Kayon Partners is providing this website, www.kayonaccelerator.com, as an information service. By accessing www.kayonaccelerator.com (the “Site”), or using the information, tools, and features located on it, you accept and agree to be bound by these Terms as they may be amended from time to time. It is your responsibility to be aware of, and to observe, these Terms and all applicable laws and regulations of any relevant jurisdiction.
We may terminate, change, restrict, suspend or discontinue any aspect of the Site, or your access to it, at any time without notice or liability to you.
BUSINESS PLANS AND OTHER INFORMATION PROVIDED BY YOU
We welcome unsolicited business plans. However, any information or materials that you consider trade secrets, confidential or proprietary should not be submitted to us. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential or proprietary and will not be returned or safeguarded. We reserve the right to turn down investment opportunities in our sole discretion. We receive many similar plans and ideas, and your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.
NO SOLICITATION OR INVESTMENT ADVICE
The purpose of this Site (including any portion of this Site available only to investors) is limited to providing you with general information on our services and philosophy. We do not render or offer to render investment advice through this Site. Nothing on this Site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. We may only transact business or render investment advice in those jurisdictions where we are appropriately registered and/or licensed or where we are otherwise excluded or exempted from registration and/or licensing requirements. There is no implication that any information contained on this Site is accurate or that there has been no change in such information since the date first posted. Certain places on this Site may contain information created and published by institutions or organizations independent of us. We do not endorse, approve, certify, or control these materials. In addition, we do not guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness or correct sequencing of information in any material on our website. Use of such information is voluntary, and reliance on it should be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Finally, reference in this Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by us.
As a convenience to you, we may provide links from this Site to websites operated by other entities, including websites of our portfolio companies and websites that publish blogs written by Kayon Partners’ personnel. We make no warranty or representation regarding any material or information in websites linked to or from this Site or any of the products or services described or offered for sale thereon, nor do we endorse or accept any responsibility for the information, material, products or services offered on such websites. The content published in blogs written by our personnel does not necessarily represent our positions, strategies or opinions, regardless of whether or not we provide links to these blogs on our Site. Links do not imply that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Kayon Partners or any of our affiliates.
KAYON PARTNERS "INSIGHTS" ARTICLES
The information set forth in the Kayon Partners “Insights” materials found on this Site is provided for informational and discussion purposes only and is not intended to be, and shall not be regarded or construed as, a recommendation for a transaction or investment or financial, tax or other advice of any kind. In addition, it does not constitute or imply any commitment whatsoever, including without limitation an offer to purchase, sell or hold any security investment, loan or other financial product or to enter into or arrange any type of transaction.
As between you and us, we own all rights, title and interest in and to this Site, all the content (including, without limitation, all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content. Your use of the Site does not grant to you ownership or title of, in, or to any Site Content or any other part of the Site.
Subject to these Terms, you may access, view, use and display the Site and Site Content on your computer or other Internet-capable device for your own, non-commercial purposes, provided that you comply fully with these Terms. You may not copy or display for redistribution to third parties any portion of the Site or the Site Content without the prior written permission of Kayon Partners.
We hold exclusive trademark rights to KAYON PARTNERS, KAYON EQUITY PARTNERS, KAYON GROUP, KAYON ACCELERATOR and the distinctive "K" logo. The trademarks associated with other companies that are published on our Site, including those of our portfolio and anti-portfolio, are owned by their respective owners. Trademarks, logos, service marks and trade names that are displayed on the Site may not be used unless authorized expressly on the Site, in these Terms, or by the applicable Trademark owner.
You expressly agree that your use of the Site and Site Content is at your sole risk. Neither we nor any of our directors, officers, employees, agents, or content or service providers warrant that use of the Site will be uninterrupted or error free. In addition, although the information provided to you on this Site is obtained or compiled from sources we believe to be reliable, neither we nor any of our directors, officers, employees, agents, or content or service providers make any warranty as to (i) the results that may be obtained from your use of the Site or Site Content, (ii) the accuracy, currency or completeness of the information on our Site, or (iii) the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, our Site.
The information, products and services on this Site are provided on an "AS IS" and "AS AVAILABLE" basis. We hereby disclaim any and all representations, warranties, and conditions, whether express or implied, including, but not limited to, those of non-infringement, merchantability, and fitness for a particular purpose.
LIMITATION OF LIABILITY
In no event, including, but not limited to, negligence, shall we, or any of our directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or Site Content, your provision of information or content via the Site, lost business or lost sales, even if such Protected Entity has been specifically advised of the possibility of such damages.
These Terms and our relationship with you shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms shall be brought in the appropriate court in the State and County of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located there. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and the other provisions of these Terms remain in full force and effect.