Registered User Information

Privacy
KITE Partners is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data.

By registering with or using KITE Partners Services, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by KITE Partners.

Limitations on Service
While it is our goal at KITE Partners to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the KITE Online Platform and all Content and services on it are provided strictly on an ‘as is’ basis. By accepting these Terms of Service, you agree that neither KITE Partners nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.

KITE Partners reserves the right to change or discontinue, either temporarily or permanently, any part of the KITE Online Platform or any or all of its services at any time and without prior notice. You agree that neither KITE Partners nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

Intellectual Property
All information and Content available on the KITE Online Platform and its “look and feel”, except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of ITM Platform, its affiliates, partners or licensors, or is used with consent of the owner.. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the KITE Online Platform or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.

The trademarks, service marks, logos, and other indicia, including of KITE Partners (collectively the “Trademarks”) which appear on the KITE Online Platform are registered and/or unregistered trademarks of KITE Partners and others. Nothing contained on the KITE Online Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of KITE Partners or such third party as may be appropriate. All rights are expressly reserved and retained by KITE Partners. Your misuse of any of the Trademarks displayed on the KITE Online Platform, or any other Content on the KITE Online Platform, except as provided in these Terms Of Service, is strictly prohibited. You are also advised that KITE Partners considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.

Both the KITE Online Platform and the Content of the KITE Online Platform are provided “AS IS” for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KITE Partners reserves all rights not expressly granted in and to the KITE Online Platform and the Content. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through the KITE Online Platform for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of the KITE Online Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KITE Online Platform or the Content thereon. KITE Partners does not make any representations or warranties, whether express or implied, regarding or relating to the KITE Online Platform or any associated hardware or software, including the Content or operations of either.

General

Disclaimers
NONE OF KITE PARTNERS, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘KITE PARTNERS PARTIES’) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE KITE ONLINE PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE KITE PARTNERS PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE KITE ONLINE PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE KITE ONLINE PLATFORM A SOLELY AT YOUR OWN RISK.

KITE PARTNERS PROVIDES THIS KITE ONLINE PLATFORM AS A RESOURCE FOR USERS INVOLVED WITH INVESTING IN EARLY STAGE TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT KITE PARTNERS DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING THE KITE ONLINE PLATFORM. KITE PARTNERS DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. KITE PARTNERS DOES NOT MAKE INVESTMENTS. EACH USER OF THE KITE ONLINE PLATFORM MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON HIS OR HER PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. KITE PARTNERS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE KITE ONLINE PLATFORM. AS A CONDITION TO YOUR USE OF THE KITE ONLINE PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE KITE PARTNERS PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE KITE ONLINE PLATFORM.

KITE PARTNERS DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY. IN NO EVENT SHALL ANY KITE PARTNERS PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY’S USE OR INABILITY TO USE THE KITE ONLINE PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE KITE ONLINE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A KITE PARTNERS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE KITE PARTNERS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

At KITE Partners’s request, User agrees to defend, indemnify and hold harmless KITE Partners, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the KITE Online Platform or breach of this Agreement by User.

Termination

KITE Partners reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the KITE Online Platform at any time and without notice in it sole discretion. Entire Agreement/Severability The Terms of Service, together with the Privacy Notice and any other legal notices published by KITE Partners on the KITE Online Platform, shall constitute the entire agreement between you and KITE Partners concerning the KITE Online Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KITE Partners’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Arbitration

You agree that: (i) the KITE Online Platform shall be deemed solely based in Madrid, Spain; and (ii) the KITE Online Platform shall be deemed a passive website that does not give rise to personal jurisdiction over KITE Partners, either specific or general, in jurisdictions other than Madrid. These Terms of Service shall be governed by the internal substantive laws of the State of Spain, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in Madrid, Spain under the rules of commercial arbitration of the Spanish Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Modifications to the Terms of Service

KITE Partners may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the KITE Online Platform. KITE Partners will provide at least 10-days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the KITE Online Platform.

USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND KITE PARTNERS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND KITE PARTNERS RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.

Should you have any questions concerning these Terms Of Service, please email info@kiteinvest.com