Terms and Conditions

Please read the following Terms and Conditions of Use carefully before you start to use the Website.

1. Terms

   By accessing www.kildarepartners.com (the "Website"), you are agreeing to be bound and abide by these website Terms and Conditions of Use ("Terms of Use") and our Privacy Policy found at http://www.kildarepartners.com/Privacy.html, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Website. The materials contained in this Website are protected by applicable copyright and trademark law. As such, any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

2. Use License

   • Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is a grant of a limited license, not a transfer of title, and all rights not expressly granted are reserved by Kildare Partners. Under this license grant you may not:
     
     • modify or copy the materials;
     • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
     • attempt to decompile or reverse engineer any software contained on the Website;
     • remove any copyright or other proprietary notations from the materials;
     • transfer the materials to another person or "mirror" the materials on any other server;
     • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
     • use any device, software or routine that interferes with the proper working of the Website;
     • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
     • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
     • otherwise attempt to interfere with the proper working of the Website.
   • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kildare Partners at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must at the option of Kildare Partners, return or destroy any downloaded materials or copies of materials in your possession whether in electronic or printed format.

3. Disclaimer

   • Your use of the Website, its content and materials obtained through the Website are provided "as is" and "as available". Kildare Partners makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kildare Partners does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or information on the Website or otherwise relating to such materials or information or on any sites linked to the Website. Neither Kildare Partners nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Website, its content or any services or items obtained through the Website will be reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
   • Further to 3(a), the information presented on or through the Website is made available solely for general information purposes. Kildare Partners makes no representations that transactions, products or services discussed on the Website are available or appropriate for sale or use in all jurisdictions or by all investors. Any reliance you place on such information is strictly at your own risk and you are responsible for compliance with local laws or regulations. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. If any statements and/or opinions are expressed in these third party materials, they are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Kildare Partners. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

4. No Advice or Offering

   Kildare Partners is not utilizing the Website to provide investment or other advice and no materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice. Neither the information, nor any opinion contained on the Website constitutes a solicitation or offer by us to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities law of each jurisdiction. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance.

5. Limitations

   IN NO EVENT WILL KILDARE PARTNERS, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY EVEN IF KILDARE PARTNERS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT OR DUE TO BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

6. Revisions and Errata

   The materials appearing on the Website could include technical, typographical, or photographic errors. Kildare Partners does not warrant that any of the materials on the Website are accurate, complete, or current.

7. Links

   If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Kildare Partners has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kildare Partners of that site. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

8. Site Terms of Use Modifications

   Kildare Partners may revise and update these Terms of Use for the Website at any time in our sole discretion and without prior notice. All changes are effective immediately when posted and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised or updated Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. As a result, by using this Website you are agreeing to be bound by the then current version of these Terms of Use.

9. Governing Law

   Any claim relating to the Website and these Terms of Use and any dispute arising therefrom or related thereto shall be governed and construed by the laws of the State of Delaware without regard to its conflict of law provisions.

10. Entire Agreement

    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Kildare Partners with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.