Terms & Conditions

The use of this website (www.kincentric.com) (the “Site”) is governed by the policies, terms and conditions of use as set forth more fully below (the “Terms”). Please read them carefully as your use of this Site, including the submittal of any personal information, indicates your acceptance of these Terms. Kincentric reserves the right to make changes to this Site and these Terms at any time.

For information regarding privacy, please review the Privacy & Cookies Policy which also governs your visit to the Kincentric Site.

The Site and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by Kincentric with all rights reserved unless otherwise noted. Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Kincentric. Other company names mentioned or referenced on the Site may be trademarks or trade names of their respective owners. You agree that you will not refer to or attribute any information to Kincentric in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Content of, or imply any endorsement by or relationship with, Kincentric.

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. KINCENTRIC MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINCENTRIC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KINCENTRIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINCENTRIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

Kincentric will not be liable for:

• The contents of any communication, message, or information provided to Kincentric by you or other third parties.
• The contents of any website not controlled, owned, or operated by Kincentric that is accessed from or linked to this Site by direct or indirect means.
• Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
• Any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this Site, even if Kincentric has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.

You agree to indemnify and hold Kincentric, its affiliates, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of this Site; (b) any alleged breach of these Terms.

This Site is for your personal and noncommercial use. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, www.kincentric.com as a whole, software, products, or services obtained from or available as part of or in conjunction with this system.

The Site may be used only by you, and you may not rent, lend, sub-license or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from Kincentric.

This Site is operated by Kincentric. Kincentric makes no representation that materials in this Site are appropriate or available for use in all locations.

These Terms and any dispute that might arise between you and Kincentric, its affiliates, subsidiaries, or licensees, with respect to the Site shall be governed by the laws of Ireland, without regard to principles of conflict of laws and relevant federal laws. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the courts located in Ireland. Use of this Site is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph.

Given the nature of these Terms, you understand and agree that, in addition to money damages, Kincentric will be entitled to equitable relief upon a breach of them by you.

No waiver by Kincentric shall be construed as a waiver of any proceeding or succeeding breach of any provision.

We may provide links to third-party websites, and some of the content appearing to be on this Site may be supplied by third parties. Kincentric has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.

These Terms shall supersede any subsequent terms or conditions included within this Site. We intend that these Terms constitute the entire agreement between Kincentric and you. Any changes to these Terms between Kincentric and you must be in writing and signed by both parties.

If you have any questions concerning this Site or its policies, please contact us at LegalKincentric@SpencerStuart.com.