Terms of Service | KAIN Capital

1. Introduction and Acceptance

Welcome to the website of KAIN Capital Management Inc. ("KAIN Capital," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the KAIN Capital website located at kaincapital.com (the "Website").

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes.

2. Definitions

"Content" means all text, graphics, images, logos, trademarks, audio, video, data, software, and other materials available on or through the Website.

"User" means any individual or entity that accesses or uses the Website.

3. Use of Website

3.1 Permitted Use

This Website is provided for general informational purposes only. You may access and view the Content on the Website for your personal, non-commercial use.

3.2 Prohibited Conduct

You agree not to:

Use the Website for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
Use any automated means, including robots, crawlers, or scrapers, to access or collect data from the Website
Interfere with or disrupt the Website or servers or networks connected to the Website
Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website without our express written permission
Transmit any viruses, malware, or other malicious code
Impersonate any person or entity or misrepresent your affiliation with any person or entity

4. Important Disclaimers

4.1 Not Investment Advice

THE INFORMATION PROVIDED ON THIS WEBSITE DOES NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, LEGAL ADVICE, TAX ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. Nothing on this Website should be construed as a recommendation to buy, sell, or hold any investment, security, or other financial product.

4.2 Not an Offer or Solicitation

Nothing on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, investment product, or investment strategy. Any such offer or solicitation will be made only by means of appropriate offering documents delivered to qualified investors in compliance with applicable securities laws.

4.3 No Professional Relationship

Your use of this Website does not create an investment advisory, fiduciary, or any other professional relationship between you and KAIN Capital Management Inc. You should consult with qualified professionals, including financial advisors, legal counsel, and tax advisors, before making any investment decisions.

4.4 Forward-Looking Statements

This Website may contain forward-looking statements that involve risks and uncertainties. Actual results may differ materially from those expressed or implied in such statements. We undertake no obligation to update any forward-looking statements.

4.5 Past Performance

Any references to past performance of investments or strategies are not indicative of future results. All investments involve risk, including the potential loss of principal.

5. Intellectual Property

5.1 Ownership

All Content on this Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, and software, is the property of KAIN Capital Management Inc. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

5.2 Trademarks

"KAIN Capital," "KAIN," the KAIN Capital logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KAIN Capital Management Inc. or its affiliates. You may not use such marks without our prior written permission.

5.3 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes. This license does not include the right to:

Modify or copy the Content
Use the Content for any commercial purpose
Remove any copyright or other proprietary notices from the Content
Transfer the Content to another person or "mirror" the Content on any other server

6. Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Access to any third-party websites is at your own risk.

7. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAIN CAPITAL MANAGEMENT INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
Warranties regarding the accuracy, reliability, timeliness, or completeness of any Content

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAIN CAPITAL MANAGEMENT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, punitive, or exemplary damages
Loss of profits, revenue, data, goodwill, or other intangible losses
Damages resulting from your access to, use of, or inability to use the Website
Damages resulting from any Content obtained from the Website
Damages resulting from unauthorized access to or alteration of your transmissions or data

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless KAIN Capital Management Inc., its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

Your access to or use of the Website
Your violation of these Terms
Your violation of any rights of any third party
Any content you submit to or through the Website

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, located in the Regional Municipality of Waterloo, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website. You waive any objection to the venue of any such proceeding.

12. Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us in writing and attempt to resolve any dispute informally for a period of at least thirty (30) days. Any notice of dispute must be sent to our contact address and must include your name, contact information, a description of the dispute, and the resolution you are seeking.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and KAIN Capital Management Inc. regarding your use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and KAIN Capital Management Inc.

13.6 Language

The parties have expressly requested that these Terms and all related documents be drafted in English. Les parties ont expressément demandé que cette convention et tous les documents connexes soient rédigés en anglais.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

KAIN Capital Management Inc.
55 Victoria St N, Unit J,
Kitchener, Ontario, Canada N2H 5B7

Use the contact form on our website and we will respond within 1-2 business days.