// general terms & conditions
Thank you for visiting the Kennedy Broadband website at
www.kennedybroadband.com (the “Website”). Please read the following General Terms and Conditions (“Terms”) before accessing or using this Website. By accessing and/or using this Website you, the visitor to this Website (“you” or “your”) acknowledge that you have read and understood these Terms and that you agree to be bound by them. It is a violation of these Terms for you to use the Website in violation of any applicable laws and regulations or in violation of the rules of any of Kennedy Broadband’s service providers. If you do not understand and/or accept these Terms you should not access and/or use this website. Please note that Kennedy Broadband reserves the right, in its sole discretion, to modify, revise, or change these Terms at any time and without prior notice to you; therefore, you should review these Terms periodically to ensure your compliance. Modifications will be posted on the Website and the “Last Updated” date at the top of this web page will be revised. You understand and agree that if you use this Website after the date on which the Terms have changed, Kennedy Broadband will treat your use as acceptance of the updated Terms.
// use of website content
Kennedy Broadband authorizes you to use this Website and the materials and information contained herein solely for personal and non-commercial purposes. Using this Website to evaluate whether to enter into a business relationship with Kennedy Broadband shall not constitute a commercial use for the purposes hereof. Subject to your compliance with these Terms,Kennedy Broadband grants you a limited, personal, revocable, non-sublicensable, non-assignable license to use the materials or information on this Website for your personal, non-commercial use; otherwise, no rights or licenses to the materials or information on this Website are hereby granted to you, and you are prohibited from modifying these materials without Kennedy Broadband's prior written approval. The use of the materials or information on this Website in a networked environment or on any other Website is prohibited.
// restrictions of use
This Website is limited to persons eighteen (18) years old (or the age of legal majority where you are located) and you represent that you are of sufficient legal age to access and/or use this Website and its contents as well as to create binding legal obligations for any liability you may incur as a result of your use of this Website.
You may not use the Website for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Website or the server hosting the Website nor will you use the Website to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Website in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Website or server hosting the Website; (iii) manipulates or otherwise displays the Site by using framing, mirroring or similar navigational technology or, except as expressly permitted by Full Circle Fiber or enabled by Kennedy Broadband’s “share” feature, directly links to any portion of the Site other than the main homepage located at www.kennedybroadband.com; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Website or copies any content or information on the Website; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Kennedy Broadband or its affiliates, partners, suppliers or Kennedy Broadband’s licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Website; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Website or any hardware, software, system or network connected with the Website; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Website or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Website; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information not intended by Kennedy Broadband to be made accessible to you. All links to this Website must be approved in writing by Kennedy Broadband.
Kennedy Broadband discourages you from submitting or posting to this Website any information that you consider to be proprietary or confidential. If you submit any such information Kennedy Broadband will assume that it is not confidential in nature. By submitting any information or materials to this Website, you grant Kennedy Broadband an unrestricted and irrevocable license to display, disseminate, reproduce, modify, transmit or otherwise use such information or materials, and you agree that Kennedy Broadband is free to use any ideas, concepts, techniques, inventions, or other information that you submit for any reason.
// privacy
Kennedy Broadband recognizes and respects the privacy of those who use this Website. You may view a copy of Kennedy Broadband’s privacy policy here
www.kennedybroadband.com/privacy-policy/, which explains Kennedy Broadband’s practices relating to the collection and use of your information through or in connection with the Website and governs Kennedy Broadband's use of your information and/or any information you submit or otherwise make available to Kennedy Broabnd in connection with the Website (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference.
// intellectual property
All logos, icons, graphics, insignia, names, marks, phrases, images, designs, or similar items contained in this Website may be trade names, trademarks, or service marks (registered or unregistered) of Kennedy Broadband or its subsidiaries, affiliates, business partners or vendors. The unauthorized use of Kennedy Broadband’s trademarks, service marks or logos used on the Website is prohibited, and you are not permitted to copy, reproduce, republish, or disseminate any such trademarks, service marks, or logos on this Website without Kennedy Broadband’s prior written approval in each case.
// links to third-party websites
This Website may contain links to third-party websites. These links are provided for your convenience and for informational purposes only. These third-party websites are neither controlled by nor monitored by Kennedy Broadband and Kennedy Broadband makes no warranties or representations regarding the information contained on these websites and any use or connection to these websites is made at your own risk. The content available on the third-party websites linked to by the Website does not necessarily reflect the opinion of Kennedy Broadband or imply a recommendation or endorsement by Kennedy Broadband of the linked website or the opinions expressed therein. Kennedy Broadband is not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites. Kennedy Broadband accepts no liability for any information, products, advertisements, content, services, or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Kennedy Broadband is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. Kennedy Broadband shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.
// no liability for kennedy broadband
BY ACCESSING AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THAT IN NO CIRCUMSTANCES WILL Kennedy Broadband, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, LICENSORS, PARTNERS,SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER,INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT,CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY,OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,ATTORNEYS’ FEES) THAT MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR ACCESS OR USE OF THIS WEBSITE, ANY CONTENT CONTAINED OR PROVIDED THEREIN, OR ANY CONTENT OTHERWISE PROVIDED TO YOU BY Kennedy Broadband, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES STEM FROM CONTRACT, TORT, STRICT LIABILITY,EQUITABLE CLAIMS, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CAUSED OR CONTRIBUTED,DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART,TO BY THE ACTIONS (NEGLIGENT OR OTHERWISE) OF Kennedy Broadband, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,SUBSIDIARIES,CONTRACTORS, LICENSORS, PARTNERS,SUCCESSORS AND/OR ASSIGNS, EVEN IF Kennedy Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Kennedy Broadband, ITS OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES,CONTRACTORS, LICENSORS, PARTNERS,SUCCESSORS AND/OR ASSIGNS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR: (1) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ASSOCIATED WITH YOUR USE OF THE WEBSITE, ANY CONTENT CONTAINED OR PROVIDED THEREIN, OR ANY CONTENT OTHERWISE PROVIDED TO YOU BY Kennedy Broadband; (2) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKS OR CONNECTIONS THERE TO; (3) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY TRANSMISSION DEFECTS, VIRUSES OR SIMILAR EVENTS;OR (4) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM THE UPLOADING OR DOWNLOADING OF ANY MATERIAL OR INFORMATION TO,FROM, OR THROUGH THE WEBSITE.
IF ANY OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU OR YOUR SITUATION OR ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, Kennedy Broadband’s MAXIMUM LIABILITY TO YOU WILL BE FIFTY DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF Full Circle Fiber’s LIABILITY IN THESE TERMS.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDIT OR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Kennedy Broadband’s liability will be limited to the fullest extent permitted by applicable law.
// no warranties
Kennedy Broadband’s WEBSITE AND THE CONTENT HERE IN OR OTHERWISE PROVIDED TO YOU BY Kennedy Broadband ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. Kennedy Broadband DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Kennedy Broadband ALSO DOES NOT MAKE ANY WARRANTIES THAT THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN WILL OPERATE FREE OF ERROR, THAT IT IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL, OR AS TO ITS ACCURACY, RELIABILITY, CURRENCY, COMPLETENESS OR TIMELINESS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND INFORMATION CONTAINED HERE IN IS AT YOUR SOLE RISK.
// indemnity
By accessing and/or using this Website or any content herein, you agree to indemnify, defend, and hold harmless Kennedy Broadband and its officers, directors, employees, agents, affiliates, subsidiaries, contractors, licensors, partners, successors and/or assigns from and against any and all suits, actions, proceedings, judgments, settlements, demands, injuries, liabilities, losses, claims, damages, costs and expenses (including, without limitation, attorneys’ fees) that Kennedy Broadband may become obligated to pay as a result of your access and/or use of this Website, your access and/or use of the content obtained or accessed through the Website or otherwise provided to you by Kennedy Broadband, your violation of any federal, state, or local law, rule, or regulation, your violation of the rights of another, or your breach of these Terms. Kennedy Broadband reserves the right to assume or participate, at your sole expense, in the investigation, settlement and/or exclusive defense of any such claim and you agree to cooperate in Kennedy Broadband’s defense of such matter. This indemnification shall survive any termination of these Terms.
// violation of rules and regulations
Disclosure of Information: Kennedy Broadband reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth on the Website, including the right to block access from a particular Internet address to the Website. Kennedy Broadband may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as maybe expressly limited by the Privacy Policy, Kennedy Broadband reserves the right at all times to: (i) disclose any information as Kennedy Broadband deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in Kennedy Broadband’s sole discretion.
// no fiduciary relationship
Except to the extent set forth in a separate agreement between you and Kennedy Broadband, there is no fiduciary relationship between you and Kennedy Broadband. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and Kennedy Broadband. You may not enter into any contract on Kennedy Broadband’s behalf or bind Kennedy Broadband in any way.
// electronic communications
When you visit the Website or send e-mails to Kennedy Broadband, you are communicating with Kennedy Broadband electronically and you consent to receive communications from Kennedy Broadband electronically. Kenney Broadband will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Kennedy Broadband provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Kennedy Broadband electronically are deemed to be given and received on the date Kennedy Broadband transmits any such electronic communication as described in these Terms.
// miscellaneous
Kennedy Broadband makes no representation that the information on the Website is appropriate or available for use in other locations, and access to the Website from territories where the contents of the Website may be illegal is prohibited. Those who choose to access this Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You agree, that regardless of wherever you are located, that these Terms will be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of laws, provisions or doctrines of such state or any other jurisdiction to the contrary and you further agree to submit to the jurisdiction of the courts situated in Tattnall County, Georgia with respect to any claim, cause of action or dispute related to or involving the Website. If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver by Kennedy Broadband of any of these Terms will operate as a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Website, these Terms constitute the entire agreement between you and Kennedy Broadband with respect to your use of the Website. Kennedy Broadband may assign these Terms or any part of them without restriction or condition. You may not assign these Term’s without Kennedy Broadband’s prior written consent. Kennedy Broadband’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Kennedy Broadband’s right to subsequently enforce such provision or any other provisions of these Terms. You agree that any claim you may have arising out of or related to your use of the Website, any content you may access or use through the Website or any content otherwise provided to you by Kennedy Broadband, or your relationship with Kennedy Broadband must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause Kennedy Broadband irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Kennedy Broadband obtaining any injunctive or equitable relief that Kennedy Broadband deems necessary or appropriate. These remedies are in addition to any other remedies Kennedy Broadband may have at law or in equity.
