TERMS AND CONDITIONS


Please read these terms of use carefully.

By accessing this web site located at kraytis.com and other domains operated by KRAYTIS Inc. and/or its subsidiaries (collectively, "KRAYTIS"), collectively the "web site", you are indicating that you have read, acknowledge and assent to be bound by these terms of use. If you do not agree to these terms of use, do not access this web site. KRAYTIS reserves the right to change these terms of use and you are responsible for regularly reviewing these terms of use. Your continued use of this web site constitutes your agreement to all such terms of use.

Your use of this web site may be monitored by KRAYTIS, and the resultant information may be used by KRAYTIS for its internal business purposes or in accordance with the rules of any applicable regulatory organization.

Information made Available through this Service

Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these terms of use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern for your use of those sections or pages.

Unauthorized use of KRAYTIS's web site and systems, including, but not limited to, unauthorized entry into KRAYTIS's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any KRAYTIS site or service or interfere with any other party's use and enjoyment of any KRAYTIS site or service. You may not attempt to gain unauthorized access to any KRAYTIS site or service, computer systems or networks connected to any KRAYTIS site or service, through hacking, password mining or any other means.

Without limiting the generality of the foregoing, the information and other KRAYTIS materials you access via the web site may not be used as a basis for any financial instruments or products (including, without limitation, passively managed funds and index-linked derivative securities), or used to verify or correct data in any other compilation of data or index, or used to create any other data or index (custom or otherwise), without KRAYTIS's prior written permission.

The information and materials on this web site may contain typographical errors or inaccuracies. KRAYTIS reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this web site and to suspend and/or deny access to this web site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Any dated information is published as of its date only, and KRAYTIS does not undertake any obligation or responsibility to update or amend any such information. KRAYTIS may discontinue or change any product, service, information or material described in or offered on this web site at any time.

These terms of use are not intended to, and will not, transfer or grant any rights in or to the information or material available on the web site other than those which are specifically described herein, and all rights not expressly granted herein are reserved by KRAYTIS or the third party providers from whom KRAYTIS has obtained the information or materials.

You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

Unless expressly included in any other agreement between KRAYTIS and you, you agree that the requirements of the E-Commerce Directive (2000/31/EC) as implemented are excluded to the fullest extent permissible by law with respect to your access to and use of the web site.

Disclaimer of Warranties

NO WARRANTY AS TO CONTENT: ALTHOUGH KRAYTIS SHALL OBTAIN INFORMATION FOR INCLUSION IN THE SERVICE FROM SOURCES THAT KRAYTIS CONSIDERS RELIABLE, THE SERVICE IS PROVIDED TO LICENSEE "AS IS" AND NEITHER KRAYTIS, ANY OF ITS SUBSIDIARIES, ANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING THE SERVICE (COLLECTIVELY, THE "KRAYTIS PARTIES") MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO LICENSEE OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE TIMELINESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. FURTHER, THE KRAYTIS PARTIES EXPRESSLY DISCLAIM, AND LICENSEE WAIVES, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NO WARRANTY AS TO SECURITY: KRAYTIS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THIS WEB SITE.

Limitation of Liability

No Liability for Content; No Liability Arising from Use: Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, KRAYTIS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither KRAYTIS, nor any of its subsidiaries, directors, officers or employees, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of KRAYTIS or of any vendor providing software or services. In no event will KRAYTIS or any such parties be liable to you for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if KRAYTIS or any other such party has been advised of the possibility thereof.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your Internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

No Representations made as to Other Sites or Links

This web site may contain links to and be linked from third-party web sites (the "sites"). These links are provided only as a convenience. Accordingly, KRAYTIS has not tested any information, software or product found on any of the sites and therefore makes no representations concerning the content of the sites. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by KRAYTIS of any information contained in any web site. In no event shall KRAYTIS be responsible for the information contained on any other site or for your use of or inability to use such sites. You should also be aware that the terms and conditions of such sites and the sites' privacy policy may be different from those applicable to your use of this web site.

Content not to be construed as solicitation or recommendation; no determination of suitability; not all risk disclosed

The material on the web site is for informational purposes only, and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the information and material on the web site is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.

System Outages, Slowdowns, and Capacity Limitations

As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the web site or communicating with KRAYTIS through the Internet or other electronic or wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider's or KRAYTIS's, can experience unanticipated outages or slowdowns, or have capacity limitations. KRAYTIS cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

Proprietary Rights

All right, title and interest in this web site and all content contained herein is the exclusive property of KRAYTIS, except as otherwise stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without KRAYTIS's prior written approval. If you download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein.

The names of other actual companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of KRAYTIS or such third party which may own the marks.

Choice of Law

These terms of use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. Any cause of action you may have arising out of your use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms of use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use, and the remainder of the terms of use shall continue in full force and effect. The terms of use constitute the terms between KRAYTIS and you arising out of this site and it supersedes all prior or contemporaneous communications, agreements and understandings between KRAYTIS and you arising out of the subject matter hereof. A printed version of these terms of use shall be admissible in judicial or administrative proceedings.