These Terms were last amended as of: June 1 2013
On this page:
- Authorized Use, Users and Online Account Access
- Prohibited Uses and Means of Access
- Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring
- Copyright, Trademark and other Intellectual Property Rights
- Linking Policy
- Logo Use Policy
- Third Party Content Providers, Sites, Referrals, and Disclaimers
- Limitation of Liability
- Governing Law, Forum, Severability, and Miscellaneous
Authorized Use, Users and Online Account Access
Personal use. This Site is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing.
No solicitations. Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
No investment recommendations or professional advice; use of tools. This Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. While certain tools available on the Site may provide general investment or financial analyses based upon your personalized input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
Prohibited Uses and Means of Access
Prohibited Uses. Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any K2 server, or any network connected to any K2 server. You may not use the Site in any manner that would interfere with any other party's use of the Site.
Means of Access. The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 x 768 pixels or greater, such as Microsoft® Internet Explorer® 7.0 or above, Firefox® 3.0 or above, or Safari® 3.0 and above. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved by us.
Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring
Personal Information Transmission. Your use of the Site may involve the transmission of information, including personally identifiable data, about you. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the Site.
Unsolicited communications. We welcome your feedback about this Site and may use it to improve the Site. Should you provide unsolicited ideas, or material of any kind ("Communications") and we use it to develop or market products, services, content, tools or information, you agree that we can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.
Technically this means that you hereby grant K2 a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Site or elsewhere with no liability or obligation to you. K2 is free to use any ideas, concepts, know-how, or techniques obtained in your unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless we state otherwise on the Site, any Communications that you email or otherwise transmit through the Site can be treated by us as non-confidential and nonproprietary.
Copyright, Trademark and other Intellectual Property Rights
You acknowledge that this Site is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, except as explicitly authorized below or by us in writing.
Permitted uses. K2 grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which you are a user, for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the Site only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses. No other use of the Site is authorized unless you and we have agreed otherwise in writing.
Trademarks and copyrights. Our trademarks are listed in Franklin Templeton Trademarks. Other company product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any of the K2 or Franklin Templeton Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of K2, Franklin Templeton and/or the owner(s) of such other trademarks. All goodwill generated from the use of the K2 or Franklin Templeton Trademarks on any website will inure to our benefit.
The Site also contains text, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws (collectively, the "Proprietary Material"), owned by K2, Franklin Templeton, or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of K2, Franklin Templeton, and/or the relevant rights holder in writing.
Copyright Policy and Claims Procedure. We reserve the right to remove from our Site any content that is alleged to infringe someone's copyright. If you reasonably believe that your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please follow our Claims Procedure.
K2 Linking and Logo Use Policies. Use of K2 or Franklin Templeton logos or creating hyperlinks to our website is prohibited unless explicitly permitted by the linking policy below or authorized by us in writing. You may, however, create a link to our website that includes our logo as long as you accept and follow our Linking Policy and Logo Use Policy and such link, including logo, is for your personal and non-commercial use (unless we have agreed to other terms in writing).
We are granting a limited, revocable and nonexclusive right to create a hyperlink to this Site under these policies, and we may revise the Linking or the Logo Use Policies, or withdraw these permissions or your permission at any time, without prior notice.
- May link only to:
- The homepage of K2's public site (http://www.k2advisors.com)
- Must clearly show that the link is to the Website of "K2 Advisors.”
- May link to, but not replicate, K2 content, and the link must maintain the integrity of our layout, content, and "look and feel."
- Must not "frame" or create a browser or border environment or advertising around K2 content.
- Must not misrepresent its relationship with K2 (including suggesting that K2 is sponsoring, endorsing, or affiliated with it or its products and services).
- Must not present false information about, or disparage, K2 products or services, or otherwise diminish the goodwill in our name.
- Must only use the K2 or Franklin Templeton logos with permission or in compliance with the Logo Use Policy.
Logo Use Policy
A K2 or Franklin Templeton logo used by a third party on the internet in connection with an Authorized Link:
- Must be used solely for the purpose of providing an authorized link to the K2 or Franklin Templeton site.
- Must be the K2 or Franklin Templeton logo approved for this purpose and provided below, in this section.
- May not be altered in any way.
Instructions for downloading a K2 or Franklin Templeton logo in connection with an authorized link:
Highlight the image. When the menu pops up, select "Save this image as..." and save it to your desktop or other appropriate file.
Third Party Content Providers, Sites, Referrals, and Disclaimers
Not responsible for Third Party Content, referrals or links to third parties or third party sites. For informational or educational purposes, or as a service and convenience to you, this Site may provide referral information, Third Party Content or live links to a regulatory agency, non-profit organization, or other unaffiliated third party and their websites, including companies that have a relationship with K2.
Our decision to provide referral information to a third party or to pass on an offer made by a third party vendor or to provide a link from our Site to a third party site is not an endorsement of the third party, their products or services, or their website accessed through any such links. While we would generally only provide such information from, or links to, sources considered reliable, we do not have the resources to conduct independent investigations and accordingly we make no representations or warranties as to third party products, services, content, tools and information, and do not guarantee their accuracy, timeliness, completeness or usefulness. We advise and encourage you to do your own research. You will use Third Party Content only at your own risk.
Although Third Party Content may be displayed, framed-in or provided in a pop-up box on the Site, or available through a live link from our Site to a third party site, K2 does not prepare, edit, guarantee or endorse Third Party Content. By clicking on a link from our Site to any third party site, you will leave this Site (even if, for your convenience, a second browser window is opened). When viewing Third Party Content through such a link, keep in mind that the third party's site terms and conditions, privacy and security policies, or other legal information may be different from those of K2’s Site. We are not liable for any direct or indirect technical or system issues, consequences, or damages arising from your use of any third party website. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY, THEIR PRODUCTS OR SERVICES, THEIR WEBSITE, OR ANY CONTENT MADE AVAILABLE THROUGH SUCH THIRD PARTY SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT (OR ITS ACCURACY) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF K2, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "K2 PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE. NONE OF THE K2 PARTIES WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE K2 PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THIS SITE. PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU. ALL OF THE K2 PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE K2 PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
You are responsible for your connectivity. You agree that you are responsible for the means you use to access the Site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.
Mobile Devices. Be aware that the Site may not appear accurately on mobile devices or through other access methods, and you use them only at your own risk. K2 does not manufacture the devices or operate the wireless services. K2 disclaims any responsibility for the capabilities or reliability of any equipment or software used to access the Site. Your wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan.
Use of the Site may involve the electronic transmission of information across the networks of your wireless service provider. Because we do not operate or control the wireless networks used to access the Site, we cannot guarantee the privacy or security of wireless data transmissions. Additionally, for mobile phones, the browser is generally pre-configured by your wireless internet service provider. Check with your wireless service provider for information about their privacy and security practices.
K2 will not be liable to you if circumstances beyond our control prevent the transaction or interfere with the integrity of the transmission, including, without limitation, unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. K2 disclaims any responsibility for any wireless service used to access the Site.
Not responsible for third party damages. K2 also disclaims responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that K2 will not be responsible for any related damages.
No reliance on Data. Reasonable precautions have been taken to ensure that Site Content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including Third Party Content, we are unable to assure the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. K2 has no duty to update this Site or any Site Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.
Cautions about future or "forward-looking" statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
Internet email. We discourage you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.
Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE K2 PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRADODINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE K2 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE K2 PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY K2 PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE K2 PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE K2 PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
Governing Law, Forum, Severability, and Miscellaneous