.:Statement on Privacy and Procedures
By accessing any area of this site, the user acknowledges this notice, and agrees to the terms and conditions, set out below. Except where stated otherwise, Kestrel Corporation shall be deemed to be the publisher of this Web Site. Except where stated otherwise, the term Web Site ("Web Site) used in this document shall be deemed to be a reference to all the Web Site content from the internet address at http://www.kestrelcorp.com . Kestrel Coporation, referred to in this document as the Commissioning Agent ("Commissioning Agent") shall be deemed to be a reference to the company or individual or organization who has commissioned Kestrel to publish the Web Site and who has supplied Kestrel with the Web Site content source materials including but not limited to written copy, graphical designs, databases, photographic images.
.:Trademarks and Copyrights
Unless indicated otherwise, Kestrel owns the copyright for this Web Site or is licensed to act as the Site Management Agent. In either case, Kestrel has been provided with source materials by the Commissioning Agent from which the Web Site content has been generated. Except where not applicable, the material contained on this site, including all portions of the Web Site, content, site design, text, graphics, and the selection and arrangement thereof are intended to be Copyright © Kestrel Coporation ALL RIGHTS RESERVED. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. No material from the Web Site or any web site owned, operated, licensed or controlled by Kestrel or its licensors, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Web Site only for the purpose of information. The use of any such material for any other reason, including on any other web site, or the modification, distribution or republication of this material without the prior written permission of Kestrel is strictly prohibited.
.:Disclaimer and Limitation of Liability
THE WEB SITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. NEITHER KESTREL NOR THE COMMISSIONING AGENT MAKES ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR ITS CONTENTS. Kestrel AND THE COMMISSIONING AGENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT Kestrel AND THE COMMISSIONING AGENT MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, LINKS ARE PROVIDED TO OTHER WEB SITES OVER WHICH Kestrel AND THE COMMISSIONING AGENT HAVE NO CONTROL. Kestrel AND THE COMMISSIONING AGENT PROVIDE NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST Kestrel AND THE COMMISSIONING AGENT WITH RESPECT TO SUCH WEB SITES. EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE, NONE OF KESTREL, OR THE COMMISSIONING AGENT OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
.:Products/Services sold through the web site.
BY USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT KESTREL COPORATION MAKES NO WARRANTIES OR REPRESENTATIONSREGARDING THE PRODUCTS/SERVICES OFFERED ON OR THROUGH THIS WEBSITE BY THE COMMISSIONING AGENT: THERE ARE NO WARRANTIES OR REPRESENTATIONSMADE REGARDING THE QUALITY OF THE PRODUCTS/SERVICES, THEIR AVAILABILITY, THEIR ADHERENCE TO LEGAL STATUTES OR THEIR COMPLETENESS. THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST KESTREL CORPORATION WITH RESPECT TO SUCH PRODUCTS/SERVICES. KESTREL CORPORATION AND THE COMMISSIONING AGENT RESERVE THE RIGHT TO LIMIT THE NUMBER OF SIMULTANEOUS WEB ACCESSES.
The user acknowledges that any content, offers, information, opinions (including without limitation, reviews) ("Content") he or she may provide to the Web Site becomes the property of the recipient, whether such recipient is Kestrel or the Commissioning Agent, including all copyright, without reservation, and user waives in favour of Kestrel or the Commissioning Agent any and all moral rights in such Content. The user acknowledges and agrees that all or any portion of the Content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind to the user. By submitting Content, the user automatically warrants that he/she has the full right and authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary right of a third party. Any Content expressed or made available by third parties, including any other user of the Web Site, are those of the respective third parties and not of Kestrel or the Commissioning Agent or its licensors, or any of their officers, directors, employees or agents. The owners and operators of the Web Site reserve the right to not publish, or to remove any Content that they deem in their sole discretion, to be inappropriate for the Web Site, for any reason whatsoever.
.:Governing Law and Jurisdiction
The Web Site (excluding linked web sites) is controlled by Kestrel Corporation from its offices within the city of Albuquerque, New Mexico, USA. The Web Site can be accessed from all provinces and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of New Mexico and the United States, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the State of New Mexico and the federal laws of the United States of America applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the State of New Mexico and the U.S.A. and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
The Web Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.