6303 S. Rural Rd., Tempe, Arizona 85283
Phone: (480) 820-3451 Fax: (480) 820-7441

Terms of Use

Updated: 02/11/2005

Welcome to Kinney Management Services (KMS) and thank you for visiting kinneymanagement.com (the Site). These Terms of Use (the agreement) contain the terms and conditions that govern your use of this Site. KMS reserves the right to change this Agreement at any time, without notice or liability, by updating the posting of this Agreement on this Site.

Please read this Agreement carefully before you enter this Site. By using the Site, you agree to be legally bound by the Terms and Conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.

This Site is owned and operated by KMS. Please direct any questions or comments you have concerning this Site or this Agreement to KMS@kinneymanagement.com; or call (480) 820-3451 in the Phoenix area or (800) 678-9936 elsewhere; KMS Customer Service Mailing Address is PO Box 25466 Tempe, Arizona 85285-5466. Physical address is: 6303 S Rural Road, Tempe, Arizona 85283.

Disclaimers and/or Limitation of Damages

All information provided on this Site is provided on an "as is", "as available" basis without any warranty whatsoever.

As to the information provided on this Site, and any goods and services obtained through third parties referenced or made available on or through this Site, KMS hereby disclaims all warranties, expressed, implied or statutory, or arising from custom or trade, including without limitation the implied warranties of merchantability, fitness for a particular purpose, suitability, accuracy, completeness, non-infringement of third party rights and title.

KMS does not warrant that the content and operation of this Site will be uninterrupted or error free, that defects will be corrected or that this Site, its content or any Server used to operate this Site are free from viruses or other harmful components.

To the maximum extent permitted by applicable law, in no event shall KMS

or any affiliated companies be liable for any damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise) in connection with, or in anyway arising out of, the use or inability to use this Site, its content, or any goods or services obtained through third parties referenced or made available on or through this Site, even if KMS is advised of the possibility thereof.

If you become dissatisfied with this Site, or the terms, conditions or policies governing this Site, your sole remedy is to discontinue using this Site.

Some jurisdictions do not allow the exclusion of implied warranties, or consequential or incidental damages, so portions of the above exclusions may not apply to you.

KMS’ failure to enforce strict performance of any term or condition of this Agreement or to exercise the rights of KMS under this Agreement, shall not be construed as a waiver of those rights.

Password Protected Areas

Certain areas of the KMS Site, such as those regarding your account information, are restricted to authorized users through the use of a password. If we grant you authorization by way of a password to use a restricted area, you agree that you are responsible for maintaining the confidentiality of your password and account information. You agree to notify KMS if your password is stolen, lost or disclosed to an unauthorized person or persons. You also agree to notify KMS of your knowledge of any unauthorized use of your account or any other breach of security in relation to the Site. KMS reserves the right, in its sole discretion, to terminate your access to this Site and the restricted areas of the Site at any time without notice.

Email and Other Information Submissions

Please note that while we appreciate any questions or comments from our Site visitors, the information transmitted via email is not secure and will not be treated as confidential. Although KMS takes reasonable precautions to ensure no viruses are present in the emails it sends and receives, we advise you to use up to date virus scanning software on you computer to further reduce the risk. KMS accepts no responsibility or liability for any loss or damage arising from the use of email or the attachments thereof.