Legal Provisions

Privacy Policy

(Posted July 3, 2008; Effective as of July 18, 2008)

Kauffman Innovation Network, Inc. (“KIN”) is committed to protecting the personal information you provide when you visit the iBridge(SM) Site (“Your Information”). Your use of the iBridgeSM Site is governed by this Privacy Policy. KIN reserves the right to modify this Privacy Policy at any time by posting a notice on the home page of the iBridge Site. Your use of the iBridge Site after the notice is posted indicates you agree to the changes. This Privacy Policy is incorporated into KIN’s Terms of Use, so please be sure to read all of the terms that govern your use of the iBridge Site. Capitalized terms used without definitions in this Privacy Policy are defined in the Terms of Use.

Collection of Your Information
Your Information is collected on the iBridge Site when you voluntarily provide it. We also automatically collect certain online activity information as described below under “Log Files.” For example, KIN collects Your Information (including your username and email address) when you register and open an Account. You may fill out a Profile (including your first and/or last name, physical address, telephone number and, if applicable, organizational affiliation information) to supplement Your Information. Information included in your Profile prior to July 18, 2008 will automatically be included in your Profile and become subject to this Privacy Policy unless you remove such information before that date. Any information you add to your Profile after July 18, 2008 will automatically be subject to this Privacy Policy.

If you decide to enter into a User License with a Research Institution to license Content, KIN collects Your Information on behalf of the applicable Research Institution. If a Research Institution charges a License Fee to access Content, Your Information (including credit card account and billing information) will be collected by a third-party merchant service provider on behalf of the Research Institution for the purpose of conducting your payment transaction. When you provide Your Information to the Research Institution or third-party merchant service provider, collection and use of Your Information will be governed by the privacy policy of the Research Institution or third-party merchant service provider.

Use and Disclosure of Your Information
KIN will use Your Information to facilitate the services you request through the iBridge Site. KIN may display Your Information from your Profile on the iBridge Site and/or to other persons to facilitate social networking in the iBridge network community. Please do not include any information in your Profile that you do not wish KIN to share with others in this manner. We may also permit you to opt-in to sharing your profile information with third party social networking sites, such as Facebook.

If your e-mail address or account is affiliated with a Research Institution, KIN may provide that Research Institution with access to Your Information, including your e-mail address. That Research Institution may display Your Information on the iBridge Site in connection with the roles you accept for such Research Institution. If a Research Institution knows your name or e-mail address, KIN may confirm to the Research Institution that you have an account and use your e-mail address to invite you to become affiliated with a Research Institution and/or an innovation.

If you request information, place an order or request a User License with a Research Institution, KIN will provide Your Information to that Research Institution. If you request information, place an order or request a User License, KIN may also provide Your Information to the individual researcher(s) affiliated with the Content that is the subject of the order or request, who may use Your Information (i) to contact you about your order; (ii) to contact you about your use of the Content; (iii) to provide research updates; and (iv) to pursue additional research discussion and/or collaboration with you. KIN may additionally provide Your Information to specific Research Institutions and researchers in response to your request, to facilitate the services you request through the iBridge Site, or if you opt in to share Your Information with them.

KIN will also share Your Information with its service providers for the purpose of operating the site and facilitating the services you request. Research Institutions, individual researchers and KIN’s service providers with whom it shares Your Information are required to use Your Information in accordance with this Privacy Policy.

KIN may also use Your Information in an aggregated, anonymous form consistent with KIN’s charitable purposes, including disclosing it to certain third parties for research purposes (e.g., Ewing Marion Kauffman Foundation, the National Institutes of Health, National Science Foundation and similar agencies) and publishing research based on analysis of data. As noted above, KIN may also share Your Information with Research Institutions and with its service providers, which have permission to use it only to facilitate the services you request through the iBridge Site, for other purposes you opt in to accept, or in aggregated, anonymous form for research, educational, and other charitable purposes.

KIN will not sell or rent Your Information to third parties for marketing purposes and will require its service providers with whom it shares Your Information not to use Your Information (in aggregated or other forms) for direct marketing, advertising, or other commercial purposes.

KIN may also use Your Information for such purposes as contacting you to let you know about updates to the iBridge Site, activities related to the iBridge Site, and KIN’s related charitable activities. You may unsubscribe to these messages by following the procedures described in the correspondence.

As we continue to develop our organization, we may buy or sell parts of our organization or assets. In such transactions, confidential customer information generally is one of the transferred business assets and may be disclosed in connection with negotiations relating to a proposed transaction. In the event of a transaction involving the sale of some or all of KIN’s organization, customer and site visitor information may be one of the transferred assets. In such case, the transferred information may become subject to a different privacy policy.

KIN reserves the right to disclose Your Information to respond to a subpoena, court order or other legal process, to defend KIN against legal claims, or if KIN determines it is necessary to investigate or take action in connection with activities that KIN suspects are illegal, threaten the safety of any person or are in violation of these Terms.

Cookies
KIN may use “cookies” to make it easier for users to access the iBridge Site. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. We use cookies to allow faster and easier access to your account information, monitor traffic on the site and measure traffic patterns to improve functionality. You may disable cookies in your internet browser, but this may limit your access to the iBridge Site and affect your use of certain features or functions. Web pages may in the future contain electronic images known as Web beacons (sometimes called clear giffs or Web bugs) or other advanced technologies that are useful in the provision of services to you. We may use such devices to verify compliance with our terms and conditions of use or with any promotions on the site.

Collection and Use of Anonymous Information/Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data and site navigation history.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather information about our user base as a whole. KIN may collect this non-personal information even if you are not registered on the iBridge Site.

We do link this automatically-collected data to personally identifiable information. This information is tied to personably identifiable information to provide you with feedback about your experiences on the iBridge site and to provide you with information that you may find interesting or informative. KIN may also link this information to a particular individual or combine it with personal information if KIN has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements. We do not share this automatically-collected data with third parties except those that provide direct services to us to facilitate the upkeep of the iBridge site.

Security
KIN uses reasonable precautions to host and maintain the iBridge Site in a secure manner and to safeguard it from unauthorized access. KIN uses Secure Socket Layer encryption for transmitting and storing Your Information and stores Your Information in limited access servers. Neither KIN nor its service providers, however, can guarantee that any transmission of personal information over the Internet will be secure and you use the iBridge Site at your own risk.

Location of Servers and Transfer of Your Information
Your Information will be transferred to and stored in servers located in the United States.

Your Consent
By using the iBridge Site, you expressly consent to this Privacy Policy and the uses of Your Information described in it. By providing Your Information on the iBridge Site, you consent to transfer of Your Information to the United States and storage, processing and use of Your Information in the United States and to the transfer of Your Information to KIN’s service providers.

Review and Update of Your Information; Deactivation of Your Account
You should be sure that your Profile is always accurate and complete. You may review your Profile at any time. You may modify your Profile information at any time by logging into your account, clicking on "Profile," and utilizing the "Edit Profile" feature. If you wish to deactivate your registration at any time, if your Account is in good standing, you may log into your account and click on the "Delete Account" feature.

EU Data Directive Privacy Notice
KIN is committed to compliance with its privacy obligations in the United States and throughout the world. This EU Data Directive Privacy Notice sets forth the privacy principles KIN follows with respect to personal information transferred from within the European Union to the United States. This notice applies to the personal information of European Union Citizens maintained by KIN in the KIN database.

Privacy Principles

Notice.
KIN notifies data subjects about the purposes for which it collects and uses information about them. See "Collection of Your Information" and "Use and Disclosure of Your Information" above. Individuals may contact KIN's privacy director with the contact information provided below with any inquiries or complaints or to request information about the types of third parties (other than third party processors) to which it discloses the information and the choices and means it offers for limiting use and disclosure of personal information.

Choice.
For disclosures not covered by the "Use and Disclosure of You Information" section above, KIN will give data subjects the opportunity to choose whether Your Information will be disclosed to a third party (other than service providers) or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by the individual. By posting a Profile, you are choosing to have Your Information shared in the iBridge Community. See "Use and Disclosure of Your Information" and "Review and Update of Your Information; Deactivation of Your Account" above for details on how to update or remove your information.

Access.
Your Profile information is easily accessible by you. See "Review and Update of Your Information; Deactivation of Your Account" Security.

KIN takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. See "Security" above.

Limitations
KIN's adherence to these principles may be limited to the extent required to respond to a legal or ethical obligation and to the extent expressly permitted by an applicable law, rule or regulation.

Contact KIN
If you have any questions about this Privacy Policy, please contact KIN at:

Kauffman Innovation Network, Inc.
Attn: Privacy Director
4801 Rockhill Road
Kansas City, Missouri 64110
Tel: 816-932-1062
Email: privacy@ibridgenetwork.org

Terms of Use

(Effective as of July 18, 2008)

Please read these Terms of Use carefully, as they contain certain limitations, exclusions and a Binding Arbitration provision.

  1. Kauffman Innovation Network, Inc.; The iBridgeSM Site. Welcome to the iBridge Site, which is operated by the Kauffman Innovation Network, Inc. (“KIN” or “we” or “us”), a not-for-profit organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. KIN operates the iBridge Site to further KIN’s charitable mission of promoting the transfer of technology, sharing of research, and collaborative efforts to advance scientific knowledge and research by licensing qualified universities, research institutions, and similar organizations (collectively, “Research Institutions”) to publish research descriptions and related materials (“Research Descriptions”) and licensable content (“Content") on the iBridge Site and making it available to end users in accordance with these Terms of Use.
  2. Acceptance of Terms; Changes to Terms. These Terms of Use, including the Privacy Policy (collectively, “Terms”), govern your use of the iBridge Site. Please read all of the Terms carefully. By using the iBridge Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the iBridge Site. KIN reserves the right to modify the Terms at any time by posting a notice on the home page of the iBridge Site. Your use of the iBridge Site after the notice is posted indicates you agree to the changes.
  3. Privacy. Please be sure to review KIN’s Privacy Policy, which is part of these Terms.
  4. Registration; Suspension or Termination of Account; Access from other Countries.
    • Registration. To access certain information and functionality, you must register on the iBridge Site and open a user account (“Account”). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to KIN is accurate and we request that you update your Account as necessary to keep it accurate and complete.
    • Suspension or Termination of Account, Access or Group Activity. KIN reserves the right in its sole discretion to suspend or terminate your Account or to block access to the iBridge Site at any time (i) if it suspects that you have not complied with these Terms, (ii) if a Research Institution notifies us that you have not paid License Fees (as defined in Paragraph 5) due to the Research Institution or have breached a User License (as defined in Paragraph 5), (iii) if we receive multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iv) for other reasons that KIN determines in good faith are necessary or appropriate, including if KIN suspects you are using or attempting to use the iBridge Site in any way that violates any applicable laws or regulations. KIN may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in paragraph 6) for any of the above reasons. You agree that neither KIN nor its service providers are liable to you for any loss or damages that may result from our refusal to provide you access to the iBridge Site. You may terminate your Account at any time.
    • Access from other Countries. KIN makes no representation or warranty that any Research Descriptions or Content on the iBridge Site are appropriate or available for use in locations outside the United States. If you choose to access the iBridge Site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorized to access the iBridge Site from any location where doing so would be illegal.
  5. User Licenses; License Fees and other Charges.
    • User License; License Fee. Before you may access or otherwise use a Research Institution’s Content, you may be required to enter into a license with the Research Institution (“User License”) that will govern your use of the Content, and pay any fees the Research Institution charges to access its Content (“License Fees”). A Research Institution may, in its discretion, add to, delete, or otherwise modify its Content, User License, or License Fees from time to time and any changes will be effective upon posting on the iBridge Site (except that changes will not modify a User License entered into before the change was posted or the License Fees applicable to such User License).
    • Payment of License Fees. You are responsible for paying all License Fees and applicable taxes required by a Research Institution for accessing its Content. In some instances, you may pay the License Fee to the Research Institution by credit card through a third-party merchant service provider on the iBridge Site. All License Fees and other charges must be paid in United States dollars. KIN will not be liable for any errors in published Licensed Fees.
    • KIN Not a Party to User License or Payment Transactions; Release. You expressly acknowledge and agree that neither KIN nor its service providers are a party to any User License between you and a Research Institution or to any payment transaction involving a License Fee. You also acknowledge that KIN has no control over the quality, safety or legality, or the accuracy of any Research Description or any Content that Research Institutions publish on the iBridge Site and that KIN is not responsible for any infringement of third-party intellectual property rights, or for compliance with export control laws or collection and payment of taxes. Accordingly, you irrevocably release KIN and its service providers (and their respective officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a Research Institution. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which 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."
  6. 6. Use of Site for Lawful Purposes; Export Controls; Confidential Information; User Content.
    • Lawful Purposes. You agree to use the iBridge Site only for lawful purposes and not in any way that would violate the rights of KIN, a Research Institution or another party or any applicable law.
    • Export Controls. The United States export control laws regulate the export of technology originating in the United States, including electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to comply with all applicable export control laws and regulations including the Export Administration Regulations maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, the International Traffic in Arms Regulations maintained by the Department of State, and the Uniting and Strengthening of America by Providing Appropriate Tools to Intercept and Obstruct Terrorism Act of 2001 and not to transfer, by electronic transmission or otherwise, any Research Descriptions or Content published on the iBridge Site to either a foreign destination or foreign national in violation of applicable law.
    • Confidential Information. If you are a researcher or other employee of a Research Institution, you may receive personal or confidential information of individual users (“User Confidential Information”) in connection with a request for a license of materials, for information, or for services. You agree to use such User Confidential Information only in accordance with the KIN Privacy Policy (i) to facilitate the services requested by the user through the iBridge Site or (ii) for the purposes of contacting the user about their use of the materials or services, providing research updates to the user, or pursuing additional research discussion and/or collaboration with the user. You shall use at least the same degree of care in safeguarding the User Confidential Information as confidential as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. You shall only forward such User Confidential Information to others within your organization on a need to know basis.
    • User Content. (i) KIN may offer the opportunity for you and others to contribute ideas, comments, questions and other communications to or from the iBridge Site (the "User Content") in message boards, group areas, communities, blogs, e-mail and other features of the iBridge Site ("User Input Rooms") that may be offered from time to time and may be operated by KIN or by a third party. You shall not (nor cause any third party to) use the iBridge Site to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities. Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:
      • transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
      • advertising or disseminating commercial content;
      • interfering with or disrupting the iBridge Site;
      • disrupting the activities or enjoyment of the iBridge Site for other users; or
      • collecting or storing personal data about other users, except as needed for activities permitted on the iBridge Site.

      (ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. KIN assumes no responsibility for the information contained in User Content.

      (iii) You agree that KIN, in its sole discretion, may remove any User Content from a User Input Room offered by KIN, at any time and for any or no reason. You agree that KIN shall not be liable to you or any third party for any deletion of any User Content on the iBridge Site. You may remove your User Content from the iBridge Site at any time.

      (iv) You acknowledge and agree that KIN may preserve and disclose User Content if required to do so by law or if KIN believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of KIN, any users of the iBridge Site, and the public. You also acknowledge that the technical processing and transmission of the iBridge Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

      (v) KIN may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be offered from time to time. KIN assumes no responsibility or liability whatsoever for such User Content, or for the use of any User Input Room operated by a third party. Without limitation to the foregoing, KIN shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room operated by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party operating the User Input Room.

      (vi) Subject to any applicable law and the requirements of the KIN's privacy policy, any communications sent by you via this iBridge Site or otherwise to KIN (including without limitation User Content) are on a non-confidential basis, and KIN is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose related to the iBridge Site or its users. You shall be responsible for the content and information contained in any communication sent by you to this iBridge Site or otherwise to KIN, including without limitation for its truthfulness and accuracy.

      (vii) KIN does not claim any ownership rights in the User Content you post to the iBridge Site. When you post User Content to the iBridge Site, you grant to KIN, and you represent and warrant that you have the right to grant to KIN, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from and otherwise use such User Content for any purpose on or in connection with the Site.

      (viii) The administrator of any User Input Room determines its membership and may terminate access by any individual user at any time.

  7. Intellectual Property.
    • Content. The content on the iBridge Site is owned by or licensed to KIN. As between you and the Research Institutions, each Research Institution owns all rights, including copyrights, patents, and other intellectual property rights, in the Research Descriptions and Content it publishes on the iBridge Site. As between you and KIN, KIN owns all rights, including copyrights, patents, and other intellectual property rights, in the iBridge Site. You agree not to copy any content on the iBridge Site (unless it is User Content generated by you or you are permitted to do so by a User License) or to modify, decompile, disassemble, create derivative works from or otherwise reverse engineer any Research Institution’s Research Descriptions, Content, the iBridge Site, or other content or computer programs associated with the iBridge Site.
    • Restrictions on Data Usage. You may not, without the prior written permission of KIN, use any computer code, data mining software, robot, bot, spider, scraper, or other automatic device, program, algorithm or methodology having similar process or functionality, or any manual process, to deeplink to, redistribute, retransmit, republish, commercially exploit, display or copy in bulk the content found on or through the iBridge Site.
    • Trademarks. KIN owns all rights in its name, trademarks, service marks, logos, and other indicia of source (“KIN Trademarks”), including Kauffman Innovation Network, iBridgeSM, Innovation Bridge, and “Linking Ideas and Innovation.” You may not use any KIN Trademarks in connection with any products or services or in any manner that could tarnish any KIN Trademark or disparage KIN. The trademarks of the various Research Institutions are owned by and may be used only as permitted by the applicable Research Institution.
    • Notice And Procedure For Making Claims Of Copyright Infringement/Digital Millennium Copyright Act. KIN will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that your work has been copied on the iBridge Site in a way that constitutes copyright infringement, please provide KIN’s Copyright Agent with the following information in a notice (“Notice”). To be effective, the Notice must be in writing and contain the following information (DMCA 17 U.S.C. §512(c)(3)):
      • an electronic or physical signature of the person who is authorized to act on behalf of the copyright owner;
      • a description of the copyrighted work that you claim has been infringed;
      • identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published);
      • identification of the URL or other specific location on the iBridge Site where the material that you claim is infringing is located (you must include enough information so that KIN can locate the material);
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

        Send the Notice to KIN’s Copyright Agent for notice of claims of copyright infringement as follows:

        Kauffman Innovation Network, Inc.
        Attn: Copyright Agent
        4801 Rockhill Road
        Kansas City, Missouri 64110
        Tel: 816-932-1062
        Email: copyrightagent@ibridgenetwork.org
  8. Links. From time to time, KIN may provide links to other sites that may be of interest to you. Such links do not mean that KIN endorses any other site or its products or services. You acknowledge that KIN has no control over or responsibility for the content or practices of any other site. Please read any terms of use and privacy policies that govern activities on other sites.
  9. Disclaimers. THE iBRIDGE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE IT AT YOUR OWN RISK. NEITHER KIN NOR ITS SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE INFORMATION ON THE iBRIDGE SITE, INCLUDING THE RESEARCH DESCRIPTIONS AND CONTENT PROVIDED BY RESEARCH INSTITUTIONS, WILL BE ACCURATE, TIMELY OR COMPLETE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, KIN AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED).
  10. Limitation of Liability. NEITHER KIN NOR ANY SERVICE PROVIDER WILL BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (WHETHER OR NOT END USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION OR LOST DATA) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE IBRIDGE SITE OR (B) ANY DAMAGES, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR SIMILAR PROBLEMS ARISING IN CONNECTION WITH YOUR USE OF, INTERACTION WITH, OR TRANSACTIONS THROUGH THE IBRIDGE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KIN, BUT IN NO CASE WILL KIN'S LIABILITY TO YOU EXCEED $1000. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
  11. Indemnity. By using the iBridge Site, you agree to indemnify and hold KIN and its directors, officers, employees, licensors, service providers, contractors, and agents (“KIN Indemnitees”) harmless from any claims, liability, loss, damage or expense (including reasonable attorneys’ fees and costs) that any KIN Indemnitee may incur based on your use of the iBridge Site, your transactions through the iBridge Site, your breach of these Terms or any End User License, your violation of the rights of a third party or your violation of any law, including export control laws.
  12. Contact Us. The iBridge Site is owned and operated by Kauffman Innovation Network, Inc. If you have any questions about any of these Terms, please contact us at:
    Kauffman Innovation Network, Inc.
    Attn: iBridge Manager
    4801 Rockhill Road
    Kansas City, Missouri 64110
    Tel: 816-932-1062
    Email: terms@ibridgenetwork.org
  13. Dispute Resolution.
    • Governing Law. These Terms are governed by the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.
    • Binding Arbitration. IF A DISPUTE ARISES BETWEEN YOU AND KIN, EACH PARTY IRREVOCABLY AGREES TO (i) RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION CONDUCTED IN KANSAS CITY, MISSOURI IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), (ii) BRING ANY DISPUTE TO ENFORCE ARBITRATION UNDER THESE TERMS OR TO PURSUE INJUNCTIVE RELIEF EXCLUSIVELY IN THE FEDERAL AND STATE COURTS LOCATED IN JACKSON COUNTY, MISSOURI, UNITED STATES OF AMERICA AND (iii) SUBMIT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS BASED ON FORUM NON CONVENIENS OR OTHER GROUNDS. EACH PARTY WILL BE RESPONSIBLE FOR ITS EXPENSES AND AN EQUAL SHARE OF THE ARBITRATORS' AND ADMINISTRATIVE FEES OF ARBITRATION. NOTWITHSTANDING THE FOREGOING, KIN WILL HAVE THE RIGHT TO SEEK TEMPORARY INJUNCTIVE RELIEF IF IT DETERMINES IT IS NECESSARY IN CONNECTION WITH ANY BREACH OF THESE TERMS THAT COULD RESULT IN IRREPARABLE HARM TO KIN (INCLUDING INFRINGEMENT OF ANY INTELLECTUAL PROPERTY).
  14. General Provisions.
    • Assignment. You may not assign these Terms or any of your obligations under them without KIN’s prior written consent and any attempted assignment is null and void. KIN may assign these Terms and any of its obligations under them at any time for any reason.
    • Relationship of Parties. You and KIN are independent contractors and these Terms may not be used to construe a joint venture, employee, partnership, agency or similar relationship between you and KIN.
    • Electronic Communications; Binding and Entire Agreement; English Language. You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the iBridge Site may be provided to you electronically (by posting on the iBridge Site, by email, and other electronic formats) and will be considered received upon posting or other distribution, but KIN reserves the right to provide communications in paper format. These Terms (including the Privacy Policy) constitute the entire agreement between you and KIN and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the iBridge Site.
    • Including. The word “including” as used in these Terms means “including, without being limited to.”
    • Severability. If any of these Terms is determined to be unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.
    • No Waiver. KIN’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of KIN’s rights, and KIN reserves its right to take all legal steps available to enforce these Terms.
    • Survival. Paragraphs 3, 5, 6(C), 7, 9, 10, 11, 13 and 14 (and any other sections that by their intent should survive) will survive any termination of these Terms.
    • Force Majeure. If KIN is unable to perform its services or any of its obligations due to any cause beyond its reasonable control, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then KIN’s performance will be excused and the time for performance will be extended until a reasonable time following the end of the event of force majeure.