kinellacapital.com (the “Site”) is a copyrighted work belonging to Kinella Capital LLC (“Company”, “we”, “us”, or “our”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (the “Terms”).

These Terms describe the legally binding terms and conditions that govern your use of the Site. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.

These Terms include an arbitration agreement in Section 10 that requires most disputes to be resolved on an individual basis through binding arbitration and limits the remedies available to you.

1. Access to the Site

Subject to these Terms, Company grants you a non transferable, non exclusive, revocable, limited license to access and use the Site solely for your own personal, noncommercial use or for legitimate business evaluation of Kinella Capital and its services.

1.1 Certain Restrictions

The rights granted to you under these Terms are subject to the following restrictions

You may not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any content on the Site.
You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
You may not access the Site in order to build a similar or competitive website or service.
Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
All copyright and other proprietary notices on the Site must be retained on all copies.

Company reserves the right to change, suspend, or discontinue the Site at any time with or without notice. You agree that Company will not be liable to you or any third party for any change, interruption, or termination of the Site.

1.2 No Support or Maintenance

You agree that Company has no obligation to provide any support, maintenance, or updates in connection with the Site.

1.3 Ownership

Excluding any user content that you may provide, you acknowledge that all intellectual property rights in the Site and its content are owned by Company or its licensors. These Terms do not transfer to you any rights of ownership in or to such intellectual property, other than the limited access rights expressly set forth above. Company and its suppliers reserve all rights not granted in these Terms.

2. Third Party Links and Ads and Other Users

2.1 Third Party Links and Ads

The Site may contain links to third party websites and services, and may display advertisements for third parties (collectively, “Third Party Links and Ads”). Such Third Party Links and Ads are not under the control of Company, and Company is not responsible for any Third Party Links and Ads. Company provides access to Third Party Links and Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them.

You use all Third Party Links and Ads at your own risk and should apply a suitable level of caution and discretion. When you click on any Third Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies and data gathering practices.

2.2 Other Users

If the Site allows posting or submission of content, each user is solely responsible for any and all content that they provide. Company does not control user content and is not responsible for any user content, whether provided by you or others. You agree that Company will not be responsible for any loss or damage incurred as a result of any interactions with other users. Company has no obligation to become involved in any dispute between you and any other user.

2.3 Release

You hereby release and forever discharge Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of or that relates directly or indirectly to the Site or any interaction with other users.

If you are a California resident, you waive California Civil Code section 1542, which states “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”

3. Cookies

Like many websites, the Site may use cookies and similar technologies to store information such as visitor preferences and pages visited. This information is used to optimize user experience by customizing content and analyzing site usage. For more details, please see our Privacy Policy.

4. Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON INFRINGEMENT.

WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF ANY WARRANTY IS REQUIRED BY APPLICABLE LAW, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF FIRST USE.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (USD 50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. Term and Termination

These Terms will remain in full force and effect while you use the Site. Company may suspend or terminate your rights to use the Site at any time for any reason in its sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights, your right to access and use the Site will cease immediately.

Even after your rights under these Terms are terminated, the provisions that by their nature should survive will remain in effect, including Sections concerning ownership, disclaimers, limitations of liability, dispute resolution, and general provisions.

7. Copyright Policy

Company respects the intellectual property rights of others and expects users of the Site to do the same. In appropriate circumstances, we may remove content that is alleged to be infringing and may terminate accounts of repeat infringers.

If you believe that material on the Site infringes your copyright, please provide a written notice that includes

Your physical or electronic signature.
Identification of the copyrighted work you claim has been infringed.
Identification of the material that you claim is infringing and that you request to be removed, with enough detail to allow us to locate it.
Your address, telephone number, and email address.
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the copyright or authorized to act on the owner’s behalf.

Notices of alleged copyright infringement should be sent to our contact email in Section 11.

8. Changes to These Terms

Company may update these Terms from time to time. Changes will be posted on this page with an updated “Version” or “Last updated” reference. Your continued use of the Site following any changes to these Terms constitutes your acceptance of the revised Terms.

9. Dispute Resolution and Arbitration

9.1 Informal Resolution

Before either party may file a claim in arbitration, the party must first send the other party a written notice of dispute that describes the nature and basis of the claim and the requested relief. A notice to Company should be sent to the email in Section 11. The parties will attempt to resolve the dispute informally. If the dispute is not resolved within 30 days after the notice is received, either party may begin arbitration.

9.2 Arbitration Agreement

Except for small claims that qualify to be brought in small claims court and claims that cannot be required to be arbitrated as a matter of law, all claims and disputes arising out of or relating to these Terms or your use of the Site will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its applicable rules.

The arbitration will be conducted by a single neutral arbitrator. Any hearing will be held in a location reasonably convenient to both parties or as otherwise agreed. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

9.3 Waiver of Jury Trial and Class Actions

YOU AND COMPANY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. General

These Terms constitute the entire agreement between you and Company regarding the use of the Site. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Company may freely assign these Terms. These Terms are binding upon and inure to the benefit of each party and their respective successors and permitted assigns.

Your use of the Site is also subject to our Privacy Policy.

11. Contact Information

If you have any questions about these Terms of Use, please contact us

Email info@kinellacapital.com
Location Mesa, Arizona, USA

Terms of Use