Use: You may not use this Website to do any of the following: (1) modify or download the Website or its contents (except as necessary to view content); (2) create any derivative work based on either the Website or its Content (as defined below); (3) collect personal information, including, but not limited to, IP addresses, addresses, e-mails, or contact information of users of the Site; (4) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; (5) use software robots, spiders, crawlers, or similar data gathering and extraction tools; (6) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (7) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site; (8) republish, distribute, assign, sublicense, or sell the Content, as defined herein, or any other aspect of the Website; (9) take any other action that may impose an unreasonable burden or load on our infrastructure; or (10) engage in any activities related to this Website that are contrary to applicable laws or regulations. Any unauthorized use by you of the Website terminates your license to use the Website without prejudice to any other remedy provided by applicable law.
Information Submitted to Website: Any inquiries, feedback, suggestions, information, or ideas you provide us (collectively, “Submissions”) will be treated as nonproprietary and non-confidential. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submissions.
Property: All content available on the Website including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of KAP Group, our affiliates, or others and is protected by copyright and other intellectual property laws. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the marks of KAP Group, our affiliates, or others and are protected by trademark laws. Except as set forth in the limited license below, or as required under applicable law, the Content, the Trademarks, or any other portion of the Website may not be used, reproduced, duplicated, copied, sold, resold, distributed, displayed, publicly performed, reposted, used to prepare derivative works, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent or, if applicable, the prior written consent of the Content, Trademark, or other property’s rights holder. You agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY: YOU AGREE THAT WE (INCLUDING ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, OR EMPLOYEES) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (3) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (5) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (6) FOR ANY LOSS OR DAMAGE THAT YOU INCUR AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION OR CONTENT ON THE WEBSITE; (7) ANY ACT OR OMISSION OF ANY PARTY INVOLVED IN MAKING THE WEBSITE; (8) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. NONE OF THE ABOVE DISCLAIMERS SHALL BE INTERPRETED AS A LIMITATION, IN WHOLE OR IN PART, OF ANY OF THE OTHER DISCLAIMERS. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE (INCLUDING ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, OR EMPLOYEES) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES AS SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. NOTWITHSTANDING THE FOREGOING LIMITATIONS ON LIABILITY, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED $50.
Indemnification: You agree to indemnify, hold harmless and defend KAP Group (including any of our affiliates, directors, officers, members, or employees) against any claim, liability, damages, loss, cause of action, proceeding, demand, and costs (including reasonable attorneys’ fees) incurred by KAP Group (including any of our affiliates, directors, officers, members, or employees) on account of a User’s and/or a third party’s claim regarding any or all of the following claims resulting from, in connection with, or related to: (i) your use of the Website; (ii) your breach of any provision of this Agreement; (iii) your obligations to any other party or person; (iv) any negligent or intentional wrongdoing by you; or (v) actions by you that allegedly cause property damage. KAP Group shall (i) give you notice of the relevant claim, (ii) cooperate with you in the defense of such claim, and (iii) give you the right to control the defense and settlement of any such claim, except that you shall not enter into any settlement that affects our rights or interest without our prior written approval. We shall be entitled to participate in such defense through our own counsel at our own cost and expense.
Investments/Compliance with Law: None of the information contained in this web site constitutes a recommendation, solicitation or offer by KAP Group or its affiliates to buy or sell any securities or financial instruments or provide any investment advice or service. The information contained in this web site has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from the Website, you should consult your business advisor, attorney, and tax and accounting advisors. The information and services provided on this web site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or where KAP Group is not authorized to provide such information or services. You are responsible for compliance with applicable federal, state, local, and international laws. We do not provide any advice regarding compliance with the Securities Act of 1933, as amended, the Investment Company Act of 1940, as amended, the Investment Advisers Act of 1940, the applicable law and regulations of any other jurisdictions in which Securities are or may be offered, filings with the Securities and Exchange Commission and/or each state regulatory authority, or with any other U.S., federal, state, local, or international laws. You assume full responsibility for making accurate statements and for not making representations which contain any untrue statement of a material fact or omissions of material facts required to be stated or necessary to make statements contained not misleading in light of the circumstances under which they are made.
You may contact us via e-mail at firstname.lastname@example.org or send mail to 100 Fillmore Street, 5th Floor, Denver, CO 80206.