The information on this web site is private and confidential. Admission to this web site is conditioned on your acceptance of and agreement to the Disclosure and User Agreement below. Please read the Disclosure and User Agreement and indicate your acceptance or rejection of it. If you reject the Disclosure and User Agreement, you should not continue into this web site.
This web site is not intended as and does not constitute an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. Such an offer or solicitation can only be made by the confidential documents of a fund managed by KWK Management LLC. This information omits most of the information material to a decision whether to invest in such a fund. No person should rely on any information on this web site, but should rely exclusively on the documents in considering whether to invest in such a fund.
The content, advertising and financial market information accessible through this web site, including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the Information) is provided by KWK Management, LLC, a Delaware limited liability company, its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, partners, employees, affiliates and agents (collectively KWK Management, LLC). Your review or use of this information after accessing the web site constitutes your acceptance of this Disclosure and User Agreement (the Agreement).
The information provided by KWK Management, LLC is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by KWK Management, LLC. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by KWK Management, LLC to you or constitute the formation of an investment advisory relationship, or any other client relationship. It is strongly recommended that you seek outside advice from a qualified securities professional. KWK Management, LLC does not guaranty the suitability or potential value of any particular investment or information source. KWK Management, LLC may invest or otherwise hold an interest in companies or securities discussed on this web site. No information should be interpreted to state or imply that past results are an indication of future performance.
- MODIFICATION AND MONITORING OF WEB SITE
KWK Management, LLC reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice to you. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our web site pages. If you use this web site after we post changes to the terms, you accept the changed terms. KWK Management, LLC expressly reserves the right to monitor any and all use of this web site.
- LIMITS ON USE
The Information is the exclusive property of KWK Management, LLC and is protected by applicable disclosure and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of KWK Management, LLC. Any rights not expressly granted herein are reserved by KWK Management, LLC. You may not link other web sites to this web site without the express written permission of KWK Management, LLC. You may download one temporary copy of the Information into one single computers memory solely for your own personal non-commercial use and not for distribution, provided that all relevant disclosure, trademark and other proprietary notices shall be kept intact. You may not allow others to use your user name or password to access or use this web site. You agree to notify KWK Management, LLC immediately if you become aware of any loss or theft of your password or any unauthorized use of your password.
- DISCLAIMERS OF WARRANTIES AND LIABILITY
Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by KWK Management, LLC or any persons creating or transmitting the Information. News stories reflect only the authors opinion and not that of KWK Management, LLC.
YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED AS IS WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KWK Management, LLC AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF KWK Management, LLC OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, KWK Management, LLC OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
This site has links to other (third-party) internet sites which have not necessarily been screened or reviewed by KWK Management, LLC and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by KWK Management, LLC of the linked web site. KWK Management, LLC assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services. KWK Management, LLC and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.
- SUBMISSIONS TO THIS SITE
Any information, ideas, suggestions, communications or the like sent to KWK Management, LLC through this Web site are and will be treated as non-confidential and non-proprietary. You acknowledge and agree that KWK Management, LLC is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission. You represent and warrant the accuracy and originality of any submission communicated by you to KWK Management, LLC and agree to indemnify and hold KWK Management, LLC harmless from any claims or damages arising out of its accuracy, appropriateness and legality.
- TERMINATION AND CANCELLATION
KWK Management, LLC reserves the right to modify or terminate this site or any of these terms, and to terminate your access to this site, without notice at any time.
All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable disclosure and trademark laws and may not be used by you without express authorization. This web site is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.
- JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, KWK Management, LLC controls and operates this site from its offices within the State of California, United States of America.
KWK Management, LLC does not claim that materials in this site are appropriate or available for use in locations other than California. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. This site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this site is prohibited. Persons in respect of whom such prohibitions apply must not access this site.
Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
The laws of the State of California govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Court of the State of California in the City of California, or the United States District Court for the Southern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any action relating to these terms or the web site.
- BUSINESS CONTINUITY
KWK Management is committed to taking responsible steps to provide protection for essential activities and critical support services should a significant business disruption result from events such as power outages, natural disasters, or other situations. KWK Management established a Business Continuity Plan intended to protect assets, processes and investor data while enabling continued operation of critical functions during or immediately following a disruption.
In the case of a significant business disruption, please visit our website at www.kwkmgmt.com for updates and additional information.
Our Business Continuity Plan is tested annually and includes consideration for communication critical processes, personnel, technology, functions, and associated recovery times.
Our Business Continuity Program is subject to review by regulatory authorities. KWK Management continually assesses and updates our Business Continuity Plans. However, no contingency plan can eliminate all risk of service disruption. Our ability to resume critical functions is also dependent upon the Business Continuity Plans established by third parties, including custodians, vendors and utilities. Because we constantly upgrade our ability to recover, our Business Continuity Plan is subject to modification without notification.
Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.