Welcome to the KCAP web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
When using particular services available on the Site, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. KCAP reserves the right, in its sole discretion, to modify, alter or otherwise change this Agreement at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Site following the posting of any revised Agreement means that you accept and agree to the revisions.
ACCESSING THE WEBSITE
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for making all arrangements necessary for you to have access to the Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement, and that they comply with it.
All Materials, including without limitation text, graphics, logos, button icons, images, audio clips, video clips, software, copyrighted materials, trademarks, service marks and/or other proprietary information included or displayed on the Site are owned by KCAP or its content providers that have licensed to KCAP the right to use the Materials. You agree that the reproduction, modification, distribution, transmission, republication, display, performance or storage of the Materials without the express prior written permission of KCAP is strictly prohibited . Violations may result in civil and criminal penalties.
USE OF SITE
This Site and the Materials may not be reproduced, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise used or exploited in any way without the express prior written permission of KCAP. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You may download one copy of the Materials on any single computer for your personal, noncommercial home use only (provided you keep intact all copyright, trademark and other proprietary notices), but modification of the Materials or use of the Materials for any other purpose is a violation of KCAP's and possibly other third parties' copyright and other proprietary rights. You further agree to use the Materials and the Site only for purposes which are lawful in every sovereign jurisdiction and all subdivisions thereof, and agree not to use the Materials, or any element or portion thereof for any commercial purpose whatsoever. KCAP and its affiliates reserve the right to refuse service, including, without limitation, if KCAP believes that customer conduct violates applicable law or is harmful to the interest of KCAP and its affiliates. Additionally, you agree not to use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party's use of the Site, or engage in hacking or other malicious interference.
ACCURACY OF INFORMATION
While KCAP uses its best efforts to include accurate and up to date Materials on this Site, KCAP makes no warranties or representations as to the accuracy of any Materials and assumes no liability or responsibility for any errors or omissions in the content of the Site (in each case except to the extent of the standards imposed on any Required Communications by the applicable law, regulation or agreements pursuant to which they are required).
We may make available to you through one or more KCAP services a broad range of financial information that we obtain from third party content providers. KCAP and our third party providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing content of the financial information, or (2) warrant any results from your use or reliance on the financial information. Financial information may be unreliable when posted or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither KCAP nor the third party providers are obligated to update any information or opinions contained in any financial information, and we may discontinue offering financial information at any time without notice. You agree that neither KCAP nor the third party providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any financial information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use the financial information provided by KCAP for any purpose related to your business.
NO INVESTMENT ADVICE OR RECOMMENDATIONS; NO OFFER OR SOLICITATION
Any services (including financial information) provided by KCAP through this Site are for informational purposes only and you should not construe any content available through this Site as legal, tax, investment, financial or other advice. Nothing contained on this Site constitutes a solicitation, recommendation, endorsement, or offer by KCAP or a third party provider to buy or sell any securities or other financial instruments. 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.
Any performance data on this Site are an indication of past performance. Past performance is not indicative of future results; and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Visitors should be aware that when they are on this Site, they could be directed to other sites that are beyond KCAP's control. There are links to other sites from KCAP pages that take them outside our service. These other sites may send their own cookies to visitors, collect data, or solicit personal information. KCAP makes no representations whatsoever concerning the content of those sites. The fact the KCAP has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and KCAP cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold KCAP liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Visitors should keep in mind that whenever they give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people visitors do not know. KCAP cannot guarantee the security of any information visitors disclose online, and visitors do so at their own risk. KCAP bears no responsibility for any action or policies of any third parties who collect any information visitors may disclose on any public Forum on this Web site.
Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for the visitor by saving the visitor's preferences while the visitor is at KCAP's sites. KCAP never saves passwords or credit card information in cookies.
By showing how and when visitors use a site, cookies help KCAP see which areas are popular and which are not. Many improvements and updates to the Site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. KCAP uses the information from cookies to provide services better tailored to Site visitors' needs. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent.
ONLINE PRIVACY & USE OF IP ADDRESSES
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers -- the computers that "serve up" Web pages -- automatically identify your computer by its IP address.
KCAP may collect IP addresses for the purposes of system administration, to analyze aggregate information, and to audit the use of our Site. When visitors request pages from KCAP sites, our servers log the visitors' IP addresses. KCAP does not normally link IP addresses to anything personally identifiable, which means that a visitor's session will be logged, but the visitor will remain anonymous to us. KCAP can and will use IP addresses to identify a visitor when KCAP feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, Site, customers, or others. For instance, KCAP may disclose visitor information in special cases when KCAP has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) KCAP's rights or property, the Site, other Site visitors, or anyone else that could be harmed by such activities. KCAP also may disclose visitor information when KCAP believes that the law requires it. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while KCAP strives to protect visitors' personal information, KCAP cannot ensure or warrant the security of any information visitors transmit to KCAP or from KCAP's online services, and visitors do so at their own risk.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KCAP NOR ANY PERSON ASSOCIATED WITH KCAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KCAP NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. KCAP IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIALS CONTAINED ON THIS SITE. YOU AGREE TO BE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED FOR ACCESS TO AND USE OF THIS SITE, AND YOU SHALL BE RESPONSIBLE FOR ALL CHARGES RELATED THERETO.
KCAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL KCAP' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT WILL KCAP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless KCAP, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of this Agreement or your use of the Site, including, without limitation, any use of the Site's content, services and products other than as expressly authorized in this Agreement or your unauthorized use of any information obtained from the Site.
This Site is controlled and operated by KCAP from its offices in the State of New York, United States of America. KCAP makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. KCAP has the right at any time to modify, change, add to, discontinue or alter in any manner any aspect of this Site including, without limitation, the Materials and this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties hereto with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing your use of the Site and destroying all Materials obtained from it. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule, whether of the State of New York or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.