This website, including any content, functionality and services offered on or through www.kiancapital.com (the “Website”) is created and controlled by Kian Capital Partners, LLC (“Kian Capital”, “we” or “us”). By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use (“Terms”). If you do not want to agree to these Terms of Use, you must not access or use the Website.
Intellectual Property Rights
This Website and all pages and materials related therein, including but not limited to information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos messages, advertisements, and other content or materials that appear as part of this Website (collectively, the "Content") are subject to copyright, trademark, trade dress and/or other intellectual property rights owned, controlled, licensed or used with permission by Kian Capital. Except as specifically outlined below, nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark or copyright of Kian Capital or any third party. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content except for your own personal, non-commercial use.
No Warranties or Representations
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KIAN CAPITAL NOR ANY PERSON ASSOCIATED WITH KIAN CAPITAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KIAN CAPTIAL NOR ANYONE ASSOCIATED WITH KIAN CAPITAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE 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.
KIAN CAPITAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Disclaimer
The Content on the Website is provided for information purposes only. The Content is not intended to be and does not constitute financial, legal or tax advice or any other advice, and is general in nature and not specific to you. None of the information on our Website is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any product or fund. Kian Capital is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
Limitation of Liability
In no event shall Kian Capital (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit earnings, or lost opportunities, arising out of or in any way connected with (i) this Website, (ii) these Terms, (iii) any breach of these Terms by you or a third party, (iv) the use or performance of any product, fund or service, and/or (v) interaction between this Website and any third party website, including without limitation social media sites. These limitations and exclusions apply without regard to whether the damages are based on contract, tort, negligence, strict liability or otherwise even if Kian Capital has been advised of the possibility of damages.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED IN NORTH CAROLINA WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification
You agree to defend, indemnify and hold harmless the Kian Capital its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to any use of the Content, products, funds and services other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Third Party Websites and Applications
As a convenience to you, Kian Capital may provide, on this Website, links to websites and applications operated by other entities (“Linked Sites”). The inclusion of any link does not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such Linked Sites, or any representation regarding the content at such Linked Sites and we expressly disclaim any such endorsement or representation. In addition, these Linked Sites may have a privacy policy or security practices different from this Website so it is important to read the policies of the Linked Sites before sharing your personal information.
The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
Modification to the Website and Terms
Kian Capital reserves the right to make changes, modifications, additions, deletions and corrections to this Website, the Terms and any service or Content provided on the Website, at any time and without notice. Kian Capital may also withdraw access to this Website at any time without notice. From time to time, we may restrict access to some parts of this Website, or the entire Website.
Geographic Restrictions
Kian Capital is based in the United States and provides this Website for use only by persons located in the United States. Kian Capital makes no claims that this Website or any Content, information, products or services on or accessed through this Website are authorized, available, accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on our own initiative and you are responsible for compliance with local laws.
Privacy Protection
All information we collect on this Website is subject to our Privacy Policy at http://www.kiancapital.com/privacy-policy. By using this Website, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.
Feedback and Comments
While we are pleased to receive feedback, comments and questions from you, we want you to understand that any information that you submit through this Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any comments, questions, ideas, information, concepts, know-how or techniques or materials to us through this Website, you hereby grant us unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Kian Capital is free to use them for any purpose.
Governing Law
Any claim relating to the Website shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.
These Terms are effective as of January 1, 2024.
