- 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.
- 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 (a) 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 (b) 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.
- The Services 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.
- kavout.com PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, kavout.com AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. kavout.com AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- 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.”
- 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.
- The Services are provided to you solely as a means of helping you view, organize, and analyze investment based financial information. The Service does not provide legal, tax, trading, investment, or other advice, and you are solely responsible for any decisions you make, and the consequences thereof, on the basis of any information provided by the Service. You agree that you are responsible for verifying the accuracy of any information provided by the Service, and that the Service makes no express or implied warranty about the accuracy of the information it provides to you. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of legal, tax, trading, investment advice, recommendation or strategy, is made, given or in any manner endorsed by Kavout, the Services, or any affiliated third party. By using the Services, you are indicating explicit acceptance of all of its terms. You may not use the Services and you may not accept this Agreement if you are not of a legal age to form a binding contract with Kavout . By accepting this agreement, you represent that you have the capacity to be bound by its terms, or, if you are acting on behalf of a company or other entity, that you have the authority to bind such entity, in which case the terms “you” and “User” refer to such company or other entity. Before you use the Services, you should print or save a local copy of this Agreement for your records.
- Monthly subscribers to Kavout.com will pay the monthly subscription fee on a monthly basis. All fees will be paid at the commencement of services. The initial service period of the monthly subscription is one months. The service will auto renew for subsequent one month periods. Following the initial service period, to Kavout.com reserves the right to increase the monthly fee at any time with 30 days of notice to the Subscriber. Subscriber agrees to pay the Monthly Fee according to any applicable credit card issuer agreement. Subscriber expressly authorizes to Kavout to automatically charge the applicable card on a monthly basis during the term of this Agreement. Subscriber agrees that any fee increase made in accordance with this Section may also be charged to the same card in the same manner. Subscriber Termination The initial term of the Service Agreement is one months for Monthly Subscription. Following the initial term, the Agreement will auto-renew on a monthly basis at the current published subscription rates in force until otherwise terminated. With 30 days written notice of termination by the Subscriber, the agreement can be terminated. For Monthly Subscribers, auto-renewal will cease within 30 days of Kavout receiving a termination notice. The services may be used until the paid through service expiration date is reached.
- Kavout reserves the right to immediately suspend performance or terminate this Agreement without notice and without liability in (a) the event that the Subscriber fails to pay any amount due to Kavout (b) any content necessary for Kavout.com perform its obligations become unavailable to Kavout.com for any reason and/or (c) in the event of any conduct by Subscriber which Kavout, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Kavout may discontinue any of our subscription products at any time.
- Kavout.com is a pay-as-you-go service so we do not issue refunds, regardless of the reason for cancellation. A refund will not be issued even if you cancel immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on July 4th, and you cancel your subscription account on July 18th, you are still responsible for paying for the entire billing period. This will be the remainder of the monthly period if you are on the monthly plan. No subsequent charges are applied to your credit card, but the amounts already charged are not refunded. We treat all customers equally, and therefore do not make exceptions to this policy.
- 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 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 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 Service (collectively, “Content”).
- 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 will submit information including usernames and passwords that you provide Kavout 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 a limited power of attorney, and you hereby appoint Kavout as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, 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 ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, KAVOUT IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON 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.
- 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 support@Kavout.com.
- By accepting this agreement, you grant Kavout a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any 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 Content through Kavout, 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 is not responsible for any consequent use of your Content. You agree that Kavout may share your Content with third-party sites solely in order to provide you with the Service and that between Kavout and any third-party, Kavout owns the license to any such Content and confidential account information.
- YOU AGREE THAT THE SERVICE DOES 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 SERVICE. THE SERVICE IS 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 Service 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.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW KAVOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PARAGRAPH ABOVE, KAVOUT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE 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 THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- YOU AGREE THAT NEITHER KAVOUT NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) 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; (vii) KAVOUT’S ACCESS OF YOUR ANY OTHER MATTER RELATING TO THE SERVICE. YOU MAY HAVE THE OPPORTUNITY TO PROVIDE OTHER USERS WITH ACCESS TO YOUR ACCOUNT INFORMATION. THIS IS A TOOL OFFERED THROUGH Kavout.COM 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 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 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.
- NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, KAVOUT’S LIABILITY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ANY CLAIM MADE AGAINST KAVOUT IN CONJUNCTION WITH YOUR USE OF THE SERVICE, SHALL NOT EXCEED, IN THE AGGREGATE, $50.00 (FIFTY US DOLLARS) OR THE SUM OF ANY AMOUNTS PAID TO KAVOUT FOR YOUR USE OF THE SERVICE IN THE PRECEDING 12 (TWELVE) MONTHS, WHICHEVER IS GREATER. You agree to protect and fully compensate Kavout and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, 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 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.
- Kavout reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of Kavout, at any time and for any reason or no reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
- Kavout provides all information “as is”. Market Data obtained on this site is protected and is not allowed to be re-distributed, sold, or taken for personal or professional use or for the purpose of deriving other information. Market Data on this site is delayed and not real-time. All rights of data supplied on this site is protected under intellectual property rights.
- Kavout may amend this Agreement at its sole discretion from time to time. If we decide to change our terms and conditions, we will post those changes on this page, and/or update the Terms modification date below.
Last Revision Date: August 3, 2016
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