Disclosures

Terms of Use

These Terms of Use constitute a legally binding agreement between Kona Equity (“Kona”) and you, the user of the Kona Equity’s web site (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.

Kona Equity reserves the right to amend the Terms of Use in its sole discretion. Kona Equity will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Kona Equity or for internal business purposes in furtherance of an existing business relationship with Kona Equity. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  • Use the Site for any commercial purpose or the benefit of any third party;
  • frame or hyperlink the Site or any portion thereof without prior written consent of Kona Equity;
  • Remove any proprietary notices from the Site or any copy thereof;
  • Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Kona Equity with respect to the Site and/or data transmitted, processed, or stored by Kona Equity; or
  • Use the Site for any illegal or fraudulent purpose.

Regulatory Disclosures

The content of this Site is for general, informational purposes. Neither Kona Equity, nor any of its affiliates (collectively, “Kona Equity”), makes any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant Kona Fund (the “Fund”) which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided is believed to be accurate and reliable, Kona, its affiliates, advisors, and employees make no express warranty as to its completeness or accuracy.

Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal, or other professional advice.

The information provided on this Site may not be reproduced, distributed, or communicated, in whole or in part, to any third party without the express written consent of Kona Equity.

This Site includes information regarding Kona Equity’s past and present portfolio companies. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Kona Equity’s past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Kona. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects, or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Kona Equity shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Kona Equity. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos, and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles, and other materials (collectively, “Content”) are proprietary to Kona Equity or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Kona Equity or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Kona Equity or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission, or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

The site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims, or representations made by Kona Equity, either express, implied, or statutory, with respect to the site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Kona Equity further does not represent or warrant that the site will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.

Limitation of Liability

Kona Equity does not assume any liability or responsibility for the Site or the Content. Kona Equity is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

Under no circumstances will Kona Equity be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, lost revenues, lost profits, loss of business, loss of data, or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify, and hold Kona Equity, its parents, subsidiaries, and other affiliates and each of their respective officers, directors, agents, employees, and representatives harmless from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. Kona Equity reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Kona Equity for all liabilities, losses, or damages. You agree to provide Kona Equity with whatever cooperation it reasonably requests.

Privacy

Your privacy is very important to us at Kona Equity. To better protect your rights we have provided the privacy page to explain our privacy practices in detail.

International Use

Kona Equity makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regard internet usage. Kona Equitys’ databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.

Termination

Kona Equity may terminate your access to this Site at any time for any reason without notice.