Use of Site and Site Materials
All Content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code and software, interactive features and other materials, as well as the selection and arrangement thereof, singly or collectively, the “Content”), is the exclusive property of and owned by Kestrel, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. No additional right, title or interest in any Content is transferred to you, whether as a result of accessing or printing such Content or otherwise. Kestrel reserves complete title and all intellectual property rights in the Content. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content. Except as expressly authorized by Kestrel in writing, in no event shall you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site, or access to or use of the Content and the Site.
You agree not to use contact information provided on the Site for unauthorized purposes, including marketing. You further agree not to (i) use any hardware or software intended to damage or interfere with the proper working of the Site, (ii) surreptitiously intercept any system, data or personal information from the Site, or (iii) interrupt or attempt to interrupt the operation of the Site in any way.
The Site and the Content are protected by U.S. copyright laws, and belong to Kestrel or its contributors or third parties. The copyrights in the Content are owned by Kestrel or other copyright owners who have authorized their use on the Site. You may download and print Content for non-commercial, non-public, personal use only, provided such Content is not manipulated or changed in any way. If you are browsing this Site as an employee or member of any business or organization, you may download and print Content only for educational or other non-commercial purposes within your business or organization, provided such Content is not manipulated or changed in any way other than attribution, which shall be readily visible thereon, except as otherwise permitted in writing by Kestrel. You may not manipulate or alter in any way images or other Content on the Site.
Accuracy, Completeness and Timeliness of Information on this Site
Kestrel is not responsible for Content that is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on any portion of the Content is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Kestrel reserves the right to modify the Content at any time, but has no obligation to update any Content.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Incoming links from external sources must be pre-approved by Kestrel, in writing, by contacting firstname.lastname@example.org. For your convenience, certain hyperlinks may be provided on the Site which link to other websites that are not under the control of Kestrel. Kestrel does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. Kestrel disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. Kestrel also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against Kestrel arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that Kestrel is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Kestrel.
Kestrel cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses, trojans or other harmful computer code, files or programs.
The information on the Site and contained within the Content and the emphasis placed thereon solely reflect the opinion of Kestrel and is not intended to necessarily address any specific concerns or interests that others may have. Kestrel does not provide any representation or warranty as to (i) the accuracy or completeness of the Site or any of the Content, (ii) whether access and use of the Site will be uninterrupted, timely, secure or free from error, (iii) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site; and/or (iv) whether defects in the operation or functionality of any software on the Site will be corrected. Kestrel does not warrant or represent that the Site or any Content is sufficient or appropriate for the purposes of any other party and all conditions, warranties, representations, terms and undertakings, express or implied, statutory or otherwise in respect of the Site or the Content for those purposes is hereby excluded.
In consideration for allowing you to use the site and the content, you specifically agree that Kestrel shall have no liability for any losses or damages arising from or in any way related to the use of the Site or any Content incurred. You agree to waive, fully release, defend and hold Kestrel harmless from any claims which you may have arising in any way from use of the Site or the Content including but not limited to claims for breach of contract, breach of warranty, strict liability, negligence, and/or negligent misrepresentation. You further agree to waive and fully release, defend and hold Kestrel harmless from any and all consequential, indirect, special, incidental or punitive damages of any nature, including, but not limited to, loss of profits, loss of revenues, loss of goodwill, in connection with your use of or reliance upon the Site or any Content regardless how such damages arise (including the negligence of Kestrel in the preparation of the Site or Content). The benefit of such releases, waivers or limitations of liability shall extend to Kestrel and its subcontractors, and the directors, officers, employees, and agents thereof. Kestrel does not warrant, endorse, guarantee, or assume responsibility for any content through the Site.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Kestrel, its employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement; (ii) violation of any third party right by you, including, without limitation, any copyright, trademark, patent, property, or privacy right; or (iii) any claim that any Content caused damage to you or any third party you provided such Content.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
You or third parties acting on your behalf are not allowed to use Kestrel’s proprietary marks as meta tags, without Kestrel’s written consent. You may not use techniques or technology to enclose any Content or any portion of the Site (commonly known as “framing”) without Kestrel’s express written consent. Further, you may not utilize any Content in any meta tags or any other “hidden text” techniques or technologies without Kestrel’s express written consent.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to Kestrel’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, Kestrel grants the operators of public search engines permission to use automated systems to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Kestrel therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Kestrel does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Questions Regarding Terms of Access