1) Terms of Use
This website and its subdomains (“Website”) are operated by Kaufman Hall Investment Management, LLC (“KHIM”) whose contact details are on the Website.
KHIM provides its content on this Website subject to the following terms and conditions of use (the "Terms of Use") and by using this Website or downloading materials from this Website, you agree to be bound by these Terms of Use. If you are a business entity, by using this Website you agree i) to require each of your employees that use or access the Website to be bound by these Terms, and (ii) you remain responsible and liable for all acts and omissions of your employees in connection with the use of the Services, including any breach of these Terms.
Each time you enter the Website, you agree to and fully accept these Terms of Use in its then current form. Your continued use of the Website will indicate acceptance by you of such rules, changes, or modifications. If you do not agree to abide by these Terms of Use set forth in this notice, then do not use this Website or download materials from this Website. Please see KHIM’s Online Privacy Statement regarding collection and use of your personal information or data. KHIM reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to periodically review these Terms of Use. The date of the last revision or update appears at the bottom of the Term of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED.
2) INTELLECTUAL PROPERTY INFORMATION
The Website and its contents and any downloads from this Website, including text, graphics, logos, icons, video recordings, audio recordings, and images as well as the compilation, selection and arrangement thereof, are owned by KHIM or made available to KHIM by arrangements with third-parties (“Content”). All Content on this Website is protected by United States and international intellectual property laws. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication, or modification of our Website Content by any person without KHIM’s prior written authorization is strictly prohibited and may be a violation of federal, state, or common law, federal, state, or international trademark laws, trade dress laws, patent laws, and/or United States or international copyright laws and may subject such violator to legal action.
All trademarks on the Website are either the property of KHIM or their third-party licensors. All custom graphics, button icons, and logos are the trademarks, service marks, or trade dress of KHIM. Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the prior written consent of the trademark owner for each such use. We reserve all rights not expressly granted herein.
3) AUTHORIZED USE
As KHIM or third parties own the Content of this Website, you may not copy, download, reproduce, republish, distribute, display, post, or sell by any means in whole or in part, any of the Content without KHIM’s prior written consent, except that KHIM consents to downloading or printing the Content, in whole or in part, for internal uses that are not competitive with or derogatory to KHIM, provided that (i) you do not modify the Content in any way, and (ii) you keep the logos, trademarks, legends, and/or copyright notice intact and displayed on all copies. Please note that this limited consent may be revoked at any time for any reason. No other use is permitted without KHIM’s written permission.
At any time and for any reason, KHIM may revoke your right to use all or any portion of the website.
You shall not upload, post or otherwise make available on the Website any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
4) HYPERLINKS
Certain links in this Website connect to other websites maintained by third parties over whom KHIM has no control. KHIM is not responsible for any of these third party websites or for their content (including any products or services that may be offered through these websites) or for transmissions you may receive from these third party websites. KHIM provides these links as a convenience and KHIM’s use of these third party links does not imply an endorsement or recommendation by KHIM as to the third party website, content, products or services. KHIM makes no representations or warranties as to the accuracy of, or any other aspect relating to, other Websites. Your use of the third party links or the content thereon is at your own risk and may be subject to those third party websites’ terms of use.
5) SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), you grant KHIM exclusive rights in such Submissions, including all intellectual property rights, including the right to use, modify, reproduce, transmit, display and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6) PRIVACY
KHIM is committed to the privacy of its Website visitors, users. Click here to view the KHIM Online Privacy Statement. By using this Website, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimer of Warranties
7) KHIM FORWARD LOOKING STATEMENTS
The Content provided on the Website is for informational purposes only. Any estimates, projections, or predictions on the Website are intended to be forward-looking statements. Although KHIM believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. KHIM expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on the Website should be construed as a guarantee or assurance of future performance or future results. KHIM’s past performance is not indicative of future results.
8) NO OFFER OF SECURITIES OR ADVICE
No information found on the Website constitutes an offering of advisory services or any securities. Offerings of securities may be made in connection with a private offering memorandum in compliance with the Securities Act of 1933, as amended, and related rules and regulations or as otherwise permitted under the law. In the case that an offering of securities is made in accordance with the terms of a private offering memorandum or as otherwise permitted under the law, such offering may be limited to investors who are accredited investors, knowledgeable employees, and in some cases, offerings of securities will only be made to the extent certain investors are also qualified purchasers. Any offer or solicitation with respect to any securities that may be issued by any investment vehicle managed by KHIM will be made only by means of definitive offering memoranda and in accordance with the relevant securities and other laws of applicable jurisdictions. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Website with your financial, legal or tax advisors where applicable.
9) CONTENT DISCLAIMERS
We make reasonable efforts to ensure accuracy with respect to the Content, but at times we may not promptly update or correct the Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Dated information speaks only as of the date indicated. KHIM does not warrant or guaranty the accuracy or completeness of the information made available on the Website. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.
10) DISCLAIMER OF WARRANTY
THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INFORMATION, DATA, SERVICES, UNINTERRUPTED OR ERROR FREE ACCESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM SUCH USE.
11) LIMITATION OF LIABILITY
IN NO EVENT SHALL KHIM BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, KHIM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF KHIM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU US TO ACCESS AND USE THE APPLICABLE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF KHIM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless KHIM from and against any claims, actions, or demands, including without limitation reasonable legal fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Website or Content.
13) CLAIMS OF COPYRIGHT INFRINGEMENT
The DMCA (“Digital Millennium Copyright Act”) provides remedies for copyright owners who believe that material appearing on the internet infringes their U.S. copyright(s). If you believe in good faith that the Content made available on our Website infringes your copyright, you (or your agent) may send us a notice requesting that the copyrighted material be removed. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices should be sent to KHIM via email at legalnotice@kaufmanhall.com, or by writing to KHIM at:
Kaufman Hall Investment Management, LLC
ATTN: General Counsel – DMCA Notice
10 Cadillac Drive
Brentwood, TN 37027
14) MISCELLANEOUS
If any provision of these Terms of Use is found to be invalid, void, or for any reason unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision. If it is not possible to construe the provision in question in such a manner that would make the provision valid and enforceable, then only the term or portion of the provision that renders the provision unenforceable will be stricken without affecting the enforceability of the remaining provisions of these Terms of Use. Any failure of KHIM to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision of these Terms of Use.
The Terms of Use and the relationship between you and KHIM shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and KHIM agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois.
The failure of KHIM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use, and any applicable supplement, represent the entire agreement between KHIM and you regarding the use of the Website.
Last Updated: July 2, 2024