Thank you for your interest in this website. Before accessing the site or any of the websites herein, please read the following terms and conditions carefully as they govern your use of the websites and their content. If you agree with the Terms and Conditions, click “I agree” at the end of this document. If you do not agree with these terms and conditions, Kabuse Inc. (heretoforinafter Kabuse or kabuse) and its affiliate companies mentioned in the sites cannot grant you the right to use the content on any of the websites below. A complete list of Kabuse’s group affiliates is available on request, and may be subject to change.
By clicking “I AGREE” at the end of this document, you indicate that you understand and intend these terms and conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such terms and conditions and agree to be legally bound by them.
This agreement (the “User Agreement”) governs the following websites operated by Kabuse:
• www.kabuse.com .net .co.uk .eu .org
(Each a “Website” and, together, the “Websites”).
This User Agreement contains the terms, covenants, conditions, and provisions upon which you (“You” or “User”) may access and use the Websites and their content, including (without limitation) the ratings and other opinions, displayed on any of the Websites. This agreement was last updated on 07 October, 2006.
Terms and Conditions
1. Grant of License. This User Agreement provides you with a personal, revocable, non-exclusive, non-transferable license to use the Websites conditioned on your continued compliance with the terms and conditions of this User Agreement. You may, on an occasional and irregular basis, print and download materials and information on a Website solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement (defined below), for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through a Website. Further, you may not post any content from a Website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Kabuse. You warrant to Kabuse that you will not use a Website for any purpose that is unlawful or prohibited by this User Agreement, including but not limited to attempting or actually (i) disrupting, impairing or interfering with a Website, (ii) collecting any information about other users of a Website, including passwords, accounts or other information, or (iii) systematically extracting data contained in a Website to populate databases for internal or external business use.
2. Intellectual Property Rights. All material contained on the Websites, unless otherwise indicated, is protected by law including, but not limited to, United Kingdom, United States, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Websites, their content, layout and design are the exclusive property of Kabuse or its licensors and, except as expressly provided herein, Kabuse does not grant any express or implied right in any such materials to you. The contents of the Websites are copyright © 2003, Kabuse Financial, Inc. and/or its affiliates. All rights reserved. In particular and without limitation, Kabuse owns copyright in the Websites as collective works and/or compilations, any and all databases accessible on any of the Websites, and in the selection, coordination, arrangement, and enhancement of the content of the Websites. Kabuse, Kabuse Financial, the Kabuse Logo, and all other names, logos, and icons identifying Kabuse and/or Kabuse products and services are proprietary marks of Kabuse or its licensors. Third party product and company names mentioned herein are the trademarks of their respective owners.
3. Privacy Policy. Please see Kabuse Privacy Policy for a summary of Kabuse personal data collection and use practices with respect to the Websites. By clicking “I AGREE” below, you consent to Kabuse collection and use of personal data as outlined therein.
4. Password Policy. Your use of certain portions of the Websites requires a password. As part of the registration process, you must select a member name and password and provide Kabuse with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Websites and the information available to you. Accordingly, you must keep your password secret. By agreeing to this User Agreement, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through a Website using your password. You will also immediately notify Kabuse if you become aware of any loss or theft of your Password or any unauthorized use of your password. Kabuse reserves the right to delete or change a password at any time and for any reason.
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Kabuse has endeavoured to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from a Website over the Internet cannot be guaranteed. Accordingly, Kabuse and Kabuse licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Websites, or for the consequences of any reliance on such information. Kabuse and Kabuse licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using any of the Websites.
6. Enforcing Security. Actual or attempted unauthorized use of any of the Website may result in criminal and/or civil prosecution. For your protection, Kabuse reserves the right to view, monitor, and record activity on the Websites without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Websites. Kabuse will also comply with all court orders involving requests for such information.
7. Links to Other Websites. Kabuse may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Kabuse and are maintained by third parties over which Kabuse exercises no control. Accordingly, Kabuse expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond Kabuse Control. You expressly absolve and release Kabuse and Kabuse licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism or governmental restrictions.
9. DISCLAIMERS. Kabuse obtains all information furnished on the Websites from sources believed by it to be accurate and reliable. You expressly agree that (a) the credit ratings and other opinions provided via any of the Websites are, and will be construed solely as, statements of opinion and not statements of fact as to credit worthiness or recommendations regarding credit decisions or decisions to purchase, hold or sell any securities or endorsements of the accuracy of any of the data or conclusions, or attempts to independently assess or vouch for the financial condition of any company; (b) each rating or other opinion will be weighed, if at all, solely as one factor in any investment or credit decision made by or on behalf of you; and (c) you will accordingly make your own study and evaluation of each credit decision or security, and of each issuer and guarantor of, and each provider of credit support for, each security or credit that you may consider purchasing, holding, selling, or providing. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters. Because of the possibility of human and mechanical error as well as other factors, the Websites and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind, and KABUSE AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE WEBSITES OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION. Kabuse makes no representation that materials in any of the Websites are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of a Website are illegal is prohibited. If you choose to access a Website from such locations, you do of your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by Kabuse or any of its employees or agents in respect of any of the Websites shall constitute a representation or a warranty unless such information or advice is incorporated into this User Agreement by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON A WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN A WEBSITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, KABUSE MAY MAKE MODIFICATIONS AND/OR CHANGES TO ANY OF IN THE WEBSITES OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN ANY OF THE WEBSITES AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON ANY OF THE WEBSITES.
UNDER NO CIRCUMSTANCES WILL KABUSE OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF KABUSE OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, KABUSE AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF A WEBSITE AND IT’S CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF KABUSE AND ITS LICENSORS AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF ANY WEBSITE AND ITS CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA SUCH WEBSITE PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) U.S. $100, whichever is less.
10. Indemnity. You agree to indemnify and hold harmless Kabuse, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of any of the Websites or any breach by you of this User Agreement.
11. Submissions. Kabuse also welcomes your feedback and suggestions about how to improve a Website. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through a Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Kabuse to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
12. Event Participation. You may register for any Kabuse hosted event (including briefings and teleconferences) from the relevant page located on a Website. If you are not already entitled to participate in a given Kabuse hosted event free of charge (for example, because you are a Kabuse research client and such event is included in your subscription fee), you may be required to pay the posted fee for each event you choose to attend at the time of registration, whether you self-register online, or a Kabuse employee registers you at your request by telephone or e-mail.
13. Governing Law. This User Agreement, including (without limitation) any disputes relating to the content of any of the Websites, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the United Kingdom, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
14. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this User Agreement, including any disputes relating to the content of any of the Websites, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the United Kingdom International Arbitration Rules, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be in London, United Kingdom. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the United Kingdom for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Kabuse may seek preliminary injunctive relief from a court of law in the event of a breach by you.
15. Term, Termination, Amendments. This User Agreement will take effect at the time you click “I AGREE” (indicating acceptance of these terms and conditions). Kabuse reserves the right at any time and for any reason to deny you access to any of the Websites or any portion thereof, and to terminate this User Agreement. Termination will be effective without notice. Please note that Kabuse reserves the right to change the terms and conditions of this User Agreement upon notice, which may be given by Kabuse posting such change on the Websites, by e-mail, or any other reasonable way. If a change is notified by a posting on the Websites, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Kabuse. Your continued use of a Website following notice of such modifications will be conclusively deemed acceptance of any changes to this User Agreement. You agree that notice of changes to this User Agreement on the Websites, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.
16. Waiver. Failure to insist on strict performance of any of the terms and conditions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Kabuse’s of any right under this User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
17. Nature of Relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Kabuse as a result of this User Agreement or your utilization of a Website. If any provision of this User Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this User Agreement shall continue in full force and effect.
18. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through a Website may be subject to separate written agreements with Kabuse’s (“Other Agreements”). Particular pages or features of a Website with content supplied by Kabuse or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between this User Agreement and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between this User Agreement and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, this User Agreement and Kabuse’s Privacy Policy represent the entire agreement between you and Kabuse with respect to your use of and material available on or through any of the Websites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Kabuse with respect to a Website. Any rights not expressly granted herein are reserved.
NEITHER KABUSE NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE SECURE INTERNAL DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER KABUSE NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, KABUSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL.
You agree that the foregoing terms and conditions shall survive any termination of your rights of access to the materials identified above.
20. Acknowledgement and Agreement. You hereby acknowledge that you have read this User Agreement, understand it and agree to be bound by its terms and conditions, and that this User Agreement may be executed by clicking “I AGREE” below. You also hereby acknowledge that you have read and understand the Privacy Policy and that by clicking “I AGREE” you consent to Kabuse’s use of your Personal Data set out therein (including, with respect to Users resident in the European Union, the transfer of your Personal Data outside the European Economic Area):
We will retain a copy of the User Agreement and Privacy Policy to which you agreed via e-mail at the time of your registration. If you would like a copy of either document e-mailed or sent to you at a later date, please contact:
Management
Kabuse Inc.
Po Box 809, West Bay, Grand Cayman, Cayman Islands, BWI.
Phone: +44-(0)-121-288-8568
Fax: +44-(0)-203-002-7220
E-mail: admin@kabuse.com
If you choose to contact Kabuse via e-mail regarding the User Agreement or Privacy Policy, respectively, please mark the subject heading of your e-mail “User Agreement Inquiry” or “Privacy Inquiry”.