Terms of Service
KCM Analytics (“KCM”) provides users (“Users”) of the web pages located at kcmanalystics.com, stockfairvalue.com, etc. and their associated subdomains with a platform that provides a variety of services (“Services”), including but not limited to analysis and discovery of stock value. By using the Services, you're agreeing to be bound by these Terms and Conditions. If you don't wish to be bound by what we've written below, you should not register with KCM Analytics (“KCM”) or use the Services we provide. We may change these terms at any time. You can always find the most recent version of these Terms of Use at http://www.kcmanalytics.com/termsofuse. KCM may change these terms of use by posting a new version without notice to you. Use of KCM Modules or the KCM platform after such change constitutes acceptance of such changes.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES AREUNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Privacy
Your privacy is important to KCM. Please review our Privacy Policy, which also governs your use of the Service to understand our practices.
Intellectual Property
KCM is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics. You agree not to display or use any KCM intellectual property without KCM prior permission.
License and Use Restrictions
1. The KCM Services are the property of KCM and are licensed to you on a non-exclusive, non-sublicenseable basis on the terms and conditions set forth herin. These term s of use define the legal use of KCM Services, all updates, revisions, substitutions, and any copies of the KCM Services made by or for you. All rights not expressly granted are reserved by KCM.
a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the KCM Services and any updates provided by KCM (in its sole discretion) for your own commercial use or benefit. Your license and use of the KCM Services under these Terms of Services continues until it is terminated by either party.
b. YOU WILL use instructions provided in the KCM Services to place attribution identification information into any application or service you develop that incorporates or makes any use of the KCM Services. The identification information will be shared with KCM through any use of each such application.
c. YOU WILL NOT:
(i) use the KCM Services in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/ descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, nontransferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the KCM Services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the KCM Terms of Service
(iii) sell, lease, or sublicense the KCM Services or access thereto or derive income from the use or provision of the KCM Services, whether for direct commercial or monetary gain or otherwise, without KCM's prior, express, written permission; or
(iv) use the KCM Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the KCM Finance Module documentation, as determined by KCM in its sole discretion.
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the KCM Services or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in the KCM Services. In addition, You will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the KCM Services or any portion of the KCM Services for any purpose.
2. Ownership and Relationship of Parties. The KCM Services may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. KCM's rights apply to the KCM Services and all output and executables of the KCM Services, excluding any software components developed by you which do not themselves incorporate the KCM Services or any output or executables of the KCM Services. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. KCM owns all rights, title, and interest in and to the KCM Services. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by KCM, including (but not limited to) the KCM Services and KCM trademarks.
3. Support. KCM may elect to provide you with support or modifications for the KCM Services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. KCM may change, suspend, or discontinue any aspect of the KCM Services at any time, including the availability of any KCM Services. KCM may also impose limits on certain features and services or restrict your access to parts or all of the KCM Services or the KCM Web site without notice or liability.
4. Fees and Payments. KCM reserves the right to charge fees for future use of or access to the KCM Services or the KCM services and Web sites (collectively, "KCM Services Services") in KCM's sole discretion. If KCM decides to charge for the KCM Services Services, such charges will be disclosed to you in advance.
5. Disclaimer of Warranty. KCM Service is provided “as is,” with all faults,” and “as available.” KCM Services do not guarantee the accuracy or timeliness of information available from KCM services. User acknowledges that computer and telecommunications systems are not fault-free and occasional periods of downtime may occur. KCM does not guarantee the service will be interrupted, error-free, or that all data will be preserved.
a. AGAIN, KCM DOES NOT REPRESENT OR WARRANT THAT ANY KCM SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE KCM SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND KCM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF KCM SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY KCM SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Account, Password, Security
1. You will create/receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify KCM of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. KCM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or KCM has reasonable grounds to suspect that you have not, KCM has the right to suspend or terminate your account and refuse any and all current or future us of the Service. Membership Data and certain other information about you are subject to our Privacy Policy.
Limitation of Liability
KCM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE KCM SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT KCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL KCM BE LIABLE TO YOU FOR ANY AMOUNT.
Classification of Securities
KCM Services may classify securities into various categories based on KCM Financial Modules, including but not limited to “strong buy,” “buy,” “hold,” “sell,” and “strong sell.” These classifications do not represent recommendations and only represent the degree in which the fair value, based on the particular model, falls above or below the securities current trading price.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against KCM, and its subsidiaries, affiliates, officers, agents, licensors, cobranders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of KCM Services. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify KCM and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of KCM Services, including any liability or expense arising from all claims, losses, damages (actual and/ or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. KCM shall use good faith efforts to provide you with written notice of such claim, suit or action.
General
1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and KCM shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of KCM, express or implied, and you shall not attempt to bind KCM to any contract.
2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and KCM shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and KCM agree to submit to the personal jurisdiction of the courts located within the county of Volusia, Florida.
4. No Waiver of Rights by KCM. KCM's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between KCM and you with respect to the subject matter hereof