Terms of Service

Description of the KITE Online Platform

KITE Partners provides resources and tools to Entrepreneurs and Accredited Investors seeking to evaluate and invest in early stage companies. We have built the KITE Online Platform to meet the needs of the Venture Capital, individual investor, and angel community.  KITE Partners does not review or verify any User content, and does not and cannot guarantee that any User content is accurate or complete.

KITE Partners  provides resources and tools to entrepreneurs seeking early stage from angel investors.

In order to use the KITE Online Platform, you must use a supported Internet browser. Additionally, you are required to register your User information with KITE Partners. KITE Partners does not provide internet access, and you are responsible for all fees associated with you internet connection.

Users

Entrepreneurs: If you are an Entrepreneur User, you may upload information about your business, including information you consider confidential and designate as confidential, and you may designate which Investors may see that information. Entrepreneur Users will be unable to search, seek or see Investors Users. Entrepreneur Users will have access to Investors Users, once contact has been initiated by the Investor User via chat, email or other contact outside of the Online Platform. Be aware that KITE Partners has no control over the actions of investors or other entrepreneurs. Also, though we take all reasonable steps in accordance with industry standards to prevent it, we cannot guarantee that the KITE Online Platform will never suffer from a software bug or a hacker attack that will allow unauthorised viewing of confidential material, or that any Investors is actually accredited.

Investors: If you are classified by KITE Partners as an Investor User you may have access to all entrepreneur’s confidential information and should use your discretion in how you handle that information. All Users will be overseen by an Administrator, who will determine membership and set rules and parameters as provided on the KITE Online Platform for those Users.

General Users: Certain portions of the KITE Online Platform will be visible to Users who have not registered as Entrepreneurs or Investors. Those Users, nevertheless, are bound by these Terms of Service. Entrepreneurs should be aware that information they provide that is not designated as confidential will be visible to all Users.

KITE Partners shall have no obligation to participate or assist in any way in the event of any dispute between Users.

Notwithstanding the above or anything to the contrary set forth in the Terms of Service, KITE Partners shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, to delete any User Content, or to publish any User Content that is not confidential, including for the purposes of marketing KITE Partners and/or the KITE Online Platform.

License to Use

Subject to the terms of these Terms of Service, which constitute the agreement between KITE Partners and you, the User, KITE Partners grants to you a non-exclusive, revocable, nontransferable license to use the KITE Online Platform. All right, title, and interest in and to the KITE Online Platform (excluding User Content) is and will remain the exclusive property of KITE Partners and and/or its licensors.

Some of KITE Partners’s services are provided free of charge, while others are provided for a fee. Please contact KITE Partners (info@kiteinvest.com) for more information about our pricing.

Accredited Investors

KITE Partners does not certify or verify the self-accreditation of any of its Users. All Users of the KITE Online Platform are advised that KITE Partners does not take any steps to verify the information provided to us by the Accredited Investor, and does not and cannot guarantee that any investor actually qualifies as an Accredited Investor. Each User is solely responsible for conducting diligence on any Accredited Investor with whom that User interacts on the KITE Online Platform. Further, some of KITE Partners’s Users may be located outside of the United States. KITE Partners does not verify the compliance of any such Users with the applicable securities laws in their home jurisdiction and relies solely on their self-certification that they are in compliance with applicable laws.

Securities

Federal securities laws require that securities sold in the United States be registered with the Securities and Exchange Commission unless there is an exemption available under applicable law. “Securities” is a very broadly defined term under the United States securities law and will include most of the types of investment opportunities that are offered by early and growth stage ventures including, without limitation, promissory notes, convertible promissory notes, options, warrants, capital stock and other financial contracts that offer third parties a participation in profit-sharing or the potential growth of a business. The securities laws applicable to such private placements of securities are complicated and are currently in a state of flux due to certain changes adopted as part of the JumpStart Our Business Start-up Act of 2012 as to which rule making and implementation of the act by the Securities and Exchange Commission and the Financial Industry Regulatory Authority is ongoing. Such transactions are subject to both federal and state law and depending on the company involved and the location of the investors, may also be subject to foreign laws. To comply with certain provisions of applicable law necessary to qualify for exemptions from registration in the United States, there are limitations on the use of general solicitation or advertising. KITE Partners is not responsible for determining and makes no representation as to whether any use of the KITE Online Platform constitutes general solicitation or advertising under applicable law.

By using the KITE Online Platform you understand and agree that you will be solely responsible for complying with all applicable law regarding any transaction in which you may engage, including without limitation the determination of whether any investor is an Accredited Investor and whether any investment complies with the terms of any United States law ( or any law of any US state or foreign jurisdiction) or meets the criteria for any exemption from registration and/or disclosure available thereunder.

KITE Partners does not recommend any investments, does not verify or review User documents or communications, and does not give business advice, financial advice, investment advice, tax advice or legal advice. KITE Partners does not claim to be and is not registered as a broker-dealer and investment advisor. Nothing on this KITE Online Platform is intended to be or shall constitute or be construed as a sale or purchase or offer to sell or purchase or a recommendation of any securities.

Payment

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually in advance unless otherwise mutually agreed upon in writing. All payment obligations are non cancellable and all amounts paid are non refundable. You are responsible for paying for all User licenses ordered for the entire year, whether or not such User licenses are actively used. You must provide KITE Partners with a valid credit card or approved purchase order information as a condition to signing up for the KITE Online Platform.

Account

Eligibility
In order to access and use most of the KITE Online Platform, you must register for an account. If you are under the age of 18, please do not sign up for an account. Additionally, if you wish to use the KITE Online Platform as an investor, you must be an Accredited Investor and so represent to KITE Partners.

Limitations on Use

In order to best serve our Users, and to comply with applicable laws, KITE Partners has a limited number of rules which govern how you may behave while interacting with the KITE Online Platform and other Users. Please review the rules below carefully, since your violation of them may result in the termination of your access to the KITE Online Platform in KITE Partners’s sole discretion at any time and without prior notice.

Data Accuracy
We ask that any registration data you provide to KITE Partners is true, current and complete. In the event any of this information changes, please update it on your personal profile page. For details on how you can access your stored data, please refer to KITE Partners’s Privacy Policy.

Passwords

During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account. Please notify KITE Partners immediately if you suspect that an unauthorised person has accessed your account.

Compliance with Applicable Laws

You agree to use the KITE Online Platform only as provided for in these Terms of Service. You also agree not to use the KITE Online Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the KITE Online Platform for the transmission of any information that is obscene, libellous, harassing, abusive, threatening, invasive of a User’s privacy, or in violation of any other individual’s intellectual property rights.

Email

Please use the email features of the KITE Online Platform responsibly. You may not use the KITE Online Platform to send unsolicited commercial email (‘spam’) or unsolicited mass distribution of files. In order to enforce this provision, KITE Partners may establish additional policies regarding the use of email features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the KITE Online Platform in a manner that sends more request messages to KITE Partners’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KITE Partners grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. KITE Partners reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the KITE Online Platform, nor to use the communication systems provided by the KITE Online Platform for any commercial solicitation purposes.

If you receive any email through the KITE Online Platform that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to info@kiteinvest.com.

Privacy

A User may elect to make certain confidential, personal or private information viewable through the KITE Online Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that User. You agree not to collect or aggregate User information accessible through the KITE Online Platform for commercial use or redistribution, including the targeted marketing of non-KITE Partners services to individual Users. KITE Partners reserves the right to immediately terminate, without notice, the account of any User found to have violated this rule in the sole and absolute discretion of KITE Partners.

Prohibited Activities

In general, as a condition to your continued use of the KITE Online Platform, you agree that you will not use the KITE Online Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the KITE Online Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the KITE Online Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the KITE Online Platform or any KITE Partners Content or services that may appear on the KITE Online Platform and you may not impair in any way the integrity or operation of the KITE Online Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or wilfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to KITE Partners, our affiliates, partners or licensors.

By way of example, and not limitation, you agree not to:

Post, transmit, or otherwise make available through or in connection with your use of the KITE Online Platform:

Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libellous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.

Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”

Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment. Any unsolicited or unauthorised advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by KITE Partners in advance.

Any personally identifiable information of another individual, without the prior consent of such individual. Any material, non-public information about a company, without the proper authorisation to do so. Use the KITE Online Platform for any fraudulent or unlawful purpose.

Use the KITE Online Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the KITE Online Platform. Impersonate any person or entity, including without limitation any representative of KITE Partners or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the KITE Online Platform; or express or imply that KITE Partners endorses any statement you make.

Interfere with or disrupt the operation of the KITE Online Platform or the servers or networks used to make the KITE Online Platform available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the KITE Online Platform (including without limitation by hacking or defacing any portion of the KITE Online Platform).

Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the KITE Online Platform.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the KITE Online Platform.

Remove any copyright, trademark or other proprietary rights notice from the KITE Online Platform or materials originating from the KITE Online Platform.

Frame or mirror any part of the KITE Online Platform.

Create a database by downloading and storing KITE Online Platform Content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way KITE Online Platform Content or reproduce or circumvent the navigational structure or presentation of the KITE Online Platform without KITE Partners’s express prior written consent.

User Submissions

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to KITE Partners concerning the KITE Online Platform (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants KITE Partners full ownership of the Submission as if KITE Partners had created, developed and posted the Submission for its own purposes. KITE Partners reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with KITE Partners’s products or services. User also acknowledges that User Submissions will not be returned and KITE Partners may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; KITE Partners claims no right, title or interest such documents or communications.

If a User makes a Submission, the User represents and warrants that the User owns or otherwise control the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false email address, impersonate any person or entity, or otherwise mislead KITE Partners as to the origin of any Submission. The User agrees to indemnify KITE Partners for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.  The KITE Online Platform permits the submission of content or communications submitted by Users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. KITE Partners does not and will not claim any ownership over or rights to User Content other than a license to display it on the KITE Online Platform, but User understands that whether or not such User Content is published, though KITE Partners will seek to maintain the confidentiality of any data designated as confidential by a User, KITE Partners does not guarantee any confidentiality with respect to any User Content.  

User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. In connection with User Content , User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorise KITE Partners to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the KITE Online Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the KITE Online Platform and these Terms of Service.

By submitting the User Content to the KITE Online Platform, User hereby grants KITE Partners a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the KITE Online Platform and KITE Partners’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the KITE Online Platform (and derivative works thereof) in any media formats and through any media channels. In the event it does so, KITE Partners will seek to maintain the confidentiality of User Content consistent with the User’s designation, but once again cannot guarantee any such confidentiality. User also grants each User of the KITE Online Platform a non-exclusive license to access the User Content of that User through the KITE Online Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the KITE Online Platform and under these Terms of Service. The foregoing license granted by User terminates once User or KITE Partners removes or deletes any User Content from the KITE Online Platform.

User agrees that User will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner to post the material and to grant KITE Partners all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage KITE Partners or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

KITE Partners does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. KITE Partners does not knowingly permit infringement of intellectual property rights on its KITE Online Platform, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. KITE Partners reserves the right to remove User Content without prior notice. KITE Partners will also terminate a User’s access to its KITE Online Platform, if a User is determined to be a repeat infringer. KITE Partners also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KITE Partners may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

You understand that when using the KITE Online Platform, you may exposed to User Content from a variety of sources, and that KITE Partners is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content . You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KITE Partners with respect thereto, and agree to indemnify and hold KITE Partners, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the KITE Online Platform.