These terms and conditions of website access (“Terms”) are the entire agreement governing your access to, and use of, this website portal, including the information and functions contained or embodied therein (collectively, the “Website”). These Terms are between Kinetic Partners Management, LP (“Kinetic,” “we,” “our” or “us”) and you, and anyone authorized to access the Website on your behalf (collectively, “You”). By accessing the Website You accept and agree to be bound and abide by these Terms and our Privacy Notice, which is incorporated herein by reference, without any modification, limitation or qualification. If You do not accept these Terms, do not use the Website.
We hereby grant to You a limited, non-exclusive, non-transferable license to access the Website and use the services provided therein solely for internal business purposes and personal use only as permitted under these Terms (“Access Rights”). You understand and acknowledge that the Website and services are the property of Kinetic, and You may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the services, the Website, or any underlying software, technology, or other information, including any printed materials of the same, unless expressly authorized hereunder. Any use of third party software provided in connection with the Website will be governed by such third parties’ licenses and not by these Terms.
We reserve the right, in our sole discretion, to deny use of the Website to anyone for any reason. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate Your or any other party’s access to all or part of the Website, or change or discontinue any aspect or feature of the Website (including, without limitation, discontinuing the Website in its entirety); and that, without limitation of any other provisions of these Terms, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Website, services, and these Terms.
If You have a login and password for access to non-public areas of the Website, You are responsible for ensuring the security and confidentiality of Your credentials, and agree to take precautions to protect the confidentiality of your password and login credentials including not sharing those with any other person. You shall immediately notify Kinetic of any information or event that may compromise the security of the Website, including loss or compromise of Your login credentials. You agree to be responsible for any act or omission of any users who access the Website under Your account or using Your password that, if undertaken by You, would be deemed a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by You.
This Website may include (whether linked to the Website or incorporated therein) services, general news and information, commentary, research and other data supplied by companies that are not affiliated with Kinetic (“Third Party Content”). Kinetic has not been involved in the preparation or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content or services. Kinetic does not guarantee the accuracy, timeliness, completeness or utility of Third Party Content, and Kinetic shall not be responsible or liable for any such content or services. Your access to those other websites is at your own risk and is subject to their own privacy policies.
Under no circumstances should the Website, or any material contained therein, be used or considered as an offer to sell or a solicitation of an offer to buy or sell securities, any financial instrument or any interest in any investment fund sponsored or managed by Kinetic (each, a “Fund”). Any such offer or solicitation can and will be made only by means of the Confidential Private Offering Memorandum of each such Fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such Fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the Funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements and also subject to the selling restrictions set out in the relevant Confidential Private Offering Memorandum. This Website is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Kinetic makes no representations or warranties that the content of this Website is applicable or appropriate for use in any particular jurisdiction.
You expressly understand and agree that:
In no event will Kinetic be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising out of or in connection with your use of or access to (or inability to use or access) the Website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You. You will indemnify and hold Kinetic harmless from and against any claims brought against Kinetic as a result of any misrepresentation or breach by You of any of the provisions of these Terms.
California, USA, residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
For information, support or questions or to provide notice pursuant to these Terms, please contact us at: firstname.lastname@example.org.