Legal

Terms of Use

This website is owned and operated by KCP Advisory Group LLC and its affiliates (collectively, “KCP” or “we” or “us” or “our”). KCP is providing this website (the “Site”) for informational purposes only. Use of this Site and access to the material it contains is subject to the following terms and conditions (this “Agreement” or these “Terms of Use”) as well as all applicable laws. Your access to and browsing of the website constitutes your full acceptance of these terms and conditions. We may, in our sole discretion, terminate your access to the Site at any time and without notice, including without limitation due to any violation by you of these Terms of Use.

Modifications to these Terms and Conditions

KCP may modify this Agreement and its terms and conditions with or without notice to you, and such modified Agreement shall be effective immediately upon posting. Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of the Agreement and its terms and conditions, including any modifications.

Limited Right of Use/Ownership of Contents

The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (the “Contents”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by us or a party credited as the provider of such Contents.

Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part.  All rights not expressly granted herein are reserved.

We reserve the right to republish any material contributed by Site visitors. By posting a message in any public area of the Site or submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever. You hereby further grant us the global nonexclusive right to use any ideas, concepts or techniques embodies in such materials for any purpose whatsoever. In addition, you hereby waive any and all “moral rights” you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof. You hereby RELEASE us from any liability under any legal theory in connection with the use, modification, sale or disclosure of any such materials.  You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.

Privacy Policy

Personal information and data provided by you to us are subject to our Privacy Policy.
This policy, as updated from time to time, may be found HERE.

Modifications to the Site


We reserve the right from time to time to make modifications and changes to the Site, including but not limited to discontinuing, temporarily or permanently, any service offered by us or through the Site, with or without notice. You agree that we shall not be liable to you or to any other party for any changes and modifications to the Site.

Your Representations and Warranties
You represent, warrant and covenant that no material of any kind submitted by you or our use thereof in accordance with these Terms of use will: (i) violate, plagiarize or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statement of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulation or other governmental order.

Indemnification

By accessing and/or using the Site, you agree to indemnify, defend and hold KCP and its respective officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimers 

All material on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in this site constitutes professional and/or financial advice, nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.

This website contains general information about KCP Advisory Group intended for management teams, investment professionals or individuals considering possible employment with our firm.  Neither this website nor its contents are or shall be deemed to be an offer of securities or any form of solicitation or investment or financial advice.

This website may contain information and press releases about and by KCP.  While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others.  Any statements in this site (including within any press releases) that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995.  Such statements are intended to fit within the ‘safe harbor’ for forward-looking information and is subject to material risk factors which may or may not be disclosed herein.  Statements or phrases that use such words as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “estimates,” “predicts,” “is designed to,” “with the intent,” “potential,” and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking.  Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to, general economic and currency conditions, various conditions specific to KCP’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, our accounting policies, future trends, and other risks.

KCP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THIS WEBSITE OR KCP’S COMPUTER SYSTEMS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated information or typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED “AS IS.” KCP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, , WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. KCP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. WE MAKE NO WARRANTY THAT ANY MATERIALS OR SERVICE PROVIDED THROUGH THE SITE WILL PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE SHALL BE AT YOUR SOLE RISK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

Limitation of Liability

Under no circumstances will KCP be liable for any consequential, incidental, special, punitive, or exemplary damages or lost profits arising out of any use of or inability to use the website or any portion thereof.

Third Party Linked sites:

As a convenience to you, KCP may provide, on this Site, hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the KCP site.

These hyperlinks take you to publicly available sites, which are not within the control of KCP, and your use thereof is solely at your own risk. KCP AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE CONTENT OF SUCH SITES, INCLUDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY THEREOF FOR ANY PARTICULAR PURPOSE, NOR DO KCP AND ITS AFFILIATES WARRANT THAT SUCH SITES OR THEIR CONTENT ARE FREE FROM ANY CLAIMS OF COPYRIGHT, TRADEMARK, OR OTHER INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES OR THAT SUCH SITES OR CONTENT ARE DEVOID OF VIRUSES OR OTHER CONTAMINATION. Links to the non-KCP sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

Miscellaneous

These Terms of Use constitutes the entire agreement between you and KCP and govern your use of the Site and any services offered through the Site. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and KCP.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  KCP reserves all legal rights and remedies available to it and these disclaimers shall in no way be deemed a limitation or waiver of any other right we may have.

These Terms of Use and the relationship between you and KCP shall be governed by, and construed and enforced in accordance with, the laws of the State of Massachusetts without regard to its conflict of law provisions. You irrevocably consent to the personal and exclusive jurisdiction of the federal and state courts located within the State of Massachusetts for the resolution of any disputes arising out of or relating to this Agreement, these Terms of Use or the Site.

You agree that, except as expressly provided herein, there shall be no third party beneficiaries of these Terms of Use and the agreements contained herein.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Unless otherwise indicated, all material on this site © Copyright 2013 KCP Advisory Group LLC.  All rights reserved.