Terms of Use

Last updated: June 2018

 

1. Introduction

These Terms of Use (the “Terms”) written on this webpage shall manage your use of this Site (together with any materials presented herein). These Terms will be applied fully and affect to your use of this Site. By using this Site via any media or electronic device, including Internet, telephone and wireless devices, you agreed to accept all terms and conditions written in here in their entirety and without modification. You must not use this Site if you disagree with any of these Terms. KeyPoint Partners, LLC reserves the right to change these Terms without notice at any time.

 

KeyPoint Partners, LLC grants you a limited right to use the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.

 

News, views, opinions, recommendations and other information obtained from sources outside of KeyPoint Partners, LLC are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, KeyPoint Partners, LLC reserves the right to change or amend the information provided at any time and without prior notice.

 

Linked sites, "Hypertext links," and/or "hyperlinks," to or from other Internet sites may be included at times as a convenience to the user. KeyPoint Partners, LLC is not responsible for information on any third-party web site that is referred in, accessible, or connected by hyperlink to, the Site. If you access any third-party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with KeyPoint Partners, LLC.

 

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and any copyright or proprietary notices, including those contained in these Terms.

 

2. Intellectual Property Rights

Other than the content you own, under these Terms, KeyPoint Partners, LLC and/or its licensors own all the intellectual property rights and materials contained in this Site. You are granted limited license only for purposes of viewing the material contained on this Site. The Site is owned by KeyPoint Partners, LLC and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of KeyPoint Partners, LLC. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

 

You agree not to link directly to any image, graphic, text or other content on the Site, such as using an "in-line" linking method to cause the content to be displayed on another web site, or to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless in each case you have received the prior written consent of KeyPoint Partners, LLC. KeyPoint Partners, LLC may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time

3. Restrictions

You are specifically restricted from all of the following:

  • Publishing any Site material in any other media;

  • Selling, sub-licensing and/or otherwise commercializing any Site material;

  • Publicly performing and/or showing any Site material;

  • Using this Site in any way that is or may be damaging to this Site;

  • Using this Site in any way that impacts user access to this Site;

  • Using this Site contrary to applicable laws and regulations, or in any way may cause harm to the Site, or to any person or business entity;

  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site;

  • Using this Site to engage in any advertising or marketing.

Certain areas of this Site are restricted from being accessed by you and KeyPoint Partners, LLC may further restrict access by you to any areas of this Site, at any time, in absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality as well.

 

As a condition of your use of this Site, you warrant to KeyPoint Partners, LLC that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You will be responsible for any liability to KeyPoint Partners, LLC that arises out of your breach of these Terms or your use of the Site.

 

KeyPoint Partners, LLC has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.

4. No Warranties

This Site is provided “as available” and “as is,” with all faults. KeyPoint Partners, LLC disclaims all warranties with respect to the site that the law allows it to disclaim. We disclaim all representations and warranties, express or implied, of any kind with respect to the Site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Also, nothing contained on this Site shall be interpreted as advising you.

 

Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.

 

You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. KeyPoint Partners, LLC disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. As used herein, "Virus" means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

5. Limitation of Liability

In no event shall KeyPoint Partners, LLC (together with its affiliates and the members, directors, officers, employees, contractors, agents, advisers any consultants of any of the foregoing) be held liable for anything arising out of or in any way connected with your use of this Site whether such liability is under contract, connected to your use of this Site or your inability to access and/or use this Site. KeyPoint Partners, LLC (together with its affiliates and the members, directors, officers, employees, contractors, agents, advisers and consultants of any of the foregoing) shall not be held liable for any indirect, incidental, punitive, consequential or special damages or liabilities, arising out of or in any way related to your use of this Site. KeyPoint Partners, LLC liability with respect to the Site is limited to the maximum extent permitted by law. Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

This Site permits you to communicate electronically by sending an e-mail message to KeyPoint Partners, LLC and its employees. KeyPoint Partners, LLC shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to KeyPoint Partners, LLC or its employees.

6. Indemnification

You hereby agree to indemnify, defend and hold harmless, to the fullest extent, KeyPoint Partners, LLC and its affiliate, agents, employees and third-party sources from and against any and all liabilities, costs and expenses (including attorneys' fees), demands, causes of citation, damages, suits, losses, claims, arising from or in any way related to your use of the Site, your breach of these Terms or any representation, warranty or covenant made by you in these Terms; your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights; or any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.

7. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

8. Variation of Terms

KeyPoint Partners, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review these Terms on a regular basis.

 

9. Assignment

KeyPoint Partners, LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

10. Entire Agreement

These Terms constitute the entire agreement between KeyPoint Partners, LLC and you in relation to your use of this Site, and supersede all prior agreements and understandings.

 

11. Governing Law Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Nevada, and you consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Nevada for the resolution of any disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

 

If you have any questions related to these Terms, please contact us via the Contact Form on this website.

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Brookline Place

KeyPoint Partners, LLC, Managing Agent

One Brookline Place, Suite 125

Brookline, MA 02445

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Mon - Fri 6:00 am - 6:00 pm

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800-895-0731

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