TERMS AND CONDITIONS OF USE:
READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING
THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT
www.kaynefunds.com ("WEBSITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU
SHOULD NOT USE THIS WEBSITE.
KA FUND ADVISORS, LLC. RESERVES THE RIGHT TO CHANGE, MODIFY, ADD
OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE
SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH
CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU
ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED
CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS
MODIFIED.
DISCLAIMER:
Nothing contained on this Website constitutes tax, legal,
insurance or investment advice. Neither the information, nor any
opinion, contained on this Website constitutes a solicitation or
offer by KA Fund Advisors, LLC. ("KA Fund Advisors") or its
affiliates to buy or sell any securities, futures, options or other
financial instruments, nor shall any such security be offered or
sold to any person in any jurisdiction in which such offer,
solicitation, purchase, or sale would be unlawful under the
securities laws of such jurisdiction. Decisions based on
information contained on this Website are the sole responsibility
of the visitor. In exchange for using this Website, the visitor
agrees to indemnify and hold KA Fund Advisors, its officers,
directors, employees, affiliates, agents, licensors and suppliers
harmless against any and all claims, losses, liability, costs and
expenses (including but not limited to attorneys' fees) arising
from your use of this Website, from your violation of these Terms
or from any decisions that the visitor makes based on such
information.
BEFORE ACQUIRING THE SHARES OF ANY CLOSED-END FUND BY PURCHASE
OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND'S
PROSPECTUS.
The information and services provided on this Website are
provided "AS IS" and without warranties of any kind, either
expressed or implied. To the fullest extent permissible pursuant to
applicable law, KA Fund Advisors, LLC. disclaims all warranties,
including, but not limited to, any warranty of non-infringement of
third-party rights and any implied warranties of merchantability
and fitness for a particular purpose. KA Fund Advisors, LLC. does
not warrant, either expressly or impliedly, the accuracy or
completeness of the information, text, graphics, links or other
items contained on this Website and does not warrant that the
functions contained in this Website will be uninterrupted or
error-free, that defects will be corrected, or that the Website
will be free of viruses or other harmful components. KA Fund
Advisors, LLC. expressly disclaims all liability for errors and
omissions in the materials on this Website and for the use or
interpretation by others of information contained on the
Website.
FUND DISCLOSURES
SEC MATERIALS:
Certain information provided through this Website has been filed
with the Securities and Exchange Commission ("SEC") (such materials
being referred to as "SEC Materials"). The SEC Materials and other
public disclosures contained on this Website contain
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act, with respect to the future
financial or business performance, strategies or expectations of
funds managed by KA Advisors, LLC. Forward-looking statements are
typically identified by words or phrases such as "trend,"
"potential," "opportunity," "pipeline," "believe," "comfortable,"
"expect," "anticipate," "current," "intention," "estimate,"
"position," "assume," "outlook," "continue," "remain," "maintain,"
"sustain," "seek," "achieve," and similar expressions, or future or
conditional verbs such as "will," "would," "should," "could," "may"
or similar expressions.
KA Fund Advisors, LLC. cautions that forward-looking statements
are subject to numerous assumptions, risks and uncertainties, which
change over time. Forward-looking statements speak only as of the
date they are made, and KA Fund Advisors, LLC. assumes no duty to
and does not undertake to update forward-looking statements. Actual
results could differ materially from those anticipated in
forward-looking statements and future results could differ
materially from historical performance.
Please carefully consider each fund's investment objective,
risks, charges and expenses before investing. For this and other
information, call or write to KA Fund Advisors, LLC. for a free
prospectus or view one online. Read it carefully before you
invest.
An investment in a closed-end fund is not insured or guaranteed
by the Federal Deposit Insurance Corporation. It is possible to
lose money by investing in the fund.
TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY:
The content contained on this Website is owned or licensed by KA
Fund Advisors, LLC. and its third-party information providers and
is protected by applicable copyrights, trademarks, service marks,
and/or other intellectual property rights. Such content is solely
for your personal, non-commercial use. Accordingly, you may not
copy, distribute, modify, post, frame or deep link this Website,
including any text, graphics, video, audio, software code, user
interface design or logos. You may download material displayed on
this Website for your personal use provided you also retain all
copyright and other proprietary notices contained on the materials.
You may not distribute, modify, transmit, reuse, repost, or use the
content of this Website for public or commercial purposes,
including all text, images, audio, and video, without KA Fund
Advisors's written permission. Modification or use of the materials
for any other purpose violates KA Fund Advisors's intellectual
property rights.
All trademarks, service marks, trade names, and logos displayed
on this Website are proprietary to KA Fund Advisors, LLC. and/or
their respective owners. Nothing contained on this Website should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark displayed on this Website
without the written permission of KA Fund Advisors, LLC. or such
other third party that may own the trademark displayed on this
Website. Your use of the trademarks displayed on this Website,
except as provided herein, is strictly prohibited.
The use of the images displayed on this Website by you, or
anyone else authorized by you, is prohibited. Any unauthorized use
of the images may violate copyright laws, trademark laws, and the
laws of privacy and publicity, and communications, as well as other
regulations and statutes. If you download any information from this
Website, you agree that you will not copy it or remove or obscure
any copyright or other notices or legends contained in any such
information.
LINKS TO OTHER WEBSITES:
KA Fund Advisors, LLC. may establish links between this Website
and one or more websites operated by third parties. KA Fund
Advisors, LLC. has no control over any such other websites, the
contents therein or the products/services offered. The existence of
any such links shall not constitute an endorsement of, or
representation or warranty by KA Fund Advisors, LLC. regarding such
websites, the contents of the websites, the products or services of
the websites or the operators of the websites. Your access to and
use of such linked websites is governed by the terms of use and
privacy policies of those sites, and shall be at your own risk. KA
Fund Advisors, LLC. disclaims responsibility for the privacy
policies and customer information practices of third-party internet
websites hyperlinked from our Website.
LINKS TO KA FUND ADVISORS, LLC. FROM OTHER WEBSITES:
You shall not display hyperlinks on your websites to any website
owned or operated by KA Fund Advisors. If you desire to display on
your website a hyperlink to a KA Fund Advisors, LLC. website, you
must enter into a written agreement with KA Fund Advisors, LLC.
governing such display. Access to any KA Fund Advisors, LLC.
website does not authorize you to use any of KA Fund Advisors's
names, logos, trademarks or copyrighted material, and you agree not
to do so without KA Fund Advisors's express written consent.
Requests to display hyperlinks on your websites to KA Fund
Advisors, LLC. websites should be e-mailed to
webmaster@kaynecapital.com.
TRANSMISSIONS TO AND FROM THIS WEBSITE:
Electronic communications can be intercepted by third parties
and, accordingly, transmissions to and from this Website may not be
secure. Communications to KA Fund Advisors, particularly those
containing confidential information, may be sent by mail to: KA
Fund Advisors, 1800 Avenue of the Stars, Second Floor, Los Angeles,
CA 90067, Attn: Webmaster. KA Fund Advisors, LLC. shall be free to
use, for any purpose, any ideas, concepts, know-how, or techniques
provided by a website user to KA Fund Advisors, LLC. through this
Website. You acknowledge and agree that KA Fund Advisors, LLC. has
granted you limited access to the specific files pertaining to the
KA Fund Advisors, LLC. Funds ("Approved Files"), and you agree not
to attempt to access computer files other than the Approved
Files.
PRIVACY POLICY:
Please review our Privacy Policy, which is a part of this
Agreement and hereby incorporated by reference, to learn about our
information collection practices and the measures we take to
preserve the privacy and security of your information.
JURISDICTION AND GOVERNING LAW:
The information provided on this Website 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 law or regulation or which would subject KA Fund
Advisors, LLC. or its affiliates to any registration requirement
within such jurisdiction or country. Each investment product and
service referred to on this Website is intended to be made
available to only U.S. residents. This Website will not be
considered a solicitation for or offering of any investment product
or service to any person in any jurisdiction where such
solicitation or offering would be illegal.
The laws of the State of California govern these Terms without
regard to conflict of law provisions. If you take legal action
relating to these Terms, you agree to file such action only in the
California Supreme Court located in San Francisco, CA, or the
United States District Court for the Southern District of
California, and you consent and submit to the personal jurisdiction
of those courts for the purpose of litigating any action with KA
Fund Advisors, its affiliates or with any funds referenced in this
site.
LIMITATION OF LIABILITY:
KA FUND ADVISORS, LLC. AND ITS AFFILIATES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES
OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE),
EVEN IF KA FUND ADVISORS, LLC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE
USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR
EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
TIMELINESS OF CONTENT:
All content on this Website is presented only as of the date
published or indicated, and may be superseded by subsequent market
events or for other reasons. In addition, you are responsible for
setting the cache settings on your browser to ensure you are
receiving the most recent data.
ACCESS TO KAYNEFUNDS.COM TECHNOLOGY:
You shall be responsible for obtaining access to the
KayneFunds.com technology and for all equipment and software
necessary to access the kaynefunds.com technology and you
acknowledge that obtaining the foregoing may involve third-party
fees (such as internet service provider or airtime charges). You
are responsible for all telephone, equipment, airtime and internet
service provider charges associated with accessing the
Kaynefunds.com website. In order to view the KayneFunds.com main
drop down navigation and the expanded "Left" navigation within the
Investor Relations pages, you must have JavaScript enabled. You
understand that The KayneFunds.com website uses technologies such
as Flash, PDF, Javascript and Ajax to provide you with a seamless
web-browsing experience and that by disabling these technologies,
you agree to forego access to the content that is enabled by these
technologies. Moreover, if you wish to access such content as Press
Releases and SEC filings on kaynefunds.com, you may be required to
download and install the latest version of Adobe Reader (Free) from
the Adobe website.
PROHIBITED USES:
Except as otherwise stated in these Terms or as expressly
authorized by KA Fund Advisors, LLC. in writing, you may not:
Use this Website in any manner that could damage or overburden
any KA Fund Advisors, LLC. server, or any network connected to any
KA Fund Advisors, LLC. server, as all servers have limited capacity
and are used by many people;
Use this Website in any manner that would interfere with another
party's use of the Website;
Include the term "KA Fund Advisors," or any KA Fund Advisors, LLC.
trademark or executive's name, or any variation of the foregoing,
as a meta-tag, hidden textual element;
Use any robot, spider, intelligent agent, other automatic device,
or manual process to search, monitor or copy this Website or the
reports, data, information, content, software, products services,
or other materials on, generated by or obtained from this Website,
whether through links or otherwise (collectively, "Materials"),
without KA Fund Advisors's permission, provided that generally
available third-party web browsers may be used without such
permission; or
Use this Website or the Materials in any manner that could create
impression of affiliation, sponsorship or endorsement by KA Fund
Advisors.
UNAUTHORIZED USE OF CONTENT:
You agree to defend, indemnify and hold harmless KA Fund
Advisors, its affiliates and each of their respective officers,
directors, members, partners, managers and employees against any
losses, damages, claims, liabilities and costs (including
reasonable attorneys fees) to the extent resulting from or arising
out of any unauthorized or otherwise inappropriate use (or
inability to use) of any of the content of this Website
attributable to you or which occurs through the use of your IP
address.
TERMINATION:
KA Fund Advisors, LLC. may terminate your access to the Website
for any reason, without prior notice.
WAIVER: No waiver by KA Fund Advisors, LLC. of any right under
or term or provision of these Terms will be deemed a waiver of any
other right, term, or provision of these Terms at the time of such
waiver or a waiver of that or any other right, term, or provision
of these Terms at any other time.
INTEGRATION AND SEVERABILITY:
If any provision of these Terms is deemed unlawful, void, or for
any reason unenforceable, then that provision will be deemed
severable from these Terms and will not affect the validity and
enforceability of the remaining provisions.
The preceding Terms of use represent the entire agreement
between KA Fund Advisors, LLC. and the user relating to the subject
matter herein.
KA Fund Advisors, LLC. is an equal opportunity employer
committed to diversity in the workplace.