General Terms and Conditions
This website ("the Site") is owned and maintained by KCAP Financial, Inc.. By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site Use Agreement. These general terms and conditions in this Agreement are referred to as this "Agreement."
By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. If you are unwilling to be bound by these general terms and conditions, do not use the Site.
By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.
KCAP Financial, Inc. reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.
This Internet communication does not constitute an offering of any securities. Offerings of securities are made only by prospectus or private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction. Such offerings are made pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a valid exemption from such registration requirements. No part of these publications may be reproduced in any form, or referred to in any other publication, without express written permission. These publications are distributed for educational purposes only and are not recommendations or offers for the purchase or sale of any particular security, strategy or investment product.
The Site and all of its contents (including but not limited to all text, images and software) are the property of KCAP Financial Inc. or its licensors and are protected by United States and international copyright, trademark and/or other laws. KCAP Financial, Inc. reserves all intellectual property rights not expressly granted under this Agreement.
DisclaimersThe material and information on the Site may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current. KCAP Financial, Inc. DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. KCAP Financial, Inc. may change any material or information on the Site at any time without prior notice, but KCAP Financial, Inc. DOES NOT MAKE ANY COMMITMENT TO UPDATE MATERIAL OR INFORMATION ON THE SITE. KCAP Financial, Inc. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. KCAP Financial, Inc. has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by KCAP Financial, Inc. of any linked site, the use of which is at the user's own risk.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY KCAP Financial Inc. "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. KCAP Financial Inc. DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY KCAP Financial Inc. WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
KCAP Financial Inc. ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL KCAP Financial, Inc. BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF KCAP Financial Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KCAP Financial Inc. UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
Applicable Law and Dispute Resolution
KCAP Financial, Inc. maintains and operates the Site from its facilities in New York in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of New York, without giving effect to any principles of conflict of laws. Any dispute between KCAP Financial, Inc. and any user of the Site will be resolved by a state or federal court situated within the county of New York in the state of New York, and user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between KCAP Financial, Inc. and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
Copyright and Trademark
All Site content is Copyright © 2006 KCAP Financial, Inc.. All rights reserved. Note that any product, process or technology described in the Site content may be the subject of other Intellectual Property rights reserved by KCAP Financial, Inc., and are not licensed hereunder. No materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without KCAP Financial, Inc.'s prior written permission. KCAP Financial, Inc. and the KCAP Financial, Inc. logo are trademarks of KCAP Financial, Inc., New York, New York. All other marks are property of their respective owners.