Terms and Conditions


Terms of use by accessing this website, the pages contained on it, and the products, services, information, tools, and material contained or described herein (the “Site”), you acknowledge your agreement with an understanding of the following terms of use. These terms and conditions are important and are for both your protection and that of KAPITALBANC. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, or discontinue all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions and that they comply with them.

In this document:

  • references to “Bank or Bank & Trust” are a reference to KAPITALBANC;
  • references to “Site” are references to the Site www.kapitalbanc.com;
  • references to “you”, “your” and “yours” are references to the person(s) accessing the Site;
  • references to “we”, “us” and “our” are references to KAPITAL BANC, its subsidiaries, directors, shareholders, agents, consultants, representatives, officers, and employees;
  • references to “Terms and Conditions” are references to these terms and conditions, as amended from time to time.

Company Information

This Site is made available free of charge. The Site is owned by KAPITALBANC. KAPITALBANC is a private company limited by shares incorporated under the laws of the District Of Columbia, USA and bearing business registration number T00006196712, its representative office at 1717 N STREET NW, Washington, District of Columbia 20036, USA

Ownership of Site, Trademarks, and Copyrights KAPITALBANC and other trademarks on this Site are trademarks and service marks of the Bank & Trust and/or its direct or indirect subsidiaries. The Bank & Trust reserves all rights with respect to copyright and trademark ownership of all material on the Site and will enforce such rights to the full extent of applicable law. Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark, or logo. Downloading, copying, or printing individual authorized pages and/or parts of the Site is allowed for personal use only, and will not transfer title to any software or material on the Site to you. Explicit attribution to the Bank & Trust must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, republication, or distribution of this material requires the express consent of the Bank & Trust.

You may not use this Site to engage in activities that infringe the intellectual property or other rights of KAPITALBANC and its subsidiaries and/or its licensors or in such a way so as to compromise the privacy of others, to impersonate another person, or for purposes which are immoral, illegal or destroy the integrity of any data or other computer-based information or which would violate local, state or national laws of any country.

Restrictions on Offer and Solicitation and DistributionThis Site is not directed at or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability, or use would be contrary to applicable law or regulation or which would subject the Bank & Trust to any registration or licensing requirement within such jurisdiction. Nothing on this Site shall constitute an offer or a solicitation of an offer to buy or sell any products or services, including but not limited to any securities, financial instruments, or other investments or investment advice. The information in the Site is descriptive of the Bank & Trust as a whole and the services, securities, and financial instruments described may not be suitable for you or available in the jurisdiction in which you are located, or may only be available through a branch or an affiliate of the Bank & Trust that is properly licensed to offer such services, securities or financial instruments in such jurisdiction. The Bank & Trust will not treat users of this Site as its clients by virtue of them accessing it. Users of this Site should seek the advice of their independent financial adviser prior to making any investment decision on the basis of any information contained herein and no information herein constitutes general or specific investment, legal, tax, or accounting advice of any kind.

The information contained on this Site may relate to the products and services of a person or entity that is located in a jurisdiction other than that in which you are located. Accordingly, the rules for the protection of private customers that apply in the jurisdiction in which you are located may not apply in relation to such products and services.

Disclaimers

INFORMATION AND OPINIONS PRESENTED IN THIS SITE HAVE BEEN OBTAINED OR DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, BUT THE BANK & TRUST MAKES NO REPRESENTATION AS TO THEIR ACCURACY OR COMPLETENESS. THE INFORMATION, MATERIAL, AND CONTENT PROVIDED IN THE PAGES OF THE SITE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THESE PAGES. WE ACCEPT NO RESPONSIBILITY FOR KEEPING THE INFORMATION IN THIS SITE UP TO DATE OR LIABILITY FOR ANY FAILURE TO DO SO. THE BANK AND TRUST AND ITS SUBSIDIARIES MAY CHANGE THE TECHNICAL SPECIFICATIONS OF THIS SITE OR ANY PORTION THEREOF OR SUSPEND THE AVAILABILITY OR CHANGE THE SYSTEM RESOURCE APPLICABLE TO YOUR USE OF THIS SITE OR ANY PORTION THEREOF.

INFORMATION AND OPINIONS PRESENTED IN THIS SITE HAVE BEEN OBTAINED OR DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, BUT THE BANK AND TRUST MAKE NO REPRESENTATION AS TO THEIR ACCURACY OR COMPLETENESS. THE INFORMATION, MATERIAL, AND CONTENT PROVIDED IN THE PAGES OF THE SITE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THESE PAGES. WE ACCEPT NO RESPONSIBILITY FOR KEEPING THE INFORMATION IN THIS SITE UP TO DATE OR LIABILITY FOR ANY FAILURE TO DO SO. THE BANK AND TRUST AND ITS SUBSIDIARIES MAY CHANGE THE TECHNICAL SPECIFICATIONS OF THIS SITE OR ANY PORTION THEREOF OR SUSPEND THE AVAILABILITY OR CHANGE THE SYSTEM RESOURCE APPLICABLE TO YOUR USE OF THIS SITE OR ANY PORTION THEREOF.

MESSAGES SENT OVER THE INTERNET (INCLUDING E-MAIL) CANNOT BE GUARANTEED TO BE COMPLETELY SECURE AS THEY ARE SUBJECT TO POSSIBLE INTERCEPTION, MONITORING, DELAY, LOSS, OR ALTERATION. WE ARE NOT RESPONSIBLE FOR ANY SUCH MESSAGES OR LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR OTHERWISE IN CONNECTION WITH ANY MESSAGES SENT BY YOU TO US OR ANY OTHER PARTY OR ANY MESSAGES SENT OR APPEARING TO BE SENT BY US OR ANY THIRD PARTY TO YOU OVER THE INTERNET (INCLUDING E-MAIL). YOU SHOULD NOT INCLUDE ANY SENSITIVE OR CONFIDENTIAL INFORMATION OVER THE INTERNET UNLESS YOU ARE USING A SECURE OR ENCRYPTED COMMUNICATIONS TECHNOLOGY.

Warranty; Liability

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE BANK AND TRUST MAKE NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES OR OTHER HARMFUL COMPONENTS WILL NOT BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE. THE BANK AND TRUST HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, REGARDING THE SITE AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING AND/OR USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE APPLICABLE LAWS AND/OR REGULATIONS OF ANY JURISDICTION. THE BANK DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS, OR AVAILABILITY OF THIS SITE OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF IT. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF ANY APPLICABLE LAW AND/OR REGULATION SHALL THE BANK AND TRUST BE LIABLE TO ANYONE FOR ANY DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES OR LOST PROFITS, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF THE BANK KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.

AND WE DO NOT REPRESENT OR WARRANT THAT THE USE OF THIS SITE OR ANY MATERIAL DOWNLOADED FROM IT WILL NOT CAUSE DAMAGE TO PROPERTY, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COMPUTER VIRUS INFECTION, SPYWARE, MALICIOUS SOFTWARE, TROJANS OR WORMS.

Indemnity

You agree to defend, indemnify, and hold harmless the Bank and Trust and its subsidiaries, employees, attorneys, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.

Owner’s risk

Access to and use of this Site is at the user’s own risk and we do not represent or warrant that the use of this Site or any material downloaded from it will not cause damage to property, including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans or worms.

Links to Other Websites / Content of Other Providers

Activating certain links on this Site may cause you to leave this Site. Such links, addresses, or hyperlinks are provided solely for your convenience and information. The Bank and Trust have not reviewed any of the websites linked with or connected to this Site, or which provide links to this Site, and does not accept any liability for their contents, the offered products or services, or any other offers. Using links from this Site to any website not owned by the Bank and Trust is at your own risk. No third party is permitted to link any other website to this Site without obtaining our prior written consent.

Applicable Law

This Site is established in the USA in accordance with and subject to the laws of The District of Columbia, USA, and will be governed by the laws of that country. When you use the Site, you accept that your use of the Site and any information on the Site (including these terms and conditions), will also be governed by the laws of The District of Columbia, USA, and if any claim or dispute arises from your use of the Site and any of the information on it, you agree that the Courts of Justice in the District of Columbia, USA, will have exclusive jurisdiction over all such claims or disputes.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Data Security

Please read our Security of data transfers from the Privacy Policy