If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, in which case the terms “you” or “your” shall refer to such entity.
1. Content, Information and Data
a. All content made available through the Services (including, without limitation, all information and infrastructure, associated financial tools, data, investment write-ups, user information, data, newsletters, blog posts, general text, graphics, and their selection and arrangement, collectively, the “Services Content”) is the property of Kavout.com. No Services Content may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without Kavout.com’s permission in each instance.
b. The Services are provided “as it”. Your use of the Services and Services Content (including that of third parties and our suppliers) is at your own risk. Kavout.com makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Kavout.com through or from the Services will create any warranty not expressly stated in these terms.
c. Provided that you are eligible to use and access of the Services and subject to the conditions of the Terms, you may be granted a limited license to access the Services Content and to download or print a copy of any portion of the Services Content to which you have properly gained access solely for your own use, provided that you keep all copyright or other proprietary notices intact. Use of the Kavout data is exclusively for personal or research purposes and may not be utilized to build an application intended for use by end users other than for you. You may not utilize the Kavout data for professional purposes for which you are compensated. You may not share your access to Kavout data with other individuals. You may not include Kavout data identified as being provided with no redistribution rights in any application or otherwise provide or display the data to a third-party in a dynamic (i.e. frequently updating the data being displayed) or static (i.e. conducting research and sharing the results with coworkers) manner through technological means relating to an API call or otherwise. You may not upload or republish Services Content on any Internet, Intranet or Extranet site or incorporate the information in any database or compilation, and any other use of the Services Content is strictly prohibited. You agree to abide by all additional copyright notices or restrictions contained in the Services Content. If you wish to access Kavout data for professional use, please contact Kavout Sales.
d. You agree that the Services do not provide trading, investing, financial, tax, legal, or other advice, and you accept sole responsibility for the consequences of any decisions you may make based on information you obtain from the Services. The Services are not a financial planner, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
2. Use of the Website
a. You agree not to export from anywhere any part of the Services and Services Content provided to you except in compliance with, and with all licenses and approvals required under applicable export laws, rules and regulations. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
3. Eligibility and Responsibility
a. To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only provide accurate information to Kavout.com; (iv) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) will not violate any rights of Kavout.com or a third party.
b. By registering for the Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
4. Privacy and Security
b. You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
c. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Services. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address firstname.lastname@example.org.
5. Acceptable Use Policy
a. You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Acts that may materially and adversely affect the quality of other users’ experience;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into Kavout.com’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other Services Content on kavout.com and from our suppliers, in whole or part;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Kavout.com in writing;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information;
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third-party rights;
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
- Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Falsifying user identification information;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; and/or
- Impersonating any person or entity, including, but not limited to, a Kavout.com representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
6. Third Parties
a. Kavout.com may display links to other websites and content, information and data obtained from other websites. You agree that we are not responsible or liable for any actions or inactions of other websites.
b. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. Kavout.com does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Kavout.com has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Kavout.com takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
c. You understand that we may use third-party vendors to provide necessary hardware, software, networking, storage, and related technology to run the Website. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties.
d. With the Services, you may direct us to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Kavout.com works with one or more online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Kavout.com is not responsible for the products and services offered by or on third-party sites. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, user data, communications or personalization settings, or any content you post on, or provide, or provide access to in connection with the Services Content.
e. By using the Services, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Connect with” or “Share” or “Social Login” with other third-party account logins of the service, you will be directly connected to the website for the third party you have identified. Kavout.com will submit information including usernames and passwords that you provide Kavout.com to log onto such site. You hereby authorize and permit us to access, use and store information submitted by you to the service to accomplish the foregoing and to configure the service so that it is compatible with the third-party sites for which you submit your information. For all purposes hereof, you hereby grant Kavout.com a limited power of attorney, and you hereby appoint Kavout.com as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when Kavout.com accesses and retrieves information from third party sites, Kavout.com is acting as your agent, and not the agent or on the behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service.
7. Intellectual Property and Data Feeds
a. You agree to use the Services for your personal use, and otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, or reverse engineer any portion of the Services. You may display and distribute derivative works from the web site for non-commercial purposes only, so long as Kavout.com is cited as a source.
8. Limitation of Liability
b. You release Kavout.com, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
c. All information on Kavout.com provided “as is” for informational purposes only, not intended for trading purposes or advice. Neither Kavout.com nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.
d. You agree that neither Kavout.com nor any of its affiliates, suppliers, and account providers will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Kavout.com has been advised of the possibility of such damages, resulting from:
- the use or the inability to use the Services;
- The cost of getting substitute goods and services;
- Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services;
- Unauthorized access to or alteration of your transmissions or data;
- statements or conduct of anyone on the Services;
- the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages;
- Kavout.com’s access of your any other matter relating to the Services you may have the opportunity to provide other users with access to your account information.
e. Kavout.com is a tool offered to enable collaboration between users at their sole discretion. Your account information includes sensitive and private information and you are fully responsible for all of the consequences associated with providing your information to other users to whom you grant access to your account. You shall not hold Kavout.com nor any of its affiliates liable for any harms, as described above, that may result from or relate to such users accessing your account information. Kavout.com does not control and shall not be responsible for the acts of other visitors or users to whom you have granted access to your financial or other information.
f. Notwithstanding any other provision of this agreement, Kavout.com’s liability for any cause whatsoever, regardless of the form or cause of any claim made against Kavout.com in conjunction with your use of the Services, shall not exceed, in the aggregate, $50.00 USD (fifty US Dollars) or the sum of any amounts paid to Kavout.com for your use of the Services in the preceding 12 (twelve) months, whichever is greater.
a. You agree to protect and fully compensate Kavout.com and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You further agree that if any third party brings any claim or action against Kavout.com or any of its affiliates arising out of or related to your use of the Services, to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.
10. Copyright Owners
a. For materials you post or otherwise provide to Kavout.com in connection with the Services (your “Submission”), you grant Kavout.com an irrevocable, perpetual, royalty-free worldwide license to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (ii) sub license these rights, to the maximum extent permitted by applicable law. Kavout.com will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Kavout.com may remove or modify your Submission at any time.
b. By accepting this agreement, you grant Kavout.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Services Content that you post on, or provide, or provide access to in connection with the Services. By submitting or providing us with access to this Services Content through Kavout.com, you represent that you are entitled to submit it or provide access it to us, without any obligation by us to pay any fees or other limitations. This Content License ends when you delete your Content or your account, unless your Content has been shared with others or in public forums and has not been deleted by administrators or by those with whom you shared your Content. You agree that others may copy your Content if you make it accessible to them and that Kavout.com is not responsible for any consequent use of your Content. You agree that Kavout.com may share your Content with third-party sites solely in order to provide you with the Service and that between Kavout.com and any third-party, Kavout.com owns the license to any such Content and confidential account information.
11. Fees and Payment Terms
c. Subscriber Termination. The initial term of the Service Agreement is one month for Monthly Subscription, one quarter for Quarterly Subscription, semi-annual for six-months Subscription, or annual for twelve-months Subscription. Following the initial term, the Service Agreement will auto-renew on a monthly or quarterly or semi-annual or annual basis at the current published subscription rates in force until otherwise terminated. After the completion of the initial Service period, with 30-days written notice of termination by the Subscriber, the agreement can be terminated and auto-renewal will cease within 30 days of Kavout.com receiving a termination notice. The Services may be used until the paid through service expiration date is reached.
12. Right to Restrict or Terminate Access
b. Kavout.com reserves the right, in its sole discretion, to change, suspend, restrict, terminate, or discontinue all or any part of the Services for any reason or no reason, at any time without prior notice or liability.
13. Electronic Notices and Disclosures
a. You acknowledge and agree that Kavout.com may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Kavout.com’s website or by emailing it to you at any email address provided to Kavout.com by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
14. Changes to the Terms
15. General Terms
a. These Terms, along with any rules, guidelines, or policies published on the Kavout.com website constitute the entire agreement between Kavout.com and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you shall be effective unless acknowledged in writing by Kavout.com. Notwithstanding the foregoing, Kavout.com reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
b. You agree that Kavout.com shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Kavout.com.
d. These Terms and the relationship between you and us shall be governed by the laws of the United States and Washington state courts will have exclusive jurisdiction over any dispute.
e. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall have no effect on the validity or enforceability of the remaining provisions.
You may contact Kavout.com at email@example.com.
Last Revision Date: July 26, 2019
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