Terms & Conditions

TERMS AND CONDITIONS OF USE

Welcome to our website. By accessing this website, you acknowledge these terms and conditions of use and agree to be bound by them, regardless of how you access this website as well as if you access it via a third party website. Please read them carefully. However you access the Kestrel Management Corp. website, you agree to be bound by these terms and conditions.

CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time and you agree to be bound by such modifications, alterations or updates. The information on this website is subject to change without notice at any time. This website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied.

USE OF MATERIAL APPEARING ON THIS WEBSITE

The contents of this website are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of the content of this website is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of this website, or any part thereof, for any purpose. These terms do not grant you the right to use any branding or logos used on this website. Links to this website without the express written permission of Kestrel Management Corp. are prohibited. The framing, mirroring, scraping or data-mining of this website or any of its content in any form and by any method is strictly prohibited.

NO WAIVER

If you do not comply with these terms, and Kestrel Management Corp. doesn’t take action right away to enforce any provision of these terms, this shall not be construed as a waiver of any provision or right of Kestrel Management Corp.

GOVERNING LAW & JURISDICTION

These terms and conditions are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws.

DISCLAIMER OF LIABILITY

Kestrel Management Corp. will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, this website, any of its content (including without limitation any inaccuracies or viruses), or any web browser or other equipment. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to this website’s Content or any part of it.

INDEMNIFICATION

By accessing this website, you agree to indemnify and hold harmless Kestrel Management Corp. and its agents and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with your breach of these terms and conditions or use of this website.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract o otherwise, in no event will Kestrel Management Corp or its affiliates. Including without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind arising in any way out or in connection with the availability, use, or reliance on this site, including without limitation damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or date, loss of use of data, loss of revenue, loss of goodwill, loss of capital, downtime costs, loss or in relation to any other contract, or loss of anticipated savings or benefits, any indirect, special, exemplary, punitive, incidental or consequential loss, or any loss attributable to errors, omissions, or other inaccuracies on the site.

The content of this website is published by Kestrel Management Corp.