TERMS OF USE

SAEC/Kinetic Vision, Inc. DBA Kinetic Vision and DBA Deep Vision Data

Last Modified: February 11, 2019

  1. INTRODUCTION. These Terms of Use (“Site Terms”) apply to each user’s (“you” or “your”) access to or use of the www.kinetic-vision.com and/or www.synthetictrainingdata.com website(s) owned and operated by SAEC/Kinetic Vision, Inc. DBA Kinetic Vision and DBA Deep Vision Data (“collectively, “we,” “us” or “our”) and/or our licensors (each, as applicable, the “Site”). Your use of the Site indicates that you have read, understand, agree and accept all then-current Site Terms, including other notices and “click through” agreements that we may post on the Site from time to time, all of which are incorporated herein by reference. If you do not agree to the Site Terms, whether in whole or in part, do not use the Site.
  2. SERVICES. By using the Site, you may obtain information related to our company and services, which may include, without limitation, information regarding certain products and/or services that we may offer from time to time and your request for quotation(s) and/or order placement thereof (collectively the “Services”). You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for Services you order and/or accept through the Site, in accordance with applicable law.

III. USE RESTRICTIONS. You may not distribute, modify, sell, or transmit any content originating from or otherwise copied from the Site, including without limitation, Site text, images, audio, and/or video, for any purpose (whether personal, business, commercial, or public) without our prior and express written consent. You represent that you are at least eighteen (18) years old and agree to use the Website in a manner consistent with any and all applicable laws, regulations, and these Site Terms. You agree not to upload or transmit to the Site any computer viruses, trojan horses, worms, or other malware designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve the right at any time to modify, edit, suspend, or delete the Site (or any portion thereof) with or without notice, which includes without limitation, our right to terminate your use of the Site in the event we determine, in our reasonable discretion, that your use of the Site is in violation of the Site Terms or is otherwise illegal, harmful, or inappropriate. We will not be liable to you or to any third party for the exercise of our right(s) under this Section. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand (including reasonable attorney fees) related to your violation of these Site Terms. So long as you comply with the Site Terms, we grant you a non-exclusive, non-transferable, limited right to enter, display, and use the Site for its general purpose.

  1. SITE CONTENT. Subject to Section V, and unless otherwise indicated, we and/or our licensors or other respective owner(s), as applicable, own the applicable intellectual property rights in the Site and its content(s), including without limitation, logos, names and descriptions of products services, designs, custom graphics, button icons, page headers, trademarks, service marks, audio, video, images, text, and other related material (collectively, the “Site Content”). Site Content may not be reproduced, copied, distributed, republished, displayed, posted, or transmitted by you in any form without our prior express written consent.
  2. YOUR CONTENT. Site Content does not include your design, audio, video, images, text, content, and/or other related material you choose to rightfully display, post, upload, or otherwise provide through or on the Site, which is owned by you or otherwise by a third party of which you have permission or rights to distribute (collectively, “User Content”). You hereby represent and warrant that User Content does not and/or will not infringe on any third party’s rights, and you hereby grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute User Content in any and all media. We reserve the right to remove any User Content from the Site at any time, and for any reason, with or without notice. Unless otherwise agreed, User Content received through the Site (except as subject to our then-current Privacy Policy) is considered our exclusive property and received on a non-confidential and non-proprietary basis.
  3. THIRD-PARTY LINKS. Links on the Site to any third-party website(s) are provided solely as a convenience to you and does not mean that we approve, endorse, or accept any responsibility for the content of such website(s). By using such links, you may be redirected from the Site. We do not and cannot control the administration and/or content of third-party website(s), and therefore we do not make any representations, or give any warranties, expressed, implied, or otherwise, about such third-party website(s). Thus, if you decide to access any of the third-party website(s) linked to the Site, you do so at your own risk.

VII. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY

  1. WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES WITH RESPECT TO THE SITE AND/OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY USE, QUOTES, PRODUCTS OR SERVICES YOU MAY RECEIVE FROM THE SITE, OF WHICH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; THEREFORE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR ANY ORAL OR WRITTEN STATEMENT(S) BY US OR OUR EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS, SUPPLIERS OR OTHERWISE (COLLECTIVELY, “REPRESENTATIVES”), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED. FOR THE AVOIDANCE OF DOUBT, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY CORRESPONDENCE SENT BY IT WILL BE FREE OF ANY HARMFUL COMPONENTS, SUCH AS MALWARE OR VIRUSES, NOR DO WE REPRESENT OR WARRANT AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY USER CONTENT SUBMITTED BY YOU THROUGH THE SITE, ITS CONTENTS, OR THIRD PARTY LINKS.
  2. TO THE FULLEST EXTENT OF APPLICABLE LAW, IN NO EVENT WILL WE OR OUR REPRESENTATIVES BE LIABLE TO YOU OR YOUR AFFILIATES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF USE, THIRD PARTY CLAIMS, LOSS OR DAMAGE TO PROPERTY, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, ANY THIRD-PARTY LINKS, SITE CONTENT, USER CONTENT, SERVICES, OR OTHER INFORMATION CONTAINED ON THE SITE, AND WHETHER OR NOT BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. IF YOUR USE OF THE SITE RESULTS IN YOUR NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU DEEM NECESSARY.

VIII. MISCELLANEOUS

  1. These Site Terms, including any legal notices and disclaimers contained on the Site, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written, with respect thereto. The section headings in these Site Terms are for convenience of reference only and shall not affect the interpretation of the Site Terms. Singular terms will be construed as plural, neuter as male or female, and vice versa, where the context requires. Our failure or delay to exercise any right under these Site Terms will not operate as a waiver thereof, nor will the single or partial exercise of any such right preclude or limit any other or further exercise thereof or the exercise of any other right thereto or under the Site Terms.
  2. These Site Terms shall be governed by and construed in accordance with the laws of the State of Ohio, regardless of any applicable conflict of law principles. You hereby consent and submit to the exclusive jurisdiction of the respective federal and state courts in and of the State of Ohio. If any provision of these Site Terms is held to be illegal, invalid, or unenforceable in any respect, you agree that such term or provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law. No provision of these Site Terms that may be deemed invalid or unenforceable may in any way invalidate or make unenforceable any other provision or provisions of these Site Terms, all of which will otherwise remain in full force and effect.
  3. CHANGES TO SITE TERMS. We may update the Site Terms with changes from time to time and without prior notice to you. In such event, we will post a notification on the Site’s main page and will update the Site Terms’ “last modified” date, and your continued use of the Site following such changes will be deemed your acceptance of those changes.
  4. OTHER TERMS. Our Privacy Policy available on the Site details additional information (including, but not limited to, how we

may collect, use, maintain, and/or disclose certain information obtained from you) regarding your use of the Site.

  1. CONTACT. For any questions or concerns regarding the Site Terms, you may (a) call (513) 793-4959, (b) Contact Us via online

inquiry, or (c) mail questions to:

Attn: IT Department SAEC/Kinetic Vision, Inc. 10255 Evendale Commons Drive Cincinnati, Ohio 45241