PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE
Kazio.co (“Kazio” “we,” or “us”) provides its web site, Kazio.co, located at https://kazio.co (the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
Agreement
By using the Site, you agree to be bound by our Terms of Use (the “TOU”). If you do not agree to the terms and conditions, please do not access or otherwise use the Site or any information contained herein.
Intellectual Property
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of Kazio.
User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In order to access some content on this Site, you will have to create an account. By creating this account you agree to the following:
- You may never share your account user name or password or knowingly provide or authorize access to your account;
- When creating your account, you must provide accurate and complete information;
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
- You must notify us immediately of any breach of security or unauthorized use of your account.
You will be liable for any use made of your account. Kazio has the right to terminate your access to the Site, in its sole discretion.
Disclaimer of Warranties
Although Kazio has taken all reasonable care that the information contained in this Site and Kazio’s newsletter (the “Newsletter”) is accurate at the time of publication, we cannot guarantee that the data, including but not limited to the statistics (derived from mutual fund filings with the Securities Exchange Commission) presented on the Site and in the Newsletter will be 100% accurate.
AS SUCH, THE INFORMATION IN THE SITE AND NEWSLETTER IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAZIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
KAZIO AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO STATEMENT OF KAZIO OR ITS AFFILIATES AND SUPPLIERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Limitation of Liability
Kazio, its affiliates, and its suppliers shall not be responsible or liable for any damages whatsoever including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive or other damages resulting from lost profits, lost data, or business interruption under any contract, warranty, tort, strict liability or other theory arising out of or relating in any way to the Newsletter, the Site or from the use or inability to use the web site, web site content, material, or site-related services contained within the web site. Your sole remedy for dissatisfaction with the Newsletter or Site, site-related services, and material contained within the Site or Newsletter is to stop using the Site, the Newsletter and Kazio’s services.
Dispute Resolution by Binding Arbitration and Class Action Waiver
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email support@kazio.co with your concern and Kazio will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay 50% of the filing costs, including arbitrator fees, but in no case more than the amount claimed in the Dispute. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
EXCEPTIONS
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
Miscellaneous
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire. The Terms of Use, together with all Kazio policies referred to herein, constitutes the entire agreement between you and Kazio relating to your use of the Site and supersedes and any all prior or contemporaneous agreements on that subject between us. The TOU, privacy policy and the relationship between you and Kazio are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You and Kazio agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Francisco County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
Additional Terms that Apply to Kazio Paid Subscriptions
By subscribing to Kazio (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. Kazio reserves the right to revise Subscription fees upon reasonable notice.
When subscribing to our Newsletter, you will need to provide us with your name, email address, and billing address, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site in accordance with the subscription plan you select. Sales taxes may be charged in addition to the subscription fee if your state imposes tax on such transactions. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.
You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, Kazio reserves the right to cancel your subscription.
Unless we notify you in writing otherwise, you are not permitted to share Content available through your Subscriptions.
Unless stated otherwise in writing, Subscription fees are non-refundable.
Kazio reserves the right to cancel a Subscription at any time. If we cancel a Subscription due to a breach of these Terms of Use you will not be eligible for any refund.
You may download the Kazio Newsletter to a desktop/computing device used solely for your individual use and not for any centralized, interdepartmental or shared use.
Once downloaded to your computing device, the Kazio Newsletter must remain on such computing device and may not be uploaded, copied or transferred to, or stored or managed in, any other desktop/computing device, including that of another user of the Site, or any device, directory, database or other repository that is shared or can be accessed by others.
Trial Terms, Automatic Billing and Cancellation Policy
Kazio may provide a free trial or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given three-year period unless otherwise stated in the offer.
Upon signing up for a free trial, you will have access to the Newsletter for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don’t cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process. You may contact us at support@Kazio.co to terminate your trial enrollment.
Your membership will automatically renew at the then-current rate, until you notify us of your decision to terminate your membership. Most subscriptions will renew monthly unless you choose a longer term subscription plan. If you would like to turn off automatic renewal, or change to a different subscription term, please contact support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. If you provided more than one card, the first card on file will be used.
Refunds
Please note that most refunds are only available to first-time subscribers. If you subscribe and cancel (and receive a refund) and then subscribe again, you will not receive a refund for the second subscription.
Transfer; Discontinuing a Service
You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact support.
No Personalized Advice
We want to help you make money. However, Kazio is not in the business of rendering personalized investment advice. We can’t know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular investment is suitable for you. Accordingly, you agree that inclusion of mutual funds in our Newsletter does not constitute a recommendation that particular funds are suitable for you. If you want personal advice, then you should seek a registered investment advisor.
We will not trade on your behalf at your brokerage. Only you can decide whether or not a fund is right for you and you agree to be liable for any trades you initiate at your brokerage.
You also agree that Kazio, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
