AGREEMENT BETWEEN USER AND www.kbro.com
The www.kbro.com Web Site is comprised of various Web pages owned and operated by Kaufman Bros., L.P. and its affiliates.
The www.kbro.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the www.kbro.com Web Site constitutes your agreement to all such terms, conditions, and notices.
MATERIALS PROVIDED TO www.kbro.com OR POSTED AT ANY www.kbro.com WEB SITE
www.kbro.com does not claim ownership of the materials you provide to www.kbro.com (including feedback and suggestions) or post, upload, input or submit to any www.kbro.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting www.kbro.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. www.kbro.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in www.kbro.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE www.kbro.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. www.kbro.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE www.kbro.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE www.kbro.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
www.kbro.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE www.kbro.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. www.kbro.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL www.kbro.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE www.kbro.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE www.kbro.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE www.kbro.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE www.kbro.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF www.kbro.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE www.kbro.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE www.kbro.com WEB SITE.
www.kbro.com SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION OR MATERIALS PROVIDED TO www.kbro.com OR POSTED AT ANY www.kbro.com WEB SITE. www.kbro.com IS DESIGNED FOR INSTITUTIONAL CLIENTS, NOT INDIVIDUALS, AND AS SUCH, IS NOT DESIGNED TO PROTECT CONSUMER PRIVACY. INDIVIDUALS WHO PROVIDE MATERIALS TO www.kbro.com OR WHO POST PERSONALLY IDENTIFYING INFORMATION AT ANY www.kbro.com WEB SITE ASSUME ALL RISKS ASSOCIATED WITH ANY PUBLIC DISCLUSURE OF SUCH INFORMAITON. www.kbro.com SHALL RETAIN SOLE DISCRETION OF WHETHER TO USE ANY AND ALL INFORMATION PROVIDED TO www.kbro.com OR POSTED AT ANY www.kbro.com WEB SITE.
SERVICE CONTACT : lmaino@kbro.com
TERMINATION/ARBITRATION/MISCELLANEOUS
www.kbro.com reserves the right, in its sole discretion, to terminate or restrict your access to the www.kbro.com Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts and arbitration proceedings in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the www.kbro.com Web Site. All disputes arising out of or related to or involving www.kbro.com shall be heard and determined by final and binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association unless any claim exceeds $50,000, in which event the entire case shall be heard and determined by three arbitrators, under the Federal Arbitration Act in New York, New York. Judgment upon the arbitration award may be entered in any court of competent jurisdiction. The substantive law of New York shall be applied in resolving any such dispute.
Use of the www.kbro.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.kbro.com as a result of this agreement or use of the www.kbro.com Web Site. www.kbro.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of www.kbro.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.kbro.com Web Site or information provided to or gathered by www.kbro.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and www.kbro.com with respect to the www.kbro.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and www.kbro.com with respect to the www.kbro.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.