Purpose

The purpose of KV Capital Inc. (referred to hereinafter as “KV Capital”, “KV”, “us”, “we”, or “our”) is to connect you to our services.

Terms and Conditions (“Terms”), the Privacy Policy, and all other policies posted on our website set out the terms on which you are offered access to the use of www.kvcapital.ca, our website, services, application, and tools (collectively our “Site” or “Services”). All policies and the Privacy Policy are incorporated into these Terms. You agree to comply with the Terms and Privacy when accessing or using our Services.

These Terms apply to all consumers, businesses, visitors, and others who access or use our Services (collectively “Users”). By accessing or using our Services you agree to be bound by these Terms and accept all legal consequences.

Description of service

KV Capital operates www.kvcapital.ca.  KV Capital operates this site to provide information on the nature of its business and collect information. This page informs you of our policies regarding the collection, use and disclosure of personal information we receive from the users of the site.

The service includes (a) the Site, (b) any other services provided to You through the “Site”.

Using our services

When using our “Site”, You agree not to access, copy, or otherwise use our intellectual property and trademarks, except as authorized by these Terms of. You agree not to use KV Capital to:

• Violate any laws;

• Be false, misleading, or impersonate another person;

• Infringe any third party’s intellectual property or proprietary rights;

• Distribute viruses; use any robot, spiders or other means to access, limit, interrupt, or destroy our data or Services;

• Distribute or contain spam or pyramid schemes;

• Be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;

• Conduct business other than in a socially responsible and reputable manner and in compliance with all laws;

• You agree to provide truthful and accurate Content;

• You will not upload invalid data, worms, viruses, or other software agents through the Service or Software;

• You agree not to bully, stalk, harm, or harass, another individual who uses our Site or Service;

• You agree not to hack, phish, or spam us or other users;

• You agree not to accesses the site for the purposes of making a product using similar features, functions, ideas, interface as those found in the “Site”;

• Commit fraud or preform any illegal activities through your use of the KV Capital Inc. website or print materials.

Materials provided to KV Capital

By posting, uploading, inputting, providing or submitting your Submission you are granting KV Capital, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. KV Capital is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KV Capital’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Intellectual property

Our Services and all contents, including but not limited to text, images, graphics or code are the property of KV Capital Inc. and are protected by copyright, trademarks, database and other intellectual property rights.

Waiver of moral rights

You waive and agree not to assert any “moral rights,” “rights of integrity,” “rights of paternity,” or similar rights to object to or prevent modification of any Intellectual Property, or to insist upon being identified as the creator or author of any Intellectual Property.

Our Services may contain links to third-party web sites or services that are not owned or controlled by KV Capital.

We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless KV Capital, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, costs, actions, or demands resulting from the use of our Services, any breach of these terms, or use of any Content.

These include but are not limited to: (a) legal and accounting fees resulting from your use of our Services; (b) your breach of any of these Terms; and (c) anything you post on or upload to our Services. This includes any negligent or illegal conduct by you, any person, entity, or third-party accessing our Services, whether or not such access is obtained via fraudulent or illegal means.

Limitation of liability

KV Capital Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of our Services; (ii) your inability to access or use our Services; (iii) any conduct or content of any other User or third-party on or related to our Services; (iv) any content obtained from or through our Services; (v) inaccuracies or typographical errors; and (vi) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer and non-waiver of rights

Our Services are provided “as is” and “as available”. We cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real-time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Our Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law of Alberta shall apply to the extent necessary.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special indirect, or consequential damages arising out of our Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

If you breach any of these Terms and we choose not to immediately act or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.

Governing law and forum for disputes

These Terms shall be governed by, interpreted, and enforced in accordance with the laws in the Province of Alberta and the laws of Canada, as applicable therein. Any claims, legal proceeding, or litigation (collectively “Claims”) will be brought solely in Alberta, Canada and you irrevocably attorn to the exclusive jurisdiction of such courts. You are responsible for paying our legal costs on a full indemnity or solicitor and own client basis if your Claim is dismissed, withdrawn, stayed, or otherwise found to be without merit or contrary to these Terms by a court of competent jurisdiction. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding our Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you by placing a prominent notice on our website.

Contact us

If you have any questions about these Terms and Conditions, please contact us by submitting a form on our contact us page

The information contained on KV Capital’s website pages (“Website”) is for information purposes only. Information on the Website does not constitute a solicitation by KV Capital and/or its affiliates or an offer to sell its or their products. Further, the products of KV Capital and/or its affiliates are only offered in jurisdictions where they may be lawfully offered for sale and are subject to applicable agreements.

This Website may contain certain forward-looking statements, which includes all statements other than statements of present or historical fact, and relates to statements relating to, but not limited to, anticipated future events, financial projections, performance, targets or expectations. By their nature, forward-looking statements necessarily involve known and unknown risks and uncertainties that may cause actual results to differ materially from those expressed or implied by such forward-looking statements and requires us to make assumptions about anticipated financial performance, business prospects, and strategies, all of which are contingent on general market conditions. We caution you not to place undue reliance on our forward-looking statements as a number of factors could cause actual future results to differ materially from the targets, or estimates, express or implied in the forward-looking statements.

Information on this Website is not intended to provide financial, legal, accounting, or tax advice and should not be relied upon in that regard. KV Capital and/or its affiliates are not responsible in any manner whatsoever for direct, indirect, special or consequential damages, howsoever caused, arising out of the use of this Website.

Users of this Website may not reproduce any part of the work in any manner whatsoever for any other purpose, other than for their personal use.

Email, and other electronic communication, is subject to possible interruption or loss, and KV Capital and/or its affiliates shall not be responsible for any damage that users may suffer with respect to transmission of any confidential or sensitive information to us.

While every effort is made to ensure the accuracy of all Website information, KV Capital does not warrant or make any representations regarding the usefulness or accurateness of Website information or any linked or referenced websites. Any links or other websites or content found on other websites is provided “as is” and without any express or implied warranties.