1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. Karson Management Bermuda Limited and its affiliates (collectively “KARSON”), which are the legal entities supporting the financing of the capital, reserve, liquidity and collateral needs of large regulated financial institutions), provides online access to information and resources (the “Service”). The Service is owned and operated by KARSON and is provided to users of the Service (the “Visitors”) under the terms and conditions posted from time to time by KARSON (collectively, the “Terms”).
.2. MODIFICATIONS TO TERMS. KARSON may change the Terms from time to time. Upon any change in the Terms, KARSON will post the amended Terms on this site. The amended Terms shall automatically become effective ten (10) days after they are posted on this site. The Terms were last revised on November 14, 2017.
3. MODIFICATIONS TO SERVICE. KARSON reserves the right to modify or discontinue the Service, or any features or portions thereof, temporarily or permanently, and is not obligated to support or update the Service. KARSON shall not be liable to any third party in the event that KARSON exercises its right to modify or discontinue the Service or any features or portions thereof.
5. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. Visitors may enter into correspondence with or participate in promotions of advertisers promoting their products or services on the Service (“Advertisers”). Such Visitors acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between Visitor and Advertiser. KARSON shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
6. LINKS. The Service may provide links to other web sites or resources. Visitor acknowledges and agrees that KARSON is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Visitor agrees that KARSON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
7. PROPRIETARY RIGHTS. Visitor acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, the arrangement of text and images on this web site, or other material contained in the Service or in sponsor advertisements or commercially produced information, presented to Visitor through the Service (collectively, “Content”) by KARSON or KARSON’s Advertisers, is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Visitor is only permitted to use this Content as expressly authorized by KARSON or the Advertiser, as applicable. The Terms do not transfer any right, title or interest in the Service or the Content to Visitor and Visitor may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by KARSON or the Advertiser.
8. DISCLAIMER OF WARRANTIES. VISITOR EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT VISITOR’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. KARSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KARSON MAKES NO WARRANTY THAT THE SERVICE WILL MEET VISITOR’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE; NOR DOES KARSON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
VISITOR UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT VISITOR S OWN DISCRETION AND RISK AND THAT VISITOR WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO VISITOR’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
KARSON MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY VISITOR FROM KARSON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO VISITOR.
9. LIMITATION OF LIABILITY. As a condition of participation, and in consideration of the Services provided by KARSON, Visitor agrees that neither KARSON, nor any officer, affiliate, manager, member, agent, or employee of KARSON will be liable to Visitor or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with, any of the following:
A. Reliance. The use of the Service by the Visitor, including but not limited to damages resulting from or arising from Visitor’s reliance on the Service, Content , or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Service,
B. Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the Service by Visitor or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party, and
C Force Majeure. Any delay or failure of KARSON to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond KARSON’s control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of KARSON and its manager, members, officers, affiliates, subcontractors, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
KARSON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO All VISITORS
10. SOFTWARE QUALITY. KARSON does not warrant that any information, software or other material accessible through the Service is free of viruses, worms, Trojan horses or other harmful components.
11. ACCESS AND INTERFERENCE. Visitor agrees that Visitor will not use any robot, spider, other automatic device, or manual process to monitor or copy the KARSON web pages or the Content contained herein without KARSON’s prior express written permission. Visitor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. The Content is proprietary or is licensed to KARSON by its users or third parties. Visitor agrees not to copy, reproduce, alter, modify, create derivative works, or publicly display any Content from this web site without the prior express written permission of KARSON or the appropriate third party.
12. TERMINATION. KARSON may terminate the Service with or without cause at any time and effective immediately. KARSON shall not be liable to any third party for termination of Service. Should Visitor object to any of the Terms or any subsequent modifications thereto or become dissatisfied with the Service in any way, Visitor’s only recourse is to immediately terminate use of the Service.
13. NOTICE. All notices to KARSON shall be in writing and shall be made via e-mail to firstname.lastname@example.org. Alternatively, notices to KARSON may be sent by regular mail, postage prepaid to KARSON’s address provided below. KARSON may also broadcast notices or messages, or other matters of importance, on this Web site; such broadcasts shall constitute notice to Visitor.
14. GENERAL. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. The waiver by either party of a breach or a default of any provision of the Terms by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. The Terms shall be governed by and construed in accordance with the laws of England, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Exclusive jurisdiction and venue for any litigation arising under this Agreement is in the courts of England. The Terms and any modifications thereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in the Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
15. ACKNOWLEDGMENT. By using the Service, Visitor acknowledges that (a) Visitor has read and understands the Terms; and (b) that the Terms have the same force and effect as a signed agreement.
Karson Management (Bermuda) Limited
P.O. Box HM 1937 | Hamilton HM HX | Bermuda