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Website Terms of Use

Effective: June 6, 2023

 

This website and any other website that links to these Website Terms of Use (each a “Site” and together the “Sites”), is operated by Cash Flow Management, LLC doing business as Kinective and its affiliates (collectively, “Company,” “we” “us” or “our”). These Website Terms of Use (“Terms”) apply to each such Site. The Site may include our sites entered via tabs or portals accessible via LinkedIn® or other social sharing sites. These Terms do not apply offline and do not alter the terms of any other agreement that you may have with us or our affiliates. Your access to and use of a Site reflects your agreement to be bound by these Terms. We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using a Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.

  1. Use of Site Content. The Site may be used only for your personal, internal business or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Site or any content, information, software, products or services obtained from any Site without our prior written permission.You may display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

    You may not (a) decompile, disassemble or reverse engineer any Site or any portion thereof (including systems and software used to operate the Site), or (b) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems or social media or mobile platforms through any Site. You agree that you will not use any Site in any manner that could violate applicable laws or damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.

    Use of any of our Sites made available through a third-party social sharing platform is also subject to the platform’s applicable terms and conditions.

  2. Unsolicited Submissions. Any information, remarks, suggestions, ideas, graphics or material you submit to us regarding a Site, or your use of or experience with a Site in any manner, written or oral or digital, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes our property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation or notice to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
  3. Intellectual Property. We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon or therein, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property Company. The collective work may include works that are licensed to Company. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Company. Company does not grant any license or other authorization to use the Marks except through a separate written license agreement. Any trademarks or logos of our customers or partners are the property of our customers and partners and we reference them only for information purposes and make no claim to own or control such third party intellectual property.
  4. Linking. The Sites may contain links to other third party websites (not operated by us or our affiliates), which may be of interest to you. We are not responsible for the content of any third party websites linked to a Site. Your use of any other linked website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. Our linking to a third party website is not an endorsement of the website, its content or operator.
  5. Privacy Policy. Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to a Site. The Privacy Policy is hereby incorporated and made part of these Terms.
  6. Disclaimer. THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON AND THEREIN, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON ANY SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
  7. Limitation of Liability. IN NO EVENT SHALL WE (INCLUDING OUR AFFILIATES), OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE OR YOUR USE OR MISUSE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATED DOLLARS).BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
  8. Indemnity. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use or misuse of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
  9. Jurisdictional Issues. The Sites are operated out of the United States and our products, services, materials, offers, and information appearing on a Site are intended for U.S. users. Sites may not be available to users outside of the United States. We make no representation that materials or information on any Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on any Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
  10. Miscellaneous. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the federal and state courts in Wilmington, Delaware. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. BY USING A SITE, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE FOREVER BARRED. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign or delegate our rights and duties under these Terms to any party at any time without notice to you.
  11. Contact Us. If you have any questions about these Terms, please feel free to contact us at advisors@cfms4.com.