KFTG Associates, LLC. (“KFTG”, “we”, “us” or “our”) respects and is committed to protecting the privacy of its users (“user”, “your” or “you”) through our compliance with this Privacy Policy (this “Policy”). This Policy also serves to help you better understand the types of information we may collect from you or that you may provide when you visit the KFTG website (our “Website”), how we use that information, and with whom we may share a limited portion of that information. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use our Website and, unless you agree to this Policy, you may not use our Website and any use of our Website without agreeing to this Policy is unauthorized and fully prohibited. By disclosing to us any personal information, by indicating or clicking to indicate that you accept or agree to this Policy when such option is available to you or required of you or by just using or accessing our Website, you are agreeing to the terms of this Policy and may only use our Website if and only if you agree to this Policy in full.
1. General electronic contact and communication with us:
If you contact us through our Website or through email, text, or other electronic medium, we may store your contact information and any other information you provide to us in such a communication.
2. Order information you give us:
If you place an online order, our order form requests contact, billing, and financial information (such as your credit card numbers for purchases). We may use contact information from the order form (email address, name, billing address, shipping address, and phone number) to send orders, information about your orders, and information about our business to you.3. Account information:
If you create an account with our Website, your login information is stored with any other information you associate with your account.4. Information we collect automatically:
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including, without limitation, information regarding (i) details of your visits to our Website, including, without limitation, traffic data, location data, logs and other communication data, and the resources that you access and use on the Website and (ii) information about your computer and internet connection, including, without limitation, information about your IP address, operating system, and browser type.
The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Doing so helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.
The technologies we use for this automatic data collection are similar to many other websites, including those that are similar to our Website and may include the use of the following:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
· Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see “What choices can I make about how KFTG uses or discloses my information?”.
· Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on any of our Websites or on or through any features available on or register on our Website, make any purchases through our Website, use any of the interactive or public comment features of our Website or provide any information about yourself to us, including, without limitation, your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Info@adopadvisors.com.
Some content or applications on our Website may be served by third-parties, including, without limitation, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including, without limitation, personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use the information we collect in the ways outlined below:
1. Third-party service providers:
We work closely with other companies and individuals to facilitate transactions and better your experience. Examples of third-party service provider services include shipping orders, analyzing data, providing accurate search results and links, and processing credit card payments. Any sharing of your information with third-parties is done to help us improve your customer service experience. We do not sell your personal information to any third-parties.
2. In connection with the sale or merger of KFTG or our business:
We may disclose information collected from you to any subsidiaries or affiliates or to a buyer or a potential buyer or successor entity in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KFTG’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by KFTG about our Website users is among the assets transferred.
3. Other business purposes:
We also may use information you provide to us for the following business purposes:
· To present our Website and its contents to you.
· To provide you with information, products, or services that you request from us.
· To fulfill any other purpose for which you provide us information.
· To provide you with notices about your account.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Website or any products or services we offer or provide though it.
· To allow you to participate in interactive features on our Website.
· For any other purpose with your consent.
4. Legal proceedings:
We may also disclose your personal information to comply with any court order, legal process, governmental regulatory request; to enforce or apply our terms of use, terms of sale, or this Policy; for billing and collection purposes; or if we believe disclosure is appropriate to protect the rights, property, or safety of one or more of KFTG, our officers, manager, members, employees, owners, agents, or customers.
If you are a registered user, you may log into your account and view or modify the account information on file, including personally identifiable information, recent orders, and payment settings.
You may also send an email to us at Info@adopadvisors.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We therefore ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
· Promotional Offers from Us. If you do not wish to have your email address or other contact information used by us to promote our own or third parties' products or services, you can opt-out by, as applicable, checking the relevant box located on the form on which we collect your data (e.g., the order form/registration form) or by sending us an email stating your request to Info@adopadvisors.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. Please note that this opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience, or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
It is our policy to post any changes we make to this Policy on this page with a notice that this Policy has been updated on the home page of our Website. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date this Policy was last revised is identified at the top of the page. You are solely responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.
To ask questions or comment about this Policy, our privacy practices, or to opt-out, please contact us at:
Info@adopadvisors.com
or via our number: (212) 655-9881
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Although we do not currently disclose personal information to third parties for their direct marketing purposes, you may make inquiries about our disclosure of personal information for third parties, and, to make such a request, please send an e-mail to [email address] or write us at: 2519 35th Street, Apt. 1A, Astoria, New York 11103.
Welcome to the [KFTG Associates] website (this “Site”). These Website Terms of Use (these “Terms of Use”) set forth the agreement between KFTG Associates LLC (“KFTG”, “we”, “us”, or “our”) and each user (“user”, “your” or “you”) governing the access and use by you of this Site whether as a guest or a registered user. PLEASE READ THESE TERMS OF USE CAREFULLY AND FULLY BEFORE USING THIS SITE.
By disclosing to us any personal information, by indicating or clicking to indicate that you accept or agree to these Terms of Use when such option is available to you or required of you or by just using or accessing this Site, (i) you agree that you have read and understand these Terms of Use, (ii) you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is available here [INSERT URL FOR PRIVACY POLICY] and is incorporated herein by reference, and (iii) you accept and agree to abide by all laws, rules and regulations applicable to the subject matter of these Terms of Use. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE AND MUST LEAVE IMMEDIATELY. ANY USE OF THIS SITE WITHOUT AGREEING TO THESE TERMS OF USE IS UNAUTHORIZED AND FULLY PROHIBITED.
By using our Site, you represent and warrant that you are at least 13 years of age or older and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use and reside in the United States of America or any of its territories or possessions. This Site is not intended or designed to attract users under the age of 13. We do not collect personal information from any person under the age of 13. If you are under the age of 13, you are not permitted use this Site or to disclose or send to us any personal information.
All information we collect on this Site is subject to our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY]. By disclosing to us any personal information, by indicating or clicking to indicate that you accept or agree to these Terms of Use, the Privacy Policy, or both when such option is available to you or required of you or by just using or accessing this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We may revise and update these Terms of Use from time to time in our sole and absolute discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Site thereafter; provided, however, that any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on this Site.
Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes in the revised Terms of Use. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Although we may provide you with notices from time to time about changes to these Terms of Use, we are not obligated to do so and may do so from time to time or not at all at our sole and absolute discretion to the fullest extent permitted under applicable law.
We reserve the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole and absolute discretion with little notice or no notice at all. We will not be liable if for any reason all or any portion of this Site is unavailable at any time or for any period. From time to time, we may also restrict or block access of users, including, without limitation, registered users, to some portions or the entire Site in our sole and absolute discretion. We may also restrict or block access to this Site based on certain characteristics of general visitors to this Site such as visitors’ IP addresses or how they might be attempting to access this Site, the servers hosting it, or the frequency of connections to this Site.
1. Making all arrangements necessary for you to have access to this Site.
2. Ensuring that all persons who access this Site through your internet connection are aware of these Terms of Use and comply with them.
To access this Site or some of the resources it offers, we may ask or require you to provide certain registration details or other information. It is a material condition to your continued permission to use this Site that all the information you provide on this Site through account registration or otherwise is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on this Site, is governed by our Privacy Policy [INSERT AS LINK TO WEBSITE’S PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable or disable access to any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.
You acknowledge and agree that this Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are, to the fullest extent possible, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Site, except as follows:
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display or speed enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of this Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must NOT:
1. Modify copies of any materials from this Site.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices or symbols from copies of materials from this Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Site in breach of the Terms of Use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws, rules and/or regulations as well.
You may use this Site only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you further agree not to use this Site:
• In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any laws, rules, or regulations regarding the export of data or software to and from the US or other countries
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including, without limitation, any “junk mail”, “chain letter” or “spam”, or any other similar solicitation.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in these Terms of Use.
• To impersonate or attempt to impersonate KFTG Associates LLC, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site or our operation of this Site or our business, or which, as determined by us in our sole and absolute discretion, may harm us or users of this Site or expose them to liability or a risk thereof.
Additionally, you agree not to:
• Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including, without limitation, their ability to engage in real time activities through this Site.
• Use any robot, spider, or other automatic device, process or means to access this Site for any purpose without our prior written consent, including, without limitation, using any manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl”, or “spider” this Site or any related data or information contained within it or accessible on it.
• Without limiting the foregoing restrictions above, use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper operation or functioning of this Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to this Site, our business, other users, or any third party.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt all or any parts of this Site, the server on which this Site is stored, or any server, computer, or database connected to or accessible through this Site.
• Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper operation or functioning of this Site.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on, from, or through this Site infringe your copyright, you may request removal of those materials (or access to them) from this Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8. Our designated Copyright Agent to receive DMCA Notices is:
KFTG Associates, LLC
2519 35th Street, Apt. 1A
Astoria, New York 11103
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat copyright infringers.
This Site may include content provided by third parties, including, without limitation, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of KFTG Associates LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Site at any time and from time to time, but its content is not necessarily complete or up-to-date. Any material on this Site may be out of date at any given time, and we are under no obligation to update such material.
You may link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which we may withhold, delay, or withdraw at any time in our sole and absolute discretion.
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
• You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not: withhold, delay, or withdraw at any time in our sole and absolute discretion.
• Establish a link from any website that is not owned by you.
• Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing on any other website.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the “Content Standards” set out earlier in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice in our sole and absolute discretion.
We may disable all or any social media features and any links at any time without notice in our sole and absolute discretion.
If this Site contains links to other websites and resources provided by third parties, such links are provided for your convenience only and on an “AS IS”, “AS AVAILABLE” and “WHERE IS” basis. 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. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of this Site is based in the State of New York in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with any and all local laws, rules, or regulations that may be applicable in any such non-US jurisdiction.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses, malware, Trojan horses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. FURTHER, THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WHERE IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. NEITHER KFTG ASSOCIATES LLC NOR ANY PERSON ASSOCIATED WITH KFTG ASSOCIATES LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER KFTG ASSOCIATES LLC NOR ANYONE ASSOCIATED WITH KFTG ASSOCIATES LLC REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL KFTG ASSOCIATES LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, CONTRACTORS AND SUPPLIERS (EACH AN “KFTG ASSOCIATES PARTY”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF REASONABLY FORESEEABLE BY SUCH KFTG ASSOCIATES PARTY.
TO THE EXTENT THE FOREGOING LIABILITY LIMITATION IS UNENFORCEABLE IN ANY WAY, THE MAXIMUM LIABILITY OF AN KFTG ASSOCIATES PARTY IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, SHALL BE THE GREATER OF (I) THE MINIMUM LIABILITY THAT SUCH KFTG ASSOCIATES PARTY MUST BE SUBJECT TO UNDER APPLICABLE LAW AND (II) US$10.
The foregoing liability limitations do not affect any liability that cannot be excluded or limited under applicable law, rule, or regulation.
You agree to defend, indemnify, and hold harmless KFTG Associates LLC and each KFTG Associates Party from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, attorneys’ fees and other legal expenses) arising out of or relating to your violation of these Terms of Use or your use of this Site, including, but not limited to, your User Contributions, any use of this Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Site.
YOU AND KFTG ASSOCIATES LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THIS SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause another jurisdiction’s laws to apply.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOU AND KFTG ASSOCIATES LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED, CLASS OR REPRESENTATIVE PROCEEDING.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy and our Terms of Sale constitute the sole and entire agreement between you and KFTG Associates LLC with respect to this Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to this Site.
This Site is operated by KFTG Associates LLC, 2519 35th Street, Apt. 1A, Astoria, New York 11103.
All notices of copyright infringement claims should be sent to the copyright agent designated earlier in these Terms of Use under the heading “Copyright Policy – Reporting Claims of Copyright Infringement” in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to this Site should be directed to: Info@adopadvisors.com.
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