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TERMS

Terms

User Consent to the TOS

You represent that you have read and agree to be bound by the TOS.

This website kalinowskiequityresearch.com is owned and operated by Kalinowski Equity Research, LLC (“the company” “we” or “us”). The following “Terms of Service” (hereinafter referred to as the “TOS” or “Agreement” sets forth the terms and conditions governing your use of this website. By accessing the Site, in any manner, whether automated or otherwise, you agree to be bound by these policies and to use the Site in accordance with these Terms of Service, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Kalinowski Equity Research, LLC. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By accessing this web site, you are acknowledging and accepting these terms and conditions.

Intellectual Property

This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this site, are owned by or licensed by Kalinowski Equity Research, LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. This site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual reports, blog posts, articles, columns and other elements making up this site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in this site. You acknowledge that the site has been developed, compiled, prepared, revised, selected, and arranged by Kalinowski Equity Research, LLC and their respective general partners and affiliates (collectively “Kalinowski Equity Research”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Kalinowski Equity Research and such others. You agree to protect the proprietary rights of Kalinowski Equity Research and all others having rights in this site during and after the term of this agreement and to comply with all reasonable written requests made by Kalinowski Equity Research or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in this site. You agree to notify Kalinowski Equity Research in writing promptly upon becoming aware of any unauthorized access or use of this site by any individual or entity or of any claim that this site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to this site (the “Intellectual Property Rights”) shall, as between you and Kalinowski Equity Research, at all times be and remain the sole and exclusive property of Kalinowski Equity Research. All present and future rights in and title to this site (including the right to exploit the site and any portions of the site over any present or future technology) are reserved to Kalinowski Equity Research for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the site or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the site, or the names of any individual participant in, or contributor to, the site, or any variations or derivatives thereof, for any purpose, without Kalinowski Equity Research’s prior written approval.

Restrictions on Use

You may not use the site for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the site solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the site in any manner that could compete with the business of Kalinowski Equity Research.

Except as expressly permitted by Kalinowski Equity Research in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the site, except that you may download material from the site and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the site without Kalinowski Equity Research’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any portion of the site in any manner without the prior written consent of Kalinowski Equity Research.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SITE IS STRICTLY PROHIBITED.

Any use of the site other than as permitted by the TOS will violate the TOS and may infringe upon our rights. You agree to report any violation of the TOS by others that you become aware of.

Fees and Payments

Kalinowski Equity Research reserves the right at any time to charge fees for access to portions of the site or the site as a whole. When Kalinowski Equity Research requires a fee for portions of the site or the site as a whole, Kalinowski Equity Research will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. 

Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide Kalinowski Equity Research with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that Kalinowski Equity Research, in its sole discretion, deems offensive or inappropriate. Kalinowski Equity Research reserves the right to deny creation of your account based on Kalinowski Equity Research’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Kalinowski Equity Research of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your login or any login rights. If the computer system on which you accessed the site is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. 

Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SITE AND ANYTHING CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT KALINOWSKI EQUITY RESEARCH MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. KALINOWSKI EQUITY RESEARCH DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. KALINOWSKI EQUITY RESEARCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KALINOWSKI EQUITY RESEARCH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Your Authority to Agree to this TOS

You represent, warrant and covenant that you have the power and authority to enter into this agreement.

Kalinowski Equity Research, LLC Privacy Policy

This Privacy Policy (“Policy”) describes how Kalinowski Equity Research, LLC (“Kalinowski Equity Research”, “we”, “us”, or “our”) collects, uses, and shares information provided to us through our website http://kalinowskiequityresearch.com/ (the “Site”).

We collect information about users of the services provided via the Site (our “Clients” and “Service(s), respectively), (“you”, “your”, or “yourself”).  Some of the information collected may be Personal Data (as defined below). Your rights regarding Personal Data are described in this Policy.

By using the Site, you agree that your information will be handled as described by this Policy, and that your usage and any disputes over privacy are subject to this Policy and our Terms of Service (“Terms”) which are incorporated by reference into this Policy.

Information we Collect From Clients

We do not collect any personal information about you unless you voluntarily provide it to us. We collect information about you through your use of our Site or when you register for an account on our Site. We will also use your information for, but not limited to, communicating with you in relation to Services and/or products you have requested from us. We may also gather additional personal or non-personal information in the future.

• When you create an account, you provide us with a username, password, real name, phone number, company name and email address. If you create an account using a social network, we also store the IDs required to identify you. This information is used for the purposes of maintaining your account. Your email is only used for important account notifications.

• Information about your computer hardware and software may be automatically collected by the Site. This information can include: your IP address, browser type, domain names, access times and referring websites. This information is used for the operation of the Site, to maintain quality of the Site and the Services, and to provide general statistics regarding use of the Site.

• IP address (“IP”): IPs are anonymized before processing.

• Assembling statistics regarding the use of a web site. (Accurately counting unique visitors is a vital statistic for any web site).

• Preventing fraud and abuse, and maintaining information security. (Full IP addresses are necessary for this type of usage). Recital 47 of the GDPR states: “The processing of Personal Data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest”.

Your “Personal Data” that we log is as follows:

• Your UID and IP address, per the legitimate interests above.

• Your account username, per the legitimate interests above, as well as to help with customer service needs.

We may keep track of the websites and pages our users visit within the Site, in order to determine what pages and Services are the most popular. This data is used to deliver customized content and advertising within the Site to users whose behavior indicates that they are interested in a particular subject area.

Your Personal Data shall only be retained for as long as it is required to fulfill our contractual requirements.

How we Use Your Information

We use and process your information for the following purposes and legitimate interests:

• To provide and maintain our Service to you.

• To help understand how Clients use our Site on an individual and aggregate basis in order to improve it.

• To help with Client service needs, such as troubleshooting issues that you report to us.

• To contact you with important account notifications. 

• Other research and analytical purposes such as Site performance, client behavior and retention, and common navigations through the Site.

• To respond to inquiries from Clients and prospective clients.

How we Share Your Information

We may share your information with service providers or contractors who perform actions or functions on our behalf, but only as necessary to provide and maintain the Site and provide the Services to you. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information. We do not sell, rent or lease our client lists to third parties.

We may also share your information without notice to you for legal reasons, such as:

• Meeting applicable laws, regulations, legal processes, or enforceable governmental requests.

• In response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

• Detecting, preventing, or otherwise addressing fraud, security, or technical issues.

• Protecting against harm to the rights, property or safety of Kalinowski Equity Research, LLC, our Clients, or the public as required or permitted by law.

• Enforcing our Terms.

If the ownership of all or substantially all of our business changes, of if Kalinowski Equity Research is subject to a merger, consolidation or other reorganization, or if Kalinowski Equity Research, declares bankruptcy or is subject to another insolvency event, we may transfer your information to the new owner. In such a case, your information would remain subject to the promises made in any pre-existing Policy.

Cookies

Cookies are used with the Service. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. All cookies are first party unless otherwise noted. Temporary session cookies (that expire when you leave a web site) are not listed. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Site or the Services or websites you visit.

In addition, the Site uses:

• Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses cookies to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google. For more information about Google Analytics and how Google uses your information, see here. You may refuse the use of cookies by selecting the appropriate settings on your browser, or by enabling the Do Not Track settings in your browser, however please note that if you do this you may not be able to use the full functionality of this Site.  By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

• Clicky to log and analyze the traffic to our Site. You may review Clicky’s privacy policy at http://clicky.com/terms/privacy We log “personal data” to Clicky as follows, for the stated legitimate purposes: A “Unique ID” tracking cookie to identify unique visitors; your IP address for security and fraud prevention; and your username to help us to analyze visitor behavior and assist with customer service needs. 

• Jetpack Stats. You may review Clicky’s privacy policy at https://automattic.com/privacy/ 

Links

This Site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information.

Security

To the best of our ability, we protect all of our data from loss, misuse, and unauthorized access and destruction.

Secure (HTTPS) access and Secure Sockets Layer (SSL) protocol are used by our Site to help keep your information, including login credentials, secure in transit. You are responsible for using a strong and unique password for the Site to help keep your account secure and for the security of your password. We are not responsible for any unauthorized activity on your account because of lost, weak, or compromised passwords.

We retain Personal Data on behalf of our Clients for as long as needed to provide our Service to them, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you have any questions about this Policy or would like to make a complaint, please contact us by email: [email protected]

Children under Thirteen

Kalinowski Equity Research does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use the Site.

Your Rights

You have the following rights with respect to your Personal Data:

• The right to be informed; This means anyone processing your Personal Data must make clear what they are processing, why, and who else the data may be passed to.

• The right of access; this is your right to see what data is held about us.

• The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.

• The right to erasure; under certain circumstances you can ask for your Personal Data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the Personal Data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the Personal Data has been unlawfully processed.

• The right to restrict processing; this gives you the right to ask for a temporary halt to processing of Personal Data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

• The right to data portability; you have the right to ask for any data supplied directly to us to be provided in a structured, commonly used, and machine-readable format.

• The right to object; you have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.

Withdrawing Your Consent

You can withdraw your consent for us to use your personal information at any time by emailing [email protected]. 

Disconnecting Your Kalinowski Equity Research Account from Third Party Websites

You will be able to connect your Kalinowski Equity Research account to third-party accounts. BY CONNECTING YOUR KALINOWSKI EQUITY RESEARCH ACCOUNT TO YOUR THIRD-PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD-PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time.

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Policy

This Policy is active as of 12/17/2020 and is updated from time to time. We will notify you via your registered email address or a notice on this Site prior to any significant changes becoming effective regarding Personal Data. You should periodically review this page for the latest information. Your continued use of the Site and/or Services available through this Site after such changes will constitute: (i) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.

Complaints

If you have any complaints about the way we use your personal data, please contact [email protected] who will try to resolve the issue.

You also have the right to complain to the data protection supervisory authority in your country. If you need more information about how to contact your local data protection authority, please let us know by contacting [email protected].