Kerrisdale Capital Blog (“KCB”) provides its website, located at http://www.kerrisdalecap.com/blog.php (the “Site”), free of charge to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein. By using the Site, you agree to be bound by our Terms of Use (“TOU”). If you do not agree to the terms and conditions contained in the TOU, we do not consent to provide you with access to the Site, and you should cease your use of it.
KCB is a public website that provides analysis of and commentary on the financial services industry and companies that engage in financial services, as well as general commentary. KCB is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided on our website is for general informational purposes only. No information on the site or linked sites is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the site should not be relied upon for purposes of transacting securities or other investments. KCB cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You, the user, bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
Important Securities Disclaimer: KCB is operated by an investment firm (the “Firmâ€). You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand and agree that, from time to time, outside contributing columnists or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made. In addition, outside contributing columnists may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more contributing columnists or their affiliates may have a position in the securities written about.
The Firm owns and operates the Site; the persons who contribute content to the Site are in most instances principals or employees of the Firm.
Use of the KCB website is covered by the following terms and conditions, which describe your rights and responsibilities fully. By using this website, you, the site visitor or user, agree to the following terms and conditions:
KCB may make available third party services linked through the websites subject to your compliance with the terms and conditions set forth in this Agreement. By using any of the sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use the sites. We will not be held liable for any outcomes subject to such activity.
This Agreement is made between KCB and you, the user of the site or linked sites. We reserve the right at any time to change the terms and conditions of this Agreement; change the site, including eliminating or discontinuing any content on or feature of any of the sites.
You agree and acknowledge that KCB is not an investment advisor. KCB makes available certain financial market data, quotes, news, research and opinions or other financial information that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers, and other providers or has been obtained by KCB. KCB does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the information made available through KCB, the information providers or any other third party transmitting information through KCB’s website. The market data is provided as is and on an as available basis. There is no warranty of any kind, express or implied, regarding the market data. We are not responsible for, and you agree not to hold us liable for, lost profits, trading losses or other damages resulting from inaccurate, defective or unavailable market data. You agree that neither KCB, the information providers nor the information transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the information, or for any decision made or action taken by you relying upon the information. You understand that none of the information available through KCB constitutes a recommendation or solicitation that you should purchase or sell any particular security. Research, analysis, news or other information made available through electronic channels (e.g., KCB) does not constitute an individualized recommendation to you to buy or sell a particular security. KCB does not give legal advice; and KCB does not give tax or estate planning advice.
You agree not to hold KCB liable for any trading losses, lost profits or other damages resulting from your use of any information KCB may provide, whether it is prepared by KCB or a third party.
KCB is provided to you solely for your own entertainment purposes. You may not sub-license, resell, or commercially exploit KCB materials without the express written consent of KCB, or use KCB or its materials for any unlawful purpose. You may use KCB for your private, non-commercial use only. KCB may deny you access to all or part of this service without notice if you engage in any conduct or activities that KCB believes in it sole and absolute discretion violates applicable law or any terms of this website.
You agree to indemnify, defend, and hold harmless KCB, its subsidiaries, affiliates, and their respective officers, directors, shareholders, members, agents, representatives, employees, successors and assigns for, from and against any and all liabilities, costs and expenses (including reasonable attorneys’ fees), related to any violation of the terms and conditions by you. If any portion of the terms and conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. KCB’s failure to insist upon or enforce strict performance of any provision of the terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the terms and conditions. KCB reserves the right in its sole discretion to change, modify, add or remove these terms and conditions in whole or in part and at any time.
By using the Site, you agree not to: restrict or inhibit any other user from using the Site, including, without limitation, by means of hacking or cracking or defacing any portion of any of the Site; use the Site for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent.
You further agree not to sell, sublicense, modify, translate or disassemble any portion of any of the Site; remove any copyright or other proprietary rights notices contained in the Site; frame or mirror any part of the Site; use any automatic device or process to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; collect information about Site users.
While using the Site you agree to comply with all applicable laws, rules and regulations.
KCB is solely directed to individuals residing in the United States. We make no representation that materials in the sites are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
KCB may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
