Legal Notices and Terms of Use


Thank you for visiting Kestrel Investment Management’s website (“Site”), which provides general information about the company. Please read the terms of use provided below, as well as any supplementary terms contained elsewhere in this Site (collectively "Terms") carefully before using this Site. Using this Site indicates that you accept these Terms; if you do not accept these Terms, please disconnect immediately and do not use this Site.

 

SITE INFORMATION



Permitted Use
You may display, download or print the information displayed on the Site (the "Information") for your own internal and non-commercial purposes provided that you maintain all copyright and other proprietary notices contained on such Information if and when you download it. You may not, however, use, reuse, display, distribute, modify, perform, or transmit any Information, including any text, images, audio, or video, for commercial or public purposes, without the express prior written permission of its owner. You must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.



Site Access
This Site is controlled by Kestrel Investment Management from its offices the U.S. Access to this Site from countries or territories where the Site's content is illegal is prohibited. If you access this Site from outside the U.S., you do so on your own initiative and at your own risk and you are responsible for compliance with all applicable local laws and regulations, including but not limited to, all applicable export and import laws and regulations.

Third Party Sites
For your convenience and information, Kestrel Investment Management may provide on this Site links or pointers to websites that are operated by third parties. Kestrel Investment Management makes no representations whatsoever about any other website that may be accessed through, or as a result of, this Site. Such other web sites are independent of Kestrel Investment Management, such that Kestrel Investment Management has no control over their content. In addition, a link to another web site does not mean that Kestrel Investment Management endorses, authorizes, sponsors, or are affiliated with such third party. Kestrel Investment Management does not accept any responsibility for the content, or the use, of such web site. Kestrel Investment Management reserves the right to terminate any link or linking program at any time.

If you decide to access any such third party website, you do so entirely at our own risk. Please ensure that you take all appropriate protective measures to safeguard your system against viruses or other destructive elements before you do so

Revisions and Updates


Information published on this Site is subject to change without notice. Kestrel Investment Management may also make improvements and/or changes in the products, services and/or the programs described in this Site at any time without notice. Kestrel Investment Management may unilaterally revise these Terms in its sole discretion without notice and any such changes shall be effective upon posting. You are bound by any such revisions and should therefore periodically visit this page to review the updated and revised Terms

Internet/Web Technologies – Cookies, Web Beacons, Log Data, Digital Certificates, etc.


Cookies are lines of text that are transmitted to your Web browser. Cookies provide a way for a server to recall a previous request or previous registration and your secured access. Your browser stores the information on your hard drive and on a return visit provides the same seamless personalized experience. This Site uses cookies. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function properly.

You will be aware that the laws in some countries require you to provide a form of consent before cookies are placed on your web browser unless the cookie is necessary for the website to work.

Where these laws are in place, there is no agreed standard for how companies comply with these laws, however, we do the following:

  • We only use cookies that are necessary for our services or where you have provided your express or implied consent.
  • We respect your wishes and you can inspect, delete or block any cookies used by us by selecting the appropriate control in your web browser.
  • We support technologies which have been developed and are being developed for your web browser which allows you to be more selective about the cookies that your web browser will accept.

Cookie

Cookie Purpose

Nature of the Cookies

Cookie Type

Approval Method

Web Analytics

Google Analytics: tracks each user's amount of visits, and the time of the first, the previous, and the current visit.

Third Party

Permanent

Implied Consent

Web Analytics

Google Analytics: tracks how long you stay on a site - when a visit starts and approximately ends

Third Party

Permanent

Implied Consent

Web Analytics

Google Analytics: tracks where a visitor came from (e.g. search engine, search keyword, link)

Third Party

Permanent

Implied Consent

Device Identification

Identify your device (e.g. computer, phone, tablet PC) so that content is delivered in the correct format

First Party

Session

Strictly Necessary

Server Identification

Identify the Server which served the request

First Party

Session

Strictly Necessary

Session Identification

Identify the Session which is currently used

First Party

Session

Strictly Necessary

Print Specification

Identify what pages the user wants to print

First Party

Session

Strictly Necessary

Definitions:

“First Party” Cookie – A cookie placed by this Website

“Third Party” Cookie – A cookie placed by another domain (e.g. not this Website)
 • “Permanent” Cookie - The cookie information is permanently stored on your device


“Session” Cookie – The cookie information is temporarily stored in your web browser’s memory


Implied Consent – You are deemed to have given your consent by continuing to use this Website after having had this privacy policy made available to you

Explicit Consent – You specifically agree to the use of cookies after having had this privacy policy made available to you


“Strictly Necessary” Cookies – These cookies are required so the website can function. No consent is requiredThese server logs may include information such as your computer’s IP address, browser type, the date/time of your request, the webpage you visited before you came to the Site or other statistics. This information may be used to analyze and improve the Site.

Digital Certificates 
It is the user's responsibility to safeguard the certificate and/or revoke compromised certificates. Kestrel Investment Management reserves the right to deny access to any user or application as it deems necessary, without any prior notice. Kestrel Investment Management collects IP addresses for system administration and internal tracking and analysis. When you visit our site, our servers log the IP addresses only.

 

INTELLECTUAL PROPERTY



 Unless otherwise indicated, information contained in this site is © Copyright Kestrel Investment Management 2014. All Rights Reserved.

The material provided on this Site is copyrighted and protected by applicable local laws and worldwide copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, mirrored or transmitted in any form without Kestrel Investment Management's prior written permission.

All other trade marks, trade names or marked brands and logos found on any part of the Site are the property of their respective owners. Please note that the Site may contain other proprietary notices and copyright information that must be observed.

You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, Kestrel Investment Management does not grant any express or implied right or license to you under any patents, trademarks, copyrights, trade secret information or other intellectual property rights of Kestrel Investment Management or any third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any such license or right.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Disclaimer

The Information is believed to be reliable when posted. However, Kestrel Investment Management does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. The Information may contain technical inaccuracies or typographical errors and the Information may be changed or updated without notice.

Your use of our Site is at your own risk. Kestrel Investment Management assumes no responsibility for the accuracy of the information contained on the Site. All information published on this Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT

Indemnity


You agree to indemnify, defend and hold harmless, Kestrel Investment Management and its officers, directors, employees, agents, licensors, suppliers and any third-party information or service providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms.

Kestrel Investment Management reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kestrel Investment Management in asserting any available defenses.


Limitation of Liability


It is up to you to take precautions to ensure that whatever information, including the Information you may access or download is free of viruses, worms, trojan horses and other items of a destructive nature.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KESTREL INVESTMENT MANAGEMENT OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THE USE OF, INABILITY TO USE, OR RELIANCE ON, THE SITE, THE INFORMATION AVAILABLE ON THE SITE OR ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA ON YOUR COMPUTER SYSTEM, COSTS OF REPLACEMENT GOODS OR SERVICES, THIRD PARTY CLAIMS, PERSONAL INJURY, PROPERTY DAMAGE OR OTHER PECUNIARY LOSS, EVEN IF Kestrel Investment Management IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

GENERAL TERMS



Severability


The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof and any such invalid provision shall be deemed to be severable and these Terms will be construed as if such invalid or unenforceable provision or part thereof had not been contained therein

Headings


The headings in these Terms are inserted for convenience only and do not constitute a part of these Terms nor are they to be referred to in its interpretation

Governing Law

Use of this Site and all transactions under it are governed by, and these Terms will be construed in accordance with, the laws of the State of California, USA without regard to principles of conflict of laws. You agree to submit any disputes relating to this Site to the non-exclusive jurisdiction of the courts of California, USA

Questions Regarding These Terms


For further details or questions, please email us at : This email address is being protected from spambots. You need JavaScript enabled to view it.