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CAS-DE-KAPA - TERMS OF USE AGREEMENT
NOTICE. The Casa-de-Kapa Web site (the “Web Site”) is
made up of various Web pages operated by Casa-de-Kapa Corporation (“Casa-de-Kapa”).
The Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions and notices contained herein (the “Terms and
Conditions”). Your use of the Web Site constitutes your agreement to all
such Terms and Conditions.
MODIFICATION OF THESE TERMS OF USE. Casa-de-Kapa reserves the right
to change these Terms and Conditions without notice. You are responsible for
regularly reviewing these Terms and Conditions. Your continued use of the Web
Site constitutes your agreement to all such Terms and Conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise
specified, the Web Site is for your personal and non-commercial use. You may
not modify, copy, distribute, display, perform, reproduce, publish, license,
create derivative works from, transfer, retransmit, or sell any information,
software, products or services obtained from the Web Site. You may not use any
computerized or automatic mechanism, including without limitation, any Web scraper,
spider or robot, to access, extract and/or download any information, including
without limitation, any currency exchange data, from the Web Site.
LINKS TO THIRD PARTY SITES. The Web Site may contain links to the Web
sites controlled or offered by third parties (non-affiliates of Casa-de-Kapa). Casa-de-Kapa
disclaims liability for any information, materials, products or services posted
or offered at any of the third party sites linked from the Web Site. By creating
a link to a third party Web site Casa-de-Kapa does not endorse or recommend any products
or services offered or information contained at such linked Web site, nor is
Casa-de-Kapa liable for any failure of any products or services offered or advertised
at such linked Web site. You are responsible for viewing and abiding by the
privacy statements and terms of use posted at such linked Web site. Any dealings
with third parties (including advertisers) included within the Web Site or participation
in promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such dealings or promotions are solely between you and the advertiser or other
third party. Casa-de-Kapa shall not be responsible or liable for any part of any such
dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE. As a condition for your use of the Web
Site, you agree that you will not use the Web Site for any purpose that is unlawful
or prohibited by these Terms and Conditions. The Web Site is not intended for
distribution to, or use by, any person or entity in any jurisdiction or country
where such distribution or use would be contrary to local law or regulation.
You may not use the Web Site in any manner which could damage, disable, overburden
or impair the Web Site, the networks connected to the Web Site, or interfere
with any other party’s use and enjoyment of the Web Site. You may not
attempt to gain unauthorized access to the Web Site, other accounts, computer
systems or networks connected to the Web Site by any means, including without
limitation, hacking or password mining. You may not obtain or attempt to obtain
any materials or information, including without limitation, any currency exchange
information, through any means not intentionally made available through the
Web Site, including without limitation, through the use of any Web scraper,
spider or robot.
USE OF COMMUNICATION SERVICES. The Web Site may contain bulletin board
services, chat groups, forums or other communication facilities designed to
enable you to communicate with others (collectively the “Communication
Service”). You agree to use the Communication Service only to post, send
and receive messages and material that are proper and, when applicable, related
to the Communication Service. You may not use the Communication Service to defame,
abuse, harass, threaten or otherwise violate the legal rights of others. You
may not use the Communication Service to publish, distribute or disseminate
any inappropriate, profane, discriminatory, obscene, defamatory, indecent or
unlawful topic, message, material or information, or to advertise or offer to
sell or buy any goods or services. Casa-de-Kapa has no obligation to monitor the Communication
Service, however Casa-de-Kapa reserves the right to review materials posted to the
Communication Service and to remove any materials in its sole discretion. Casa-de-Kapa
reserves the right to terminate your access to the Communication Service at
any time, without notice, for any reason whatsoever.
MATERIALS PROVIDED TO Casa-de-Kapa. Casa-de-Kapa does not claim ownership
of any materials you provide to Casa-de-Kapa (including feedback and suggestions) or
post, upload, input, provide or submit to the Web Site for review by members
of the general public, or by members of any public or private group (each a
“Submission”). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Casa-de-Kapa and its agents permission
to use your Submission in connection with Casa-de-Kapa’s operation of the Web
Site and its other businesses, including without limitation, the right to copy,
distribute, transmit, publicly display, reproduce, edit, translate and reformat
your Submission, and to publish your name in connection with your Submission,
all without the payment of compensation to you in respect of any such use of
your Submission. You warrant and represent that you own, or otherwise control,
all of the rights to your Submission, including without limitation, the rights
necessary for you to post, upload, input, provide or submit your Submission.
NO RIGHT TO REDISTRIBUTE WEB SITE MATERIALS. You agree that you will
not redistribute, copy, amend, or commercially exploit any materials found on
the Web Site without Casa-de-Kapa’s express written permission, which permission
may be withheld in Casa-de-Kapa’s sole discretion.
PRODUCTS AND TOOLS.
For your convenience, Casa-de-Kapa may make available on the Web Site products, tools and utilities for use and/or
download (the “Tools“). Casa-de-Kapa does not make any assurances with regard to the accuracy of the
results or output that derives from such use of any such Tools. The Tools are copyrighted works of
Casa-de-Kapa and/or its suppliers, and are protected by copyright law and international treaty provisions.
If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the
terms of such end user license agreement, and you must agree to the terms and conditions of such
end user license agreement in order to install such Tool. If a Tool is not accompanied by a license
agreement, Casa-de-Kapa hereby grants to you a revocable, personal, non-transferable license to use such
Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any
reproduction, redistribution, reverse engineering or decompilation of the Web Site or the Tools is
expressly prohibited by law, unless such action is expressly permitted by the accompanying license
agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the
Tools, nor to export or re-export the Tools, directly or indirectly, to any countries that are subject to
USA export restrictions. You may not use the Tools to defame, abuse, harass, threaten or otherwise
violate the legal rights of others. You may not use the Tools in association with the sale of any
service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the
reasonable opinion of Casa-de-Kapa, would reflect negatively upon the reputation of Casa-de-Kapa, the Web Site or the Tools.
LIABILITY DISCLAIMER. THE TOOLS, WEB SITE AND ANY CONTENT OR SOFTWARE CONTAINED
THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED “AS IS”. EXCEPT TO
THE EXTENT REQUIRED BY APPLICABLE LAW, CASA-DE-KAPA MAKES NO WARRANTIES OR REPRESENTATIONS
OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS
OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS
OR WEB SITE, INCLUDING BUT NOT LIMITED TO ANY CURRENCY EXCHANGE RATES; (B) THE
RESULTS OBTAINED FROM THE USE OF THE TOOLS OR WEB SITE; AND (C) ANY INFORMATION
PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE TOOLS
OR WEB SITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CASA-DE-KAPA: (A) DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; AND (B) DOES NOT WARRANT THAT THE TOOLS OR WEB SITE OR ANY CONTENT
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE USE OF THE TOOLS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY
AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE TOOLS
OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY
UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) CASA-DE-KAPA IS NOT
LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION
OR PRICES (INCLUDING WITHOUT LIMITATION CURRENCY EXCHANGE INFORMATION) PUBLISHED
ON OR FURNISHED THROUGH THE TOOLS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF
THE TOOLS OR WEB SITE; (B) CASA-DE-KAPA SHALL HAVE NO LIABILITY ARISING FROM ORDERS,
INVESTMENT DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES (INCLUDING
FINANCIAL INSTRUMENTS AND CURRENCY) BASED ON INFORMATION PUBLISHED ON OR FURNISHED
THROUGH THE TOOLS OR WEB SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL CASA-DE-KAPA OR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS
BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES
UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF,
OR THE INABILITY TO USE, THE TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON,
EVEN IF Casa-de-Kapa HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED
WITH ANY TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS AND WEB
SITE.
INDEMNITY. You agree to indemnify and hold Casa-de-Kapa, its parent,
subsidiaries, affiliates, directors, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys’ fees, asserted
by any third party or arising out of your use of, or conduct on, the Web Site.
COPYRIGHT. The Web Site and Tools are protected by copyright
law and international treaty provisions and may not be copied or imitated in
whole or in part. No logo, trademark, graphic or image from the Web Site may
be copied or retransmitted without the express written permission of Casa-de-Kapa.
Casa-de-Kapa, and all associated logos are trademarks
or registered trademarks of Casa-de-Kapa and may not be copied or transmitted without
the express written permission of Casa-de-Kapa.
GENERAL. Your use of the Web Site shall be governed by all
applicable Federal laws of the United States of America and the laws of the
State of New York. Certain sections or pages of the Web Site may contain separate
terms or conditions. In the event of a conflict, the additional terms and conditions
will govern for those sections or pages. Your agree that your use of the Web
Site will not create any joint venture, partnership, employment or agency relationship
between you and Casa-de-Kapa. If any part of these Terms of Use is determined to be
invalid or unenforceable pursuant to applicable law including but not limited
to the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superceded by a valid
and enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms and Conditions shall continue in
effect.
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