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Kilduff Group provides www.KilduffReport.com and its associated products and services, including but not limited to, The Daily Energy Overview (collectively “we”, the “Site” or “us”) to you, an individual user (“you”), on an AS-IS, AS-AVAILABLE basis, subject to the terms and conditions set forth herein:
We accept no liability for the loss of any information or for the failure of any feature or service of the Site to operate properly, nor any obligation to correct defects or errors, make the Site secure, virus-free, or be available at particular times or particular locations. We reserve the right to change or remove any content or service at any time, and to refuse service to any user determined by us, at our sole discretion, to have violated these terms of service or any applicable international, national, state or local law.
By accessing KilduffReport.com and/or using KilduffReport.com products and services, including without limitation any and all content available on or through the Site, you understand and agree that all information and material is for informational and educational purposes only. Neither KilduffReport.com, nor its staff, agents or affiliates, will be held liable for losses resulting from information or advice presented here; the use of such information is entirely at the risk of the user. The user understands that any information provided in this Site is based on sources believed to be correct and reliable, but we do not guarantee its accuracy, completeness or usefulness. No content available on this site should be considered a recommendation for any financial transaction or investment, nor should any content be assumed to be suitable for any specific person. Any investment advice is to be considered general in nature and not necessarily appropriate for every user. Furthermore, you understand that any investment in any security or market is subject to a number of risks, and that discussion of any such securities or markets on KilduffReport.com will not contain a list or description of relevant risk factors. KilduffReport.com staff, agents, affiliates and/or contributing writers may trade or hold positions in securities that are discussed in articles appearing on the website. Those positions may change without notice, and may be contrary to the opinions expressed on the site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this website, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KilduffReport.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website.
Disclaimer of Warranties
KilduffReport.com and its subsidiaries, employees, agents, affiliates, contributors and advertisers (collectively, “the Parties”), disclaim all express, implied or statutory representations or warranties of title, non-infringement, merchantability and fitness for a particular purpose with regards to any information or service provided. Without limiting the foregoing, the Parties assume no responsibility for objectionable content nor make any claim as to the quality, accuracy or usefulness of the content or services made available within this site.
Limitation of Liability; Indemnification
You acknowledge that the Parties will not be liable to you or any other person as a result of your access or use of the Site for indirect, consequential, special, incidental, punitive or exemplary damages, including, without limitation, lost profits, lost savings, and lost revenues, whether or not characterized in negligence, tort, contract or other theory of liability. The sole and exclusive maximum liability to KilduffReport.com for any damages or losses shall be the amount paid to KilduffReport.com by the user, if any, for access to this site. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You agree to indemnify, defend and hold the Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your activities in connection with the Site or any associated products or services.
This Agreement contains the final and entire agreement between you and KilduffReport.com regarding your use of the Site. You agree that this Agreement, as well as any and all claims arising from this Agreement, will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.