Terms and Conditions of Use
KRK Capital Partners, LLP Terms and Conditions of Use Agreement PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE. KRK Capital Partners, LLP (“KRK,” “Company,” “we,” “us”) provides this website at http://www.krkcapitalpartners.com and all site-related services (collectively, the “Site”) subject to your compliance with this Terms and Conditions of Use Agreement (“Agreement”). This Agreement governs the relationship between KRK and you, the Site visitor, (including your employer and any affiliates and its or their employees, contractors and agents, “you,” “User”) with respect to your access, use and browsing of this Site. It is important that you read carefully and understand the Agreement set forth herein. By accessing, using or browsing this Site, you agree to be legally bound by this Agreement. If you do not agree to this Agreement, please do not use the Site. KRK may, at any time and at its sole and exclusive discretion, change, alter, modify, add and/or remove any portion or all of this Site or this Agreement. Your continued use of the Site will be deemed acceptance of any such changes. If at any time you do not agree to this Agreement, please do not use this Site. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Materials and Restrictions on Use. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the “Materials”), are intended to educate and inform you about KRK and the services we offer. Reproduction, transfer, distribution or storage of any part or all of the Materials in any form or manner without the prior written permission of KRK is prohibited except in accordance with the following terms. KRK consents to the use, access or browsing of the Site on the individual User’s computer or printing copies of extracts from these pages for the individual User’s personal, non-commercial use only and not for redistribution. Individual documents accessible on our Site may be subject to additional terms indicated in those documents. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials and the Site remain the property of Company and its licensors or suppliers, as applicable.
2. Disclaimers. This Site and the Materials are provided as a convenience to Users. THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. KRK AND ITS AFFILIATES DO NOT WARRANT THAT USE OF OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, SERVERS ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF KRK OR ITS AFFILIATES, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KRK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
3. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KRK NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4. Links. The Site may include links to sites on the Internet that are owned or operated by third parties, including affiliates of KRK. When accessing such third-party sites, you shall review and agree to that site’s rules of use before using such site. You also agree that KRK has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-KRK site does not imply that KRK endorses the information or materials made available, or the products or services provided, through such third party site.
5. Submissions. By submitting any information, content, ideas, suggestions, concepts, business plans or other materials (collectively, “Submissions”) to us or any of our servers, for example, by e-mail or via any submission forms on the Site, you agree that: (a) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Submissions; (b) you will not take action against us in relation to Submissions that you submit and you will indemnify us if any third party takes action against us in relation to the Submissions you submit; (c) Any trade secrets or confidential information must be indicated as such.; (d) the information about yourself (including your company), as prompted by any form on the Site, will be accurate, current and complete; and (e) All Submissions will be subject to client confidentiality, and beyond all reasonable efforts to maintain confidentiality will not be subject to any additional obligations on our part and we will not be liable for any unauthorized use or disclosure.
6. Trademarks. The trademarks, logos and service marks displayed on the Site (collectively, “Trademarks”) are the registered and unregistered trademarks of KRK, its licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks appearing on the Site without the prior written consent of KRK or the third party owner thereof.
7. Termination. This Agreement shall remain effective until terminated in accordance with its terms. KRK reserves the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
8. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 9. Code of Conduct. While using the Site and/or the Materials you agree not to:
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site or the Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us), • Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Link to any page of or content on the Site other than the URL located at http://www.krkcapitalpartners.com.
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or • Harvest or collect information about Site visitors or members without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
10. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
11. Miscellaneous. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. 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. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.